A 51A is an allegation of neglect or abuse. If the report describes an emergency, DCF may present the 51A to the judge and obtain permission to take your child or children away from you without notifying you beforehand. However, if this emergency procedure is used, you may not hear about the 51A until after the children are removed. If that happens, then you should contact DCF and find out when they intend go to court.

You should go to court and ideally have a lawyer with you. Sometimes, DCF goes to court immediately after taking the children. Once you go to court, if you are not able to afford an attorney, you can get a court appointed attorney and you have something called a “72 hour hearing” to decide whether your child would be in danger if left with you pending a full hearing on the case.

In addition, the judge would have had to find that the DCF Affidavit seeking emergency custody, even though it is unopposed at the time, has enough facts to grant DCF an emergency custody.