Connecticut Juvenile Court and DCF can be intimidating and confusing.
Plus, some DCF Investigations result in DCF filing Neglect Petitions in Connecticut Juvenile Court requiring the parents to appear before a judge and then other times DCF closes their case with no court involvement.
In the most urgent of cases, DCF will request that the judge remove the children immediately and award DCF temporary custody. For a a Connecticut Juvenile Court to issue an Order of Temporary Custody (OTC), there must be a finding that the child needs immediate protection. If the OTC is granted, DCF will usually place the child in foster care unless a suitable relative is available.
If DCF cannot prove at least one of the allegations, the Neglect Petition will eventually be either withdrawn by DCF or dismissed by a judge.
For those cases in which DCF can establish one or more of their claims, the Neglect Petition will play out in one of the following ways:
Protective Supervision. The child continues to live with the parents or guardians but DCF has court-imposed oversight over the family for a specified period of time. The parents are provided with Specific Steps, which set forth what is expected of them to retain custody and ultimately have the case end.
Commitment. DCF becomes the child’s legal guardian. The child’s residence or other placement is determined by DCF.
Transfer of guardianship. A third party (not DCF) becomes the child’s legal guardian. The judge must make a finding that the proposed guardian is suitable and worthy to assume the role of guardian. Ordinarily, the guardian is relative but there are some instances where a non-relative assumes guardianship.
You may contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 for further information Connecticut Juvenile Court and DCF.
Personal injury lawyers take cases on a contingency basis. This means that a personal injury lawyer is paid a percentage of the client’s judgment or settlement as a legal fee.
Therefore, for some who are injured, there is a temptation to negotiate with the insurance company on their own rather than paying part of a settlement to a lawyer.
So does it make sense to hire a personal injury lawyer?
Here’s what an experienced personal injury attorney can do:
- Properly assess the true value of a case to maximize recovery;
- Skillfully negotiate with the insurance adjuster;
- Apply their knowledge of the applicable laws and explore all potential theories of liability;
- Handle bogus tactics employed by adjusters to delay settlement;
- Reject “low ball” offers from the insurance company. In fact, at least one study showed that the settlements paid to injury victims who had a lawyer were over three times more than those who did not have a lawyer;
- Properly file a lawsuit, summon all the appropriate defendants and meet the statute of limitations;
- Gather evidence such as witness statements and medical records;
- Deal with requests for information and court motions filed by the attorney for the insurance company;
- Utilize experts such as medical professionals, private investigators, accident reconstructionists and vocational specialists;
- Effectively present the case to a judge or jury by following the rules of court procedure, calling necessary witnesses, introducing favorable evidence and objecting to prejudicial or irrelevant information offered by defense counsel.
The decision to retain a lawyer is an important one. Once the settlement is accepted, there are no “do overs” with the insurance company.
Over the last several years, the policy in scheduling DCF home visits has changed a bit. In the past, just about every referral DCF received resulted in an unexpected knock on the door.
Now, unannounced visits are reserved for those cases where DCF believes that the child needs immediate protection. For example, a claim that a child is being physically abused means a quick dispatch to the home.
Other less serious Investigations, such as educational or emotional neglect, can usually wait for a scheduled visit. In those types of cases, DCF will send a letter or call the family to arrange a meeting.
Sure, no one wants to be investigated or be subject to DCF home visits. But at least if you have an appointment with DCF, there is time to prepare.
So what do you do when DCF comes calling?
1. Ask for a copy of the “Parent’s Right to Know Brochure.” Doing this at the start sets the tone. It lets DCF know that you are aware that you have rights during an Investigation. In my experience, DCF is then less inclined to do something underhanded.
2. Do not sign anything. This includes any Releases of Information, Authorizations, Safety Plans or Service Agreements.
3. Do not make any statements to DCF. I know that this is a difficult one for parents. After all, you’re a good parent. If you could just explain what happened, then DCF would leave you alone. Nevertheless, the truth is that most times DCF has little to go on until parents start rambling. Resist the urge.
4. Do not allow DCF to interview your child. DCF will say they have to speak to your child. Not true. They are only permitted to do so under very limited circumstances.
5. Speak to a lawyer. If the visit is unannounced, get the Investigator’s business card and tell them you will be in touch after you to speak to a lawyer. Then sit down with an attorney to discuss how best to handle the visit. On the other hand, it might be best to decline the visit altogether.
I represent clients involved with DCF though out Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to arrange an initial consultation concerning DCF home visits.
I get inquiries from time to time, on whether a legal separation or divorce is better suited for a particular client’s situation.
For starters, a legal separation is similar to a divorce – the same laws apply regarding custody, child support, alimony and property distribution.
Here are some considerations to help make the decision between a legal separation and a divorce:
1. The Social Security 10 year rule. As a general rule, if a marriage has lasted ten years, a divorced spouse who has not remarried may elect to collect benefits based on their former spouse’s work record. Therefore, many spouses choose a legal separation until they meet the ten-year mark.
2. Health insurance. In some instances, a spouse can remain eligible for health insurance coverage while legally separated. This is especially beneficial if the spouse has a pre-existing medical condition, which would make obtaining other insurance costly. Whether a spouse can remain covered under a health insurance policy is determined by the insurance plan; not a judge.
3. Potential military benefits. Military spouses must be married 10 years to obtain benefits under the Uniformed Services Former Spouse Protection Act.
4. Religious reasons. Spouses may be opposed to divorcing based on their religious beliefs.
5. Potential reconciliation. The spouses may need some time away to gather their thoughts about their relationship without the finality of divorcing.
The length of legal separation is indefinite. The parties will remain legally separated until the legal separation is converted to a divorce or the parties resume marital relations and request that the court vacate the legal separation.
Remember, if you are legally separated you cannot remarry. Therefore, if another marriage is contemplated, you must get divorced.
Whenever DCF is involved there is always the risk that they might file a Neglect Petition in the Juvenile Court.
It used to be that DCF would file Neglect Petitions virtually any time an Investigation was Substantiated and sometimes even in cases where there was no Substantiation. However, over the last year or two, the number of cases DCF has presented to the Juvenile Court has decreased significantly, as DCF has focused on less adversarial ways to ensure the safety of children.
Ordinarily, Neglect Petitions are filed when the abuse or neglect allegations are serious enough that DCF is attempting to remove the child (or at least threaten the child’s removal) or when DCF is trying to get the parents or guardians to go along with DCF’s recommendations for the family.
Neglect Petitions in Juvenile Court will allege that the child:
- Has been abandoned;
- Is being denied proper care and attention;
- Is being permitted to live under conditions injurious to the child’s well-being;
- Has been physically, sexually or emotionally abused.
DCF may also claim that child is homeless or that the child’s home cannot meet his/her specialized needs. These would be grounds for an Uncared For Petition.
Parents and guardians in Connecticut Juvenile Court have important rights. These include:
- Requesting a trial before a judge to make DCF to prove one or more of their allegations;
- Not being forced to speak to anyone about the case;
- The right to have an attorney represent their interests throughout all phases of the case.
I represent clients in Connecticut Juvenile Courts involving DCF Neglect Petitions proceedings though out Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about DCF Neglect Petitions.
In Connecticut a divorce, there is no requirement that either spouse be represented by a lawyer. In fact, the family court tends to see a great number of self-represented litigants.
You may not need a divorce lawyer if:
- There are no children who are issue of the marriage;
- If there are children, the parents agree on a Parenting Plan;
- It is a short marriage;
- There are little or any substantial assets;
- There is a prenuptial or postnuptial agreement and both spouses agree that the terms of the agreement will become part the final divorce judgment.
On the other hand, there are cases where retaining a lawyer is essential.
You would greatly benefit by hiring a lawyer if:
- The other spouse has a lawyer;
- The marriage is longer than 10 years;
- There is a disagreement over custody and visitation;
- There are significant assets including real estate and retirements plans;
- The spouses have accumulated assets together;
- There are “collateral” legal proceedings such as bankruptcy, criminal cases, DCF involvement or immigration issues;
- Inheritance claims;
- The other spouse has mental health or substance abuse issues or there has been domestic violence in the marriage;
- You are unsure as to what the true financial condition of your spouse is including the potential that there are hidden assets;
- You seek to avoid the enforcement of a prenuptial or postnuptial agreement;
- The case is heading to trial.
A few other thoughts.
Even in a relatively straightforward case, some spouses prefer to have an attorney prepare and file documents as well as handle matters with the other spouse. It reduces stress at a time when emotions typically are running high.
Some attorneys will agree to assist on a limited basis but not appear in court. For example, you might retain an attorney to act as review counsel for advice concerning a Separation Agreement.