Appealing DCF Substantiation Findings in Darien
Did the Department of Children and Families (DCF) wrongfully substantiate a report that you abused or neglected your child? Appealing DCF substantiation findings in Darien could help your family move forward.
What Happens After DCF Substantiates Abuse or Neglect?
At the close of their investigation, DCF has the choice to dismiss the allegations or substantiate them. A substantiation finding can give DCF grounds to go to court to seek legal action limiting your parental rights. DCF can even ask the court to have your child removed from your home.
In addition, a substantiation finding often includes a determination that the accused individual should be listed on the DCF Central Registry. This publicly labels that individual as a child abuser, even though the individual may have had no opportunity to offer a defense. In addition to the potential for embarrassment, listing on the registry can impact that individual’s career far into the future. Fortunately, appealing DCF substantiation findings in Darien could result in a ruling removing your name from the listing.
How Do I File an Appeal?
The first step in the appeal process is to file a “Request for Appeal of Substantiation Findings/Recommendation for Placement on the Central Registry.” This standard form must be submitted within 60 days of receiving the substantiation findings, or the right to appeal will be lost.
After receiving the request for appealing DCF substantiation findings in Darien, DCF will conduct its own internal review. Agency staff will consider the report and assess whether allegations are supported by sufficient evidence. DCF could reverse the finding and dismiss the case. However, in many instances, the finding is affirmed.
Requesting a Hearing Before an Administrative Law Judge
If DCF’s internal review affirms the findings, the next step is to request a hearing before an administrative law judge. During the hearing, the individual has the right to present evidence in their own defense and to challenge evidence presented by DCF.
The hearing is conducted much like a trial, with witness testimony, exhibits, and the opportunity for cross-examination. To maximize the chance of success, individuals accused of abuse or neglect often choose to retain an attorney to represent them during the hearing.
Let a Darien DCF Attorney Help You Appeal Substantiation Findings
The process of a DCF investigation sometimes seems very informal. However, the results can have serious consequences, so it is crucial to work to maintain your family’s rights and best interests.
In many cases, it is wise to begin the process of appealing DCF substantiation findings in Darien as soon as possible. To make a persuasive showing and take advantage of all available opportunities, it can be helpful to work with an experienced DCF attorney during the appeal process.