DCF has implemented a new response to certain child abuse and neglect referrals. It appears to be an effort by the State to work together with families and service providers to address cases that are considered “low risk.” Essentially, rather than conducting a full scale Investigation DCF simply performs a Family Assessment – also known as a Family Assessment Response (“FAR”).
On the surface, it is a less adversarial approach.
An Investigation seems harsh. An Assessment seems relatively gentle.
And an Assessment, unlike an Investigation, does not result in any findings or Substantiations of Neglect or Abuse.
Here’s how it works.
The referral is accepted by the Hotline. It is initially screened as a low risk report. A determination is made that the child is conditionally safe.
Then a DCF Social Worker contacts the family within three days of the referral with the goal of scheduling an in person meeting with the family within five days.
After that meeting, the Social Worker will do one of the following:
- Close the case (no need for services and/or family declines)
- Provide immediate help of their own to the family
- Refer the family to an outside agency for assistance and services
But be careful.
At any time, a Social Worker can change their mind and decide that the child is unsafe and therefore a traditional Investigation is required rather than an Assessment. This could result in the filing of a Neglect Petition in Juvenile Court and the removal of the child from the home.
Should a family participate in a Family Assessment Response?
This decision should be made only after carefully considering whether the needs of the family could be met without State involvement and taking into account the inherent risks that arise any time DCF comes calling.
Contact my office online or by calling me in my Fairfield office at (203) 259-5251 or in my Stamford office at (203) 356-1475 to schedule a consultation concerning a DCF Family Assessment Response.
Yes – a prenuptial agreement can be contested in Connecticut.
A party to seeking to enforce a premarital or postnuptial agreement must specifically demand enforcement of that agreement when the divorce is filed. If the other spouse wishes to avoid enforcement, they must file a reply within sixty days requesting avoidance of the agreement and stating the grounds as to why the agreement should be invalid.
Therefore, you must tell your divorce attorney during your initial meeting that a prenuptial agreement exists. A strategy can be developed depending on whether you are seeking to enforce the terms of the prenup or looking to avoid it altogether.
What are the grounds for contesting a prenuptial agreement in Connecticut?
- The agreement was not signed voluntarily;
- The agreement was “unconscionable” when it was signed;
- Before the agreement was signed, there was not fair and reasonable disclosure of amount, character and value of property, financial obligations and income;
- A party was not afforded a reasonable opportunity to consult with independent counsel; and
- The agreement is “unconscionable” now.
A few points:
The law only requires that each party be given a reasonable chance to consult with a lawyer. A spouse cannot seek avoidance of a prenup just because they did not have a lawyer.
Unconscionability can be raised at two points in time – the time of execution of the agreement (signing) and at the time of enforcement (divorce).
Unconscionable does not mean unfair. Rather the test is whether enforcing the agreement would be an injustice.
Please contact me to discuss contesting a prenuptial agreement in Connecticut.
It’s bad enough to be involved in a car accident.
It’s even worse when the other driver flees the scene.
In Connecticut, a driver operating a motor vehicle that has caused physical injury or property damage is obligated to stop and render assistance. At the scene, the driver is required to provide their name, address, driver’s license number and registration information to the other party or police. A driver who fails to do so can be charged with Evasion of Responsibility – a criminal offense.
So – why do drivers take off?
It is usually one of the following:
- They don’t have insurance;
- They are under the influence of alcohol and/or drugs;
- They are simply scared.
According to a National Highway Traffic Administration study, approximately one of out of every eight motor vehicle accidents is a “hit and run.”
What can you do if you have been the victim of a hit and run?
Attempt to determine the identity of the at fault driver. Make a police report. Law enforcement may be able to locate the driver. You may also consider hiring a private investigator.
Explore insurance possibilities. Connecticut auto insurance policies provide for uninsured motorist coverage. This coverage pays financial compensation for injuries sustained by a driver and any passengers when the driver of another vehicle is at fault for an accident but either does not have insurance or cannot be identified.
Please contact me if you have been the victim of a hit and run accident so we can discuss you legal options.
Connecticut has been proactive in addressing school bullying.
In June 2008, Connecticut enacted a new law requiring each school district to develop and implement a bullying policy and intervention strategy.
Then in July 2011, Connecticut passed additional legislation to prevent school bullying and ensure that every child has the right to learn in public school without fear of teasing, humiliation or assault.
Highlights of the new law:
- Broadens the definition of bullying and also adds “cyberbullying”;
- Expands school bullying to include school related activities and school bus behavior;
- Mandates training and reporting requirements for school employees;
- Schools must investigate incidents promptly and parents of the children involved must be notified of the school’s response within 48 hours of the completion of the investigation.
What can be done if a child has been the victim of school bullying?
1. Get the school involved. The school must follow a safety policy to protect the student. Contact school personnel (i.e. Principal, Superintendent) to determine what has been to done to address the incident and what will be done to put a stop to further occurrences.
2. Get the police involved. File a police complaint if you feel that your child needs immediate protection.
3. Get a lawyer involved. Consult with a lawyer to determine if a civil lawsuit should be filed.
By the time they turn 16, one-half of children in the United States will experience their parent’s divorce.
If you are a parent and going through a divorce (or a contested custody case) it’s important to understand the impact that the process has on your children.
I recently watched a quick film about kids and divorce from the child’s perspective.
Some of the quotes include:
“My fault they got divorced.” Guilt.
“It’s like something that you love breaks and you can’t put it back together.” Sadness.
“Taking sides. That side or this side.” Conflicted.
“Don’t get in their way.” Scared.
“Mom told me she had a new boyfriend.” Anger.
“It’s like a rollercoaster.” Confusion.
A link to the film appears below:
SPLIT … a film for (and by) kids of divorce by Ellen Bruno – Kickstarter
In a case for personal injuries in Connecticut, the injured party may be able to collect both economic damages and non-economic damages.
Economic damages include past and future medical expenses, lost income and property damage. These damages are easy to quantify since there are usually records, bills and invoices. Think of these damages as “out of pocket expenses.”
Non-economic damages are subjective and harder to quantify. Think of these damages as “quality of life damages.” Pain and suffering falls into this category.
Pain and suffering consists of all mental and physical injuries that an injured party has experienced as well as compensation for those injuries that can be reasonably expected to occur in the future. For example, inconvenience, mental anguish, emotional distress and the inability to live one’s life as they previously did.
Factors in calculating pain and suffering awards include:
The likelihood that the pain is really an aggravation of a pre-existing injury rather than a “new” injury;
The impact that the injury has on daily life such as activities that cannot be performed without discomfort or the possibility that certain pursuits simply cannot be enjoyed at all;
Life expectancy;
Occupation and income;
The character of the claimant – sympathetic or unlikable;
The insurance company of the person causing the injury.
There is no precise formula to determine pain and suffering. However, pain and suffering is always an important aspect in fully evaluating the proper compensation in a Connecticut personal injury case.
Please contact me to discuss your Connecticut personal injury case.