Losing their children is every parent’s worst nightmare. For thousands of families that come under the watchful eye of the Connecticut Department of Children and Families, this fear turns into reality. Children can suffer irreparable damage when separated from loving, trustworthy caregivers, so it’s important to act fast to reunite your family.
If your children are taken by the Department of Children and Families (DCF) in Connecticut, it is important to seek the help of a family law attorney as soon as possible. An experienced Connecticut family law attorney can help you navigate the complex legal system, understand your rights, and advocate for the best interests of you and your children. At McConnell Family Law Group, our team of skilled family lawyers may be able to help ensure that your voice is heard and that you are able to reunite with your children as soon as possible. Call us today at (860) 467-1455 to schedule a consultation.
What is DCF Custody
The primary objective of the Department of Children and Families (DCF) is to collaborate with families and communities to improve child safety, promote permanent families, and enhance children’s overall well-being. Under Section 17a-2 of the Connecticut General Statutes, DCF is an excellent agency that provides child protection, behavioral health, juvenile justice, and prevention services.
If DCF determines that a child is being abused or neglected and is in immediate physical danger while in the care of their caregiver, the agency may file a motion for temporary custody of the child. However, the court will only grant the motion if DCF can present evidence that the child’s surroundings pose a risk to their safety, and immediate removal is necessary to ensure their well-being. In certain circumstances, such as a 96-hour hold, DCF can remove children from their homes without judicial authorization.
In order to impose a 96-hour hold, the Department of Children and Families (DCF) must possess probable cause to suspect that the child is in danger of physical harm and that removing them is necessary to guarantee their wellbeing. Such a circumstance may arise as a result of the caregiver’s conduct or lack thereof, or the home’s condition. It should be emphasized that DCF cannot extend custody of a child beyond 96 hours without a court order granted by a Connecticut Superior Court Judge, even if they have already implemented a 96-hour hold.
If your children are taken by DCF, here are some tips on what you should do:
1. Contact an Attorney
Before you contact anyone else or even give yourself the chance to cry, reach out to a family lawyer in Connecticut. The family court system is extremely complex and does not favor parents who have lost temporary custody of their children. If you try to navigate the process yourself or advocate on your own, you’re likely to get bogged down in bureaucracy, endless forms, and unnecessary delays.
2. Review Your Safety Plan
While signing a Safety Plan or Service Agreement without having a lawyer review it is not recommended, many families are pressured into doing so by DCF representatives. When DCF representatives believe that a family has failed to uphold their Safety Plan or Service Agreement, they may take steps to take temporary custody of children. If you signed one of these forms, find your copy immediately and provide it to your lawyer.
3. Jot Down Everything You Remember
Hours and days that pass without your children become a blur and important facts are quickly forgotten. Take a few minutes to write down everything about your communication with DCF. Write down as much detail as you remember, including dates, times, places, and specific things that were said. It’s particularly important to note any threats or warnings made by DCF. Again, make sure your lawyer has this information.
4. Request That Children Be Placed With Family Members
If you have family in the area who can care for your children, request that they care for your children until they are returned to you. Being separated from parents is a traumatic event for children, and it can cause even more lasting damage if they are placed with people they don’t know. Limit the damage by ensuring that children are with someone you and they trust.
5. Begin the Appeals Process
Now that you have a lawyer on board and you feel confident that your children will be safe until they return home, your lawyer can begin working on the appeals process. To get your children back from DCF, you may need to appeal their original decision to take custody. This often involves proving that you provide a safe, stable, and healthy home life. You may also need to prove that you have met all the standards in the Safety Plan or Service Agreement.
Our firm recently represented parents whose child was temporarily removed from their home based on misinformation provided to DCF by another family member. In the appeal process, we were able to present the real facts of the case, resulting in DCF dropping its finding of abuse and returning the child to his family.
DCF has an abundance of legal resources available to them, so you do not want to face them alone when your children’s custody is at stake. Contact the McConnell Family Law Group at (203) 541-5520, and we will help you begin finding peace through strength.
| Steps | Details |
|---|---|
| Contact an Attorney | Reach out to a family lawyer in Connecticut before contacting anyone else or attempting to navigate the complex family court system on your own. |
| Review Your Safety Plan | If you signed a Safety Plan or Service Agreement, find your copy and provide it to your lawyer to review. |
| Jot Down Everything You Remember | Write down all details about your communication with DCF, including dates, times, and specific things that were said. Share this information with your lawyer. |
| Request That Children Be Placed With Family Members | If possible, ask that your children be placed with trusted family members until they can be returned to you. |
| Begin the Appeals Process | Work with your lawyer to initiate the appeals process, which often involves proving that you can provide a safe and healthy home life for your children. |
from McConnell Family Law Group https://www.mcconnellfamilylaw.com/5-things-you-need-to-do-if-your-children-are-taken-by-dcf/
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