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WHEN DCF
TALKS TO YOUR KID SECRETLY I am often asked, “DCF spoke to my kid without telling me. They grabbed him or her at school and grilled them. Can they do that?”
It’s a tricky question. If the kid is accused of a crime, then the police cannot talk to the kid without a parent or guardian being present. If there is no suitable parent or guardian, then the Court will appoint a Guardian Ad Litem to take the place of the parent.
But what if the parents themselves are suspected of abuse or neglect, and DCF is investigating?
There is a Connecticut statute covering this, C.G.S. Sec. 17a-101h.
The statute says that DCF cannot speak to the kid without getting the consent of the parent or guardian. But there is a catch: DCF does not need this consent if DCF “has reason to believe” that the parent or guardian is the “perpetrator of the alleged abuse.”
DCF skirts the issue by always claiming that it has reason to believe that the parent caused the abuse. It never explains the difference between “reason to believe” and “probable cause” or even “articulable suspicion”. In other words, if there’s a referral leading to an investigation, that’s all DCF needs. The statutory caveat is meaningless. DCF, in other words, always has “reason to believe.”
But there’s more. The statute allows this non-consensual talk only for suspected “abuse.” But DCF skirts that issue also, claiming that even the mildest suspicion of neglect is automatically suspicion of abuse.
In other words, DCF blatantly ignores the intent of the statute.
And there’s still more. Even if the non-consensual interview of the child is allowed, DCF is required to conduct the interview “in the presence of a disinterested adult”, unless there is imminent risk of harm to the child, and the disinterested adult is not available “after reasonable search.”
In practice, however, DCF grabs the kid at school, and has a school teacher or counselor or Principal present. School personnel, however, are thoroughly intimidated by DCF, and are fearful of being charged with neglect themselves if they don’t cooperate. The idea of a “disinterested adult” is a total myth.
This situation, of course, helps to explain why DCF so vehemently opposes home schooling. See Home Schooling.
Thus, the answer to the question “Can DCF talk to my kid without my consent?” is “No, except in certain restricted situations; but they do it anyway, and they get away with it.”
Our office is working with our lobbyist to try to get the law strengthened to say what it really means, and to provide penalties to DCF for violating the law. It’s a long haul, but some day it may happen.
In the meantime, the best advice is:
Just as you tell your kids not to talk to strangers, you should also tell them that people who ask them questions about their family are also strangers. If someone wants to talk about private topics to you, tell them that you want your parents present.
DCF is of course wise to this, and uses every trick in the book to frighten the kids. I have had many complaints of DCF investigators telling kids that they were lying, and had better tell the truth.
Until and unless the law changes, with teeth put into it, this sad situation is
likely to continue. |
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©2008 The Law Offices of Michael
H. Agranoff
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