I blogged about it before but it bears repeating.
The absolute best chance to get a reversal of a DCF Substantiation and to get your name removed from the DCF Central Registry is to prevail at an Adminsitrative Hearing. In fact, it’s your only realistic chance. If you lose there – you are almost always done.
Don’t count on future appeals being successful.
I just read about yet another failed appeal to the Superior Court. Here it is:
Another failed appeal to Superior Court.pdf
When it comes to appealing Substantiation or Placement on the Central Registry you simply have to get it right the first time.
Remember no “do overs.”
This is an aside post.
This week the class will focus on the work of Ansel Adams. If you haven’t already, you’ll need to purchase Ansel Adams: An Autobiography (available at the school bookstore) and read chapters 1 through 4. In particular, I want you to focus on this section from chapter 2:
Adams also came to understand how important it was that his carefully crafted photos were reproduced to best effect. At Bender’s invitation, he joined the prestigious Roxburghe Club, an association devoted to fine printing and high standards in book arts. He learned much about printing techniques, inks, design, and layout which he later applied to other projects. [1]Some of Adams’ success can be attributed to how successfully he replicated his work through printing. This week we’ll be learning about his print techniques and making some prints of our own.
Typi non habent claritatem insitam; est usus legentis in iis qui facit eorum claritatem. Investigationes demonstraverunt lectores legere me lius quod ii legunt saepius. Claritas est etiam processus dynamicus, qui sequitur mutationem consuetudium lectorum. Mirum est notare quam littera gothica, quam nunc putamus parum claram, anteposuerit litterarum formas humanitatis per seacula quarta decima et quinta decima.
I get calls from time to time about foster parent appeals. The first question is usually: Do foster parents in Connecticut have any recourse when a child in removed by DCF?
The answer is yes – but keep reading…….
Except in the case of an emergency, DCF is required to notify a foster parent, in writing, at least 14 days before they intend to remove a foster child.
If the foster parent disagrees, they may request an Administrative Hearing before a Hearing Officer if:
1. The child has been placed with the foster family continuously for at least one year; or
2. The child has lived with the foster family for a total of two years during different periods of placement.
However, there are exceptions.
When the child is removed for placement in a pre-adoptive home or to effectuate a placement ordered by the Juvenile Court (such as transfer of guardianship to a relative or return to a biological parent) then there is no right to a removal hearing.
Removal hearings are, by their nature, time sensitive. Accordingly, a foster parent who is otherwise entitled to a removal hearing must make the hearing request within ten days of the date they received written notice from DCF.
At the hearing, DCF has the burden to prove that their decision to remove the child is in the child’s best interest.
As with most DCF Administrative Hearings, it is crucial to present your case effectively – further appeals are rarely successful.
Contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 for further information concerning foster parent appeals in Connecticut.
An open adoption provides for some form of ongoing contact between a child and his/her biological parents after an adoption has been granted by the Probate Court or Juvenile Court.
In Connecticut, open adoption agreements may be governed by Connecticut General Statutes Section 17a-112 or may be based on strict contract principles – referred to as a Common Law Open Adoption Agreement.
Reasons to sign an Open Adoption Agreement:
1. Allows the child the opportunity to maintain biological, family ties;
2. Provides the child with love and support from a larger and “extended” number of adults;
3. May be positive for the child psychologically in that it eliminates the need for the child to search for his/her biological family; and
4. Avoids the uncertainty of Termination of Parental Rights litigation.
Potential disadvantages of an Open Adoption Agreement:
1. Unfulfilled promises by the biological parents (i.e. missing a visit, not sending a gift) may cause disappointment to the child;
2. Unclear expectations or a poorly drafted Agreement may result in significant disagreements between the adoptive parents and the biological parents concerning rights and responsibilities; and
3. Potential confusion (especially in younger children) surrounding the identities and roles of the multiple adult family members.
A well-drafted Open Adoption Agreement can be beneficial to the child. However, it is extremely important to reflect carefully on the advantages and disadvantages before entering into such an Agreement.
Please contact me to Connecticut Open Adoption Agreements.
The most common car accident is the rear end collision. Unfortunately, even those that happen at a low rate of speed can cause significant injuries to both drivers and passengers.
These injuries frequently include:
- whiplash
- head injury (including concussion)
- back injury (bulging disc, herniated disc)
- neck injury
- broken bones
Unfortunately, injured parties may also suffer “psychological” harm such as anxiety and depression.
Many of these “rear enders” occur at intersections when a driver has stopped at a stop sign or is waiting for a traffic light to change.
In most rear end accidents, it is clear that the person driving the car that struck the back of the other vehicle is at fault. But this does not mean that resolving your property damage and personal injury claims with an insurance adjuster will be easy. Insurance companies are reluctant to simply pay for all of your medical treatment, lost wages and pain and suffering.
After all, insurance adjusters work for the insurance company not for the injured driver or passengers. Their job is to pay you as little as money as possible (often much less than the case is worth) and close your file right away.
How will they do this?
Adjusters will minimize your injuries. They will question your course of medical treatment. They might even dispute who was “at fault” by alleging that you stopped suddenly or were otherwise not operating your vehicle safely.
Do not settle your case for less than you are entitled to. Once you sign a release with the insurance company, you will be forever barred from making future claims.
I represent clients in car accident and injury matters through out Fairfield and New Haven Counties including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding a rear end car accident in Connecticut.
This can be a tough call. Sometimes though firing your divorce lawyer and hiring a new one (or representing yourself) is the way to go. But not always and never without thinking it through.
When to Fire Your Divorce Attorney
Of the five reasons listed above, the most common is probably that you’ve spent a lot of money with no corresponding results. Unfortunately, it happens. A year into the case, tens of thousand of dollars and you feel that no progress has been made. However, always talk to your lawyer first as there could be a satisfactory explanation or other legitimate reasons that are beyond your lawyer’s control.
Another frequent reason is that the client and the attorney are not “in sync.” The client is ultimately the boss and there should be frequent communication concerning the objectives of representation. If there is a true disconnect then perhaps a fresh set of eyes makes sense. Again talk to your lawyer first as there may be ways to repair the relationship and proceed down the same path.
On the other hand, there are times when the lawyer is uncomfortable with or cannot possibly achieve the client’s goals. After all, the lawyer must act within the confines of ethical rules and established law. When a client takes an extreme position, the lawyer may ask the judge to allow the attorney to withdraw their representation.
Divorce litigation can be contentious and emotional.
Communication is key. Discuss matters. Talk it out.
Sometimes this works.
Other times it’s mutually beneficial to part ways.