DCF removed my kids, now what?
No parent ever expects to face the heartache of having their child removed from their home. Whether you’re dealing with struggles like addiction, domestic violence, homelessness, or if you feel DCF acted too quickly, this is an incredibly painful experience. I understand the fear and uncertainty you’re feeling, and I’m here to be your advocate. No matter the circumstances, my goal is to stand by your side, guide you through this difficult time, and fight for your rights and your family.
What is an Order of Temporary Custody?
Under Connecticut law, if a child is believed to be in serious physical danger or suffering from a serious illness or injury, the court can issue an emergency order to temporarily place the child in the care of a responsible person or agency. This decision is based on the petition and supporting evidence presented to the court. Usually the petition includes the Order of Temporary Custody, Neglect Petition, Summary of Facts, Social Work Affidavit and Specific Steps.
Can DCF remove my kids without a court order?
Yes! Connecticut law allows DCF to remove a child from their home without parental consent or court approval if they believe the child is in immediate danger of physical harm. DCF can make this decision if they have probable cause to think the child’s safety is at serious risk and that removing the child right away is necessary. This removal can last up to 96 hours. After 96 hours DCF must go to court to request an Order of Temporary Custody (OTC) to keep the child in their care. (Gen. Stat. Sec. 17a-101g)
What are my rights if DCF takes my kids?
If DCF has taken your children, you have several important rights. First, you are entitled to a court hearing within 10 days after DCF requests an Order of Temporary Custody (OTC). At this hearing, you can contest the OTC and participate fully in the proceedings. You also have the right to know the specific allegations that led to the removal of your children.
During the hearing, you have the right to an attorney; if you cannot afford one, the court will appoint one for you. It’s crucial to understand that an OTC is not a permanent denial of custody or a termination of parental rights.
Beyond the OTC
In Connecticut, the standard of proof in these proceedings is relatively low; the state must prove its case by a preponderance of the evidence. After the Order of Temporary Custody (OTC) hearing, if you prevail, your children will be returned to your care. However, if you do not succeed, DCF will have temporary custody of your child. While you will still retain guardianship and parental rights, you will lose legal and physical custody. The court may place your child with DCF foster home, a family member, or a non-custodial parent. Learn more about Neglect Petitions Outcomes.
If your child has been removed and you are struggling with visits check out our guide: Making the most out of visits
Why You Need a Connecticut DCF Attorney
Even though the Department of Children and Families (DCF) is meant to protect children, there are times when their actions may not align with this goal, and having your relationship with your children threatened can be devastating. If you’re at risk of losing your children or have already experienced this situation, contacting a lawyer who specializes in child protective services is crucial. Having a legal professional on your side as soon as possible increases your chances of addressing any issues and working towards getting your children back.
Why work with Attorney Motschmann?
With over 8 years of experience as a child protection attorney, I specialize in representing both parents and children during the Order of Temporary Custody (OTC) process. I understand how emotionally challenging and overwhelming these situations can be and am dedicated to working tirelessly to achieve the best possible outcome for your family. For personalized guidance and effective representation during an OTC case in Connecticut, contact Cynthea Motschmann today. Our firm is committed to helping parents navigate and understand the complexities of DCF proceedings with compassion and expertise.
Frequently Asked Questions
