It Is Up to Families to Know Their Rights

DCF’s Subjective Definitions

Before you sign any documents, agree to any terms, or let anyone in your house, there are a few things you need to know in order to keep your family safe from an intrusion into your personal life.

The Department of Children and Families (DCF) is a large government agency that describes itself as “providing many services to help Connecticut’s children and youth and their families. The mission…is to protect children, improve child and family well-being, and support and preserve families.” [DCF Q & A for Parents about Protective Services]

I think we can all agree that we want to improve children’s wellbeing, and keep families together- right? Doesn’t this mean that DCF has the same goals as you as a parent?

Not exactly. While DCF may share the same goals as parents, something is lost between its mission and the successful execution of that mission. In writing, things are often very different than they are functionally, in practice.

Families and attorneys in Connecticut have experienced that DCF routinely fails to engage in behaviors that would preserve families. There are many instances where preservation of the family- not taking the children- is the safer, better choice- and yet these children are removed. DCF is an understaffed and overwhelmed organization resulting in the difficulty of providing the appropriate family teaming that would foster better outcomes.

What these families and attorneys are experiencing is that DCF frequently engages in actions that unnecessarily infringe on a parents fundamental interest in the care and custody of their child.  DCF workers frequently show up at a families home with the responsibility to investigate and that family does not know what they can say and what they do not have an obligation to say to the DCF worker.

It can be really difficult to accept and adjust to the fact that while DCF has a stated mission to preserve families, they operate using subjective definitions in their policies, manuals and procedures that mistakenly support a different end. Subjective definitions are up for interpretation; they are based on an individual’s feelings, and opinions. They can mean different things to different people. This means that your words can be “stretched” easily using word selectivity and exaggerations or omissions. Just because you cannot imagine that this could happen does not mean it won’t.

Families need to know that if a DCF worker comes to your house and hands you a brochure of their guidelines, you are getting information from DCF’s subjective point of view. And that is all they are doing, handing you a brochure, not a warrant, not a court order, not any legal document that you must comply with.

DCF As an Agency Does Not Have Rights; U.S. Citizens Have Rights

The wording in their manual implies that DCF has rights to do certain things. The truth is, that you as an American citizen have rights. DCF has duties. They have obligations to their employer to carry out those duties to remain employed there. One such example of a statement that implies to many parents that they must legally let a social worker into their home upon a social worker arriving with questions, is a part of the brochure that says,

“State law [Connecticut General Statues Sec. 17a (101)]  requires DCF to assess or investigate all reports of suspected child abuse or neglect. The social worker will want to talk to you about the report and your child’s well-being.”

I have to let them in, it says “state law requires DCF” to do this, a parent may think to herself.

The fact that the law requires DCF to do something, does not mean that your rights go away. You maintain the right to disallow the search of your home, or entry into your home of any persons or entity without a warrant. This right is inalienable meaning no matter what happens or where you are, unless there are exigent circumstances, it still holds true. These rights come from the Constitution of the United States of America and states must respect those rights.

Invoking state law is not a fair way to present this information to a family who is new to DCF. The brochure even states that if you do not let them in, it may result in the removal of your children. While this is true that they have the ability to remove them, they cannot remove your children SOLELY based on your refusal to allow them entrance into your home without a warrant. This is an unfair manipulation of words. They fail to include that you have the legal right to ask them to leave, and to only let them in your home with a warrant. You have the legal right not to speak one word to them, and then contact an attorney.

You have rights simply by being a parent as well.

In 2000 the Supreme Court, in a landmark decision found that parents have a fundamental liberty interest in the care, custody and management of their children Troxel v. Granville, 530 U.S. 57, 65 (2000). In a 1989 the Supreme court declared

The fundamental liberty interest of natural parents in the care custody, and management of their child is protected by the Fourteenth Amendment, and does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State. Santosky v. Kramer, 455 U.S. 745, 753-54 (1982);

There is a presumption that fit parents act in their children’s best interests, Parham v. J. R., 442 U.S. 584, 602; there is normally no reason for the State to inject itself into the private realm of the family to further question fit parents’ ability to make the best decisions regarding their children, see, e.g., Reno v. Flores, 507 U.S. 292, 304.

The State (DCF employees are state actors) is not allowed to inject themselves into the private realm of your family unless they find you to be an unfit parent. DCF acquires its duty from the balancing of a parents fundamental right and a States interest in preserving and promoting the child’s welfare.

 Making yourself familiar with the Constitution, and its Amendments (especially the 1st, 4th and 14th!) is a great way to help keep your family safe and intact, and always- always- contact your attorney right away.

It is so important to not only know your rights but exercise them. When dealing with criminal investigations if a police officer or government agent violates any of these rights there are procedures in place that would prevent the information from being used against you. This does not hold true for your civil proceeding.  For example; DCF need not provide you with Miranda warnings, and the fruit of the poisonous tree doctrine does not apply in civil proceedings.