OLR Report 2011-R-0332 explains which states give parents a bill of rights or similar explanation of appeal rights at the beginning of an abuse or neglect investigation. It also talks about (1) what appeal rights Connecticut parents have when the Department of Children and Families (DCF) removes a child from their home due to charges of parental abuse or neglect and (2) how these appellate procedures work.
Federal law requires state child protection agencies to have a process allowing appeals from a substantiated abuse or neglect complaint (1996 Child Abuse and Prevention Treatment Act of 1996, codified at 42 USC §§ 5101 et seq.).
Based on our Internet search, we found two states – Maryland and Tennessee – whose child protection agencies provide suspected abusers, including parents, written notice of their appeal rights at the beginning of their investigation.
Maryland's Department of Social Services distributes fliers to those involved in child protection services cases. The fliers describe agency findings that can be challenged through an administrative process followed by a court appeal. Tennessee's Department of Children's Services gives parents a comprehensive handbook when it opens a case. Among other things, the handbook sets out the agency's administrative review process and specifies what rulings can be appealed and how to file a court challenge.
Connecticut is among the states, including Maine and Maryland, that provide handouts when a case is opened using a “Frequently Asked Questions” format that generally informs recipients that they have appeal rights. Each agency determination that can be appealed contains a description of the procedure for doing so.
An accused parent in Connecticut has several appeal options that he or she can pursue before a DCF finding of abuse or neglect becomes final. First, he or she may request an internal agency review of the case. If dissatisfied with its outcome, he or she can request an administrative hearing, and, if the hearing officer does not rule in his or her favor ask the DCF commissioner to reconsider. Alternatively, the accused may go directly to Superior Court to challenge the hearing officer's decision.
Except in extraordinary circumstances, the agency's decision becomes final if the accused misses any filing deadline.
For more information, read the full report.
