Criminal Charges Leading to DCF Investigations
Unfortunately, in a large percentage of abuse and neglect cases, the parents are facing DCF issues as a result of other criminal charges. For example, a parent charged with risk of injury because their child was present at a drug raid will also have to deal with a pending abuse and neglect case.
It is vital that a parent have quality representation in both cases. Attorney Ghidini has handled many criminal cases and the underlying abuse and neglect cases. Don't wait – contact our office today for a consultation »
Letter of the Law:
Connecticut General Statute §17a-105 deals with temporary custody of an abused child upon the arrest of a parent or guardian:
“Whenever any person is arrested and charged with an offense under section 53-20 or 53-21 or under part V, VI or VII of chapter 952, the victim of which offense was a minor residing with the defendant, any judge of the Superior Court may, if it appears that the child’s condition or circumstances surrounding the child’s case so require and that continuation in the home is contrary to the child’s welfare, issue an order to the Commissioner of Children and Families to assume immediate custody of such child and, if the circumstances so require, any other children residing with the defendant and to proceed thereon as in cases reported under section 17a-101g. Upon the issuance of such order, or not later than sixty days after the issuance of such order, the court shall make a determination whether the Department of Children and Families made reasonable efforts to keep the child with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the child's best interests, including the child's health and safety.”
This statute allows any superior court judge (not just a juvenile judge) to enter an Order of Temporary Custody over a minor child when the parent(s) are charged with a crime. For example, risk of injury is one of the charges that allows for any judge to issue an order of removal.
Our firm focuses extensively on DCF cases and juvenile matters, and while no honest lawyer can "guarantee success," we strive to get the best results possible for each and every client. Read some of our DCF Case success stories »