TEN FACTS ABOUT DCF: Investigations, Substantiations and Appeals

By Christopher DeMatteo, Esq.

The Department of Children and Families (DCF) is Connecticut’s child protection agency. It has the legal authority to investigate and to take administrative and legal actions against individuals and families. Attorney Christopher DeMatteo of the law firm Willinger, Willinger & Bucci in Shelton has written this  legal guide to describe the processes and rights available in DCF matters.

Investigations

1. DCF has the authority to investigate all allegations of child abuse or neglect. Anyone who is responsible for the care or entrusted to care for a child can be investigated. That includes parents, other relatives, teachers, healthcare professionals, babysitters, coaches, clergy and more. Still, DCF may initiate an investigation before determining that a subject is outside its purview.
2. DCF has limited investigative power. Anyone can make a report and mandated reporters are required to make reports when they suspect child abuse or neglect. Mandated reporters however can only provide limited information due to various privacy laws (e.g. HIPAA). Unlike the police who can obtain search warrants, DCF primarily gathers its information through mandated reports, voluntary interviews and voluntarily signed releases. DCF also has the authority to make referrals to the police if criminal activity is suspected.

Your Rights

3. You have rights when it comes to DCF investigations. In fact, absent a court order, cooperation with DCF is voluntary. You have the right to remain silent and do not have to comply with the investigation. You have the right to have an attorney represent you. You do not have to provide information, sign releases, meet with DCF or even allow DCF social workers into your home or to meet with your children. BUT — unlike in criminal cases, if DCF does not inform you of your rights and you provide information that is harmful to your case, it could still be used against you. There is no exclusionary rule (i.e. statements and information cannot be suppressed).
4. DCF is not always required to obtain a parent’s consent before interviewing a minor child. While the law does require parental consent, there is a major exception–if the parent or other caretaker or member of the child’s household is suspected to be the perpetrator of the alleged abuse or neglect or that obtaining consent could place the child at imminent risk of physical harm. That’s a big exception because it almost always applies when DCF is investigating a parent. In these situations, DCF might attempt to speak to the child in school. Again, there is not much recourse if this rule is violated.

        Removals

5. DCF can administratively remove a child from parents or guardians for 96 hours but only if it reasonably believes that the child would be in immediate physical danger from his or her surroundings. In order to remove a child for longer than that time, it must obtain an order of temporary custody (OTC) from a juvenile court. If one is obtained, there must be a preliminary court hearing within ten days.

Administrative and Judicial Proceedings

6. DCF cases may exist on two planes: the administrative level and the judicial level. Investigations, substantiations and registry placements are agency decisions and can be challenged through an administrative appeal process. Neglect petitions and orders of temporary custody are legal actions that are litigated in juvenile courts. Even if DCF does not initiate a court case, it can still substantiate and place a person on the Central Registry. DCF substantiates a report of child abuse or neglect when it determines that there is reasonable cause that such abuse or neglect occurred and that a specific person is responsible for it.
7. Not all DCF investigations lead to court proceedings. In many, perhaps most, cases, DCF seeks voluntary compliance before it files a petition to initiate court proceedings. DCF may threaten to file a petition to seek court orders if you decide you no longer wish to voluntarily work with them.

Substantiations and Registry Placements and Appeals

8. Substantiations are not criminal and not public. They do however remain in DCF’s records and can affect a person in later DCF actions, such as being licensed as a foster parent. Unsubstantiated reports may also remain in a person’s record for a certain amount of time but can later be erased.
9. DCF maintains a database called the Child Abuse and Neglect Registry, commonly referred to as the Central Registry or just “The Registry.” It includes individuals substantiated of neglect or abuse who are further determined by DCF to pose a risk to the health, safety and well-being of children. Not all substantiated individuals are placed on the Registry. The Registry is not public. Certain organizations and employers which work with children are allowed to request background checks from DCF to find out if someone is on the Registry. Registry placement can effectively make a person unemployable in certain professions and unable to participate in other activities.
10. Even if the time to directly appeal a Registry decision has passed, a person can contest his or her continued placement at a later date. Additionally, a substantiation or registry appeal can be deferred to after a criminal case is concluded.