Child Welfare: If DCF is Investigating You or Has Taken Your Child

Please note: Vermont Legal Aid and Legal Services Vermont do not represent people in child welfare cases.

The following information is for people who are facing the loss of all or certain rights to control their child’s life. At the end, we list more resources that can help.

A look at child welfare laws in Vermont

In most cases, within 72 hours of receiving a report of child abuse or neglect, the Vermont Department for Children and Families (DCF) must begin either an assessment or an investigation. DCF must conduct an investigation when the child may be in serious danger. The law calls this “substantial child endangerment.” Otherwise, DCF must conduct an assessment when there is a claim of less serious child abuse or neglect. (You can read about this in the following state law: 33 V.S.A. § 4915.)

Assessment

An “assessment” is a response to a valid report of child abuse or neglect where the child does not appear to be in serious danger. DCF will look at the strengths and unmet needs for support for the child and the family. DCF will identify any services the child and/or the family may need to improve their well-being and reduce the risk of harm to the child. In an assessment, DCF does not decide whether the reported abuse or neglect actually occurred. (See 33 V.S.A. § 4912(2).)

When conducting an assessment, DCF will interview parents, guardians or other adults living in the home. They may interview the child with the permission of the child’s parent or guardian. Together with the family, DCF will identify family strengths, resources and needs, and will develop a plan of services. (See 33 V.S.A. § 4915(a).)

Families have the right to decline services offered as a result of an assessment. If the family declines services, the case will be closed except in two situations: (1) DCF thinks that the state has a reason to begin an investigation, or (2) DCF wants the State’s Attorney to file a petition to get temporary custody of the child. Assessments cannot become investigations just because the family declines services. (See 33 V.S.A. § 4915(a).)

DCF can begin an investigation, or convert the assessment into an investigation, at any time that they think it’s appropriate.

Investigation

An “investigation” is a response to a report of child abuse or neglect where the child appears to be in serious danger. It begins with gathering information to determine whether the abuse or neglect has actually occurred. An investigation will include a formal decision as to whether the reported abuse or neglect has occurred. (See 33 V.S.A. § 4912(7).)

DCF will visit the child’s home and interview the child. The interview with the child may take place without approval or permission of the child’s parent or guardian. DCF’s investigation will include a determination of the nature, extent and cause of any abuse or neglect. It will identify any person DCF believes is responsible for the abuse or neglect.

DCF will also look for any other children who may be at risk, whether or not those children live in the same home. These children may also be interviewed. DCF will also decide if there is immediate and long-term risk to each child if they remain in the home.

During an investigation, DCF may take photos of a child if they can see where a child has been hurt. Or DCF may work with a doctor. If the doctor feels it is appropriate, DCF may ask for a radiological exam (such as an x-ray) without the permission of a parent or guardian. (See 33 V.S.A. § 4915(b).)

When the investigation is done, the report of abuse or neglect will either be “substantiated” (determined to be true) or “unsubstantiated.” Either way, DCF will provide help to the child and family.

If the case did involve abuse or neglect, DCF may ask the State’s Attorney to request an Emergency Care Order (see last section below). Services may be provided to the family whether or not the child remains in the home.
If the case did not involve abuse or neglect, DCF may provide help to the child and the family. If there is neglect that is due only to the family’s lack of money, DCF may not formally rule that there is neglect. Instead they may work with the family to address their financial problems. (See 33 V.S.A. § 4915(b).)

What do I do if DCF is conducting an investigation or assessment?

Ask questions to fully understand why DCF is involved, such as:

What are DCF’s concerns?
Why does DCF have these concerns?
Is there something that DCF thinks parent(s) are doing to put the child at risk?
Is there something DCF thinks parent(s) are NOT doing which puts the child at risk?
Is there something parent(s) could do to ease DCF’s concerns?

Keep a journal or notes to record answers to your questions. Write notes about what was said, who said it, and when they said it. List the contact information for all DCF workers and other people (such as counselors or health care providers) involved in your case. Keep a folder to collect all paperwork received from DCF in one place, so you can find it later.
Try to stay calm even if you are scared or angry — even if you disagree with what is being said. DCF will likely not listen to a parent who is threatening, shouting or acting out of control.
If DCF is investigating because of problems you know about in your family (for example, substance abuse or domestic violence), look for help to try to address those problems.

For help with substance abuse, see the State of Vermont Substance Abuse Treatment & Recovery Directory.
For help with domestic violence issues, visit the Vermont Network Against Sexual and Domestic Violence website.
Your local school or health care provider should have information about local resources for help with other parenting issues which you could access without giving your name. Check for pamphlets in reception areas or information online.
Check the Vermont Department for Children and Families (DCF) website for more resources and services.

Other resources

Contact the Vermont Parent Representation Center for more information about kinship guardianship and possible ways to avoid more serious DCF intervention.
If you want to speak with a lawyer, contact the Vermont Lawyer Referral Service at 1-800-639-7036 or you can ask a referral online.
Information for parents, published by DCF.

When can DCF take custody of a child?

According to Vermont law, a child may be taken into custody:

when a family court issues an order
by a law enforcement officer if the officer thinks the child is in immediate danger from his or her surroundings, and that removal from the home is necessary to protect the child
by a law enforcement officer when the officer thinks that the child has run away from the parent or guardian (See 33 V.S.A. §5301.)

When a law enforcement officer determines that a child should be removed from the home, the officer must bring the child to DCF. The officer or a DCF social worker will prepare an affidavit — a written statement that can be used as evidence — for the State’s Attorney. The State’s Attorney will then immediately file a request for an Emergency Care Order with the court. (See 33 V.S.A. § 5302.)

If the court agrees that staying in the home is not safe for the child, the court can issue an Emergency Care Order to give temporary custody to DCF. This may be done on an “ex parte” basis. This means that parents may not be notified of the request for an Emergency Care Order. (See 33 V.S.A. § 5305.)

Once the court issues an Emergency Care Order, a temporary care hearing must be held within 72 hours. Parents must be notified of the temporary care hearing. Parents have a right to be at the hearing and to have a lawyer, if they ask for one.

Contact the family court in your county, or see the Vermont Judiciary website for information about the court hearing and how to apply for a lawyer.