The DCF Fair Hearing Office is offering three (3) options. To have a hearing with all parties taking part over the phone on the assigned Fair Hearing date. A paper review by the Fair Hearing Officer, with no actual hearing, will assess documents from the Department and Appellant.parents guide for fair hearings
To have the hearing rescheduled. I am strongly advising all my clients that they should opt for option number three, also known as “continuance.” In doing so, you must always exercise your full legal rights. It’s crucial to consider that options number one and two do NOT allow you to do so. The ability to cross-examine the DCF Investigator who supported the allegation is of paramount importance in ensuring a fair defense. Option one significantly impedes that ability, while option two entirely removes it from the equation.
Moreover, the ability to have a direct examination of individuals who can shed positive light on issues of abuse and/or neglect is also of paramount importance. Once again, option one significantly impedes that ability, while option two completely eliminates it as an option. Therefore, it is highly advisable to choose option three to safeguard your legal rights and the strength of your defense. In-person Fair Hearings with DCF officials and witnesses are vital for effective interaction and representation. Selecting option one or two waives your Constitutional “due process” rights for an in-person hearing.
The allegations levied against my clients should be taken seriously. Engaging in a Fair Hearing by phone or by paper documents is very admirable of the Department to offer such relief. This process is an essential part of the DCF appeal process, ensuring that individuals have a chance to contest decisions made by the Department of Children and Families (DCF). You should exercise your right to a full hearing with all available resources. Anything short of this is NOT a hearing that is โFairโ.
Kevin Seaver is an experienced, trusted lawyer who successfully represents clients against DCF from Boston, Massachusetts. Call Kevin at (617) 263-2633 or request a Consultationย online!
DISCLAIMER
You find yourself in this situation, itโs advisable to seek legal representation from a qualified attorney, like those at the Law Office of Kevin Seaver, who can advocate for your rights and guide you through the complex process of a DCF investigation.
Remember that the ultimate goal of DCF is to ensure the safety and well-being of children while supporting families in crisis.
Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers.
Readers should not rely on this information as legal advice and should seek specific counsel from the attorney based on personal circumstances. Thank you.
Kevin Patrick Seaver is a Massachusetts DCF Defense Lawyer who represents parents against false child abuse allegations.
Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.