This blog is about the difference in DCF Appeals to the Superior Court versus initial Appeals through an Administrative Hearing.
I have blogged before about how to appeal a DCF Central Registry finding. But I cannot emphasize enough how important it is to get it right the first time.
DCF Administrative Hearing Appeals
Once DCF Substantiates abuse or neglect they will send a form letter to the “offending” parent advising them of their right to appeal. The appeal is an Administrative Hearing where the parent or guardian has their chance to testify, present witnesses on their own behalf and offer documents in their defense.
When prepared properly, many appeals at this stage are successful resulting in a reversal of prior DCF finding(s).
And even if the Hearing Officer upholds DCF’s original finding(s), the parent will be advised that they have a right to file a further appeal with the Superior Court.
But getting the Superior Court to reverse the decision of the Hearing Officer is often difficult.
DCF Appeals to the Superior Court
Here’s why:
At the Administrative Hearing, the burden is on DCF to prove that it is more likely than not that abuse or neglect occurred. Not so when a parent appeals an adverse finding to the Superior Court.
The scope of review by the Superior Court for DCF Central Registry appeals is limited and very restricted.
The Superior Court does not retry the case or substitute its own judgment for that of the DCF Hearing Officer. In other words, not a “do over.”
In fact, the Court must defer to the Hearing Officer’s assessment of the evidence and the credibility of witnesses. If there is support in the record for the decision, it will usually stand.
Unfortunately, it doesn’t matter whether or not the Court would have decided the Administrative Appeal differently.
Consultation and Representation
I represent clients in Family Court and all related matters through out Fairfield and New Haven Counties including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding a Connecticut DCF Appeal.