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When DCF Investigates a Case where a Parent has been Criminally Charged. What can DCF Do and What can the Parent do in Terms of Due Process and Rights?

  • Posted by Alexander Nesson
  • On July 6, 2020

There is some case law talking about particularly if the parent has the right to counsel and whether DCF should interview the allegations and whether that would violate both federal and state constitutional rights to have an attorney.  There have been cases where even if the parents have made a full confession to DCF that that has been suppressed in the criminal matter.  Most of the DCF offices are having the worker interview the parent but not talking about the allegation. You want to be very careful and want to balance what can be a negative adverse inference against the parent for not meeting or not speaking to DCF and it is very important that there is any possibility of any criminal charges while DCF is ongoing that you speak to an attorney before deciding whether to cooperate or not cooperate with DCF.