Is DCF required to dismiss your dependency case if your criminal case is dismissed?
No, the Department of Children and Families (DCF) is not required to dismiss your dependency case just because the associated criminal case is dismissed. DCF operates independently from the criminal justice system. It has different goals, is subject to different laws with different legal requirements, and applies a different standard of proof.
While criminal cases require proof “beyond a reasonable doubt,” DCF investigations and judicial cases typically rely on the “preponderance of the evidence” standard, meaning they assess whether it is more likely than not that abuse, neglect, or other issues occurred. DCF can proceed with its investigation or case even if the criminal charges are dropped, if it believes there is sufficient evidence to support the allegations under the lower burden of proof to which they are held.
That is just one example of overlapping cases. A single fact pattern can result in a criminal case, a dependency case; an injunction, a temporary custody case, and/or the re-opening of a divorce or paternity case. Overlapping cases frequently occur when a fact pattern involves allegations of abuse, neglect, or domestic violence. For instance, if a parent is accused of physically harming a child, DCF may initiate a dependency case to ensure the child’s safety and determine whether the parent should retain custody. At the same time, law enforcement may investigate the incident, leading to criminal charges like child abuse or battery. Additionally, the other parent or guardian might seek an injunction for protection against domestic violence to prevent further harm to the child or themselves. The other parent may also re-open a divorce or paternity action to modify the long-term parenting plan that governs child custody and timesharing rights. These cases, though separate, stem from the same set of facts and may involve overlapping evidence and witnesses.
If you are involved in multiple, overlapping cases, consulting an experienced family law attorney would be beneficial to better understand your rights and options. DeVoe Law Firm has helped many clients in these situations with positive results. Give us a call today.
