Appealing DCF Allegations: How to Change the Results of a 51B Investigation?
Parents or caretakers can start appealing DCF allegations after the Massachusetts Department of Children and Families (MA DCF) makes a decision about the allegations against you.
What Does it Mean When DCF Makes an “Unsupported” Finding?
After MA DCF investigates your family during the MA DCF 51B Investigation, they will issue one (1) of four possible findings:
- Unsupported
- Substantiated concern with an assessment
- Supported without an assessment
- Supported with an assessment
What Does it Mean When DCF Makes an “Unsupported” Finding?
The DCF definition of “unsupported” is:
“To find after an investigation a lack of reasonable cause to believe a report that a child has suffered abuse or neglect inflicted by a caretaker.”
If DCF finds that your case is unsupported, it means that your case is closed and DCF will no longer be in your life. They will choose to close the case because of the following reasons:
- They believe the allegations were false
- The child is not in danger of any future abuse
- The allegations are against someone who is not a caretaker.
CASE EXAMPLE
There was once a case where someone accused a mother of neglect after her son broke into a locked medicine cabinet and allegedly ate multiple children Claritin’s pills. The truth is that we do not know whether the child ate any Claritin. The mother kept the Claritin package in a child-proof safe in the top cabinet. The child would have to climb up on a stool and stand on the sink in order to reach the safe.
Later that day, the child went to stay with his grandmother, who reported he was acting abnormal and groggy. This was Easter Sunday, so he consumed a great deal of candy.
However, upon further investigation DCF found that the mother had called the pediatrician’s office for advice. The rest of the day, she did not notice any concerning behaviors that would warrant visiting the hospital or calling 911.
The child had also eaten lots of candy later that day, which may have been what caused the sugar crash at his grandmother’s house. Regardless, the mother had not neglected her son because she had the appropriate reaction to the situation and called the pediatrician.
What Does it Mean When DCF Makes a “Substantiated Concern” Finding?
DCF officially defines substantiated concern as:
“There is reasonable cause to believe that the child was neglected; and the actions or inactions by the parent(s)/caregiver(s) create the potential for abuse or neglect, but there is no immediate danger to the child’s safety or well-being.”
There was once a case where a reporter accused divorced parents of neglect and DCF reported a finding of substantiated concern. They believed that there was reasonable cause to believe the children were neglected by their parents. A history of MA DCF involvement proved that the parents of the children struggled to effectively co-parent and frequently argued.
However, there was no imminent danger to their safety or well-being. The DCF recommended further assessment and encouraged the family to seek therapy.
Appealing DCF Allegations: How to Reverse “Substantiated Concern” Outcomes?
Parents can ONLY appeal substantiated concern allegations through the Grievance Process. We encourage you to have a Massachusetts DCF law specialized attorney present.
In order to start the grievance process for appealing DCF allegations, you must write a letter to the MA DCF Area Office within 30 days of receiving the substantiated concern finding. Include the following information in the letter:
- Your name, home address, phone number, and email address
- Your attorney’s contact information
- A well-constructed argument why the court should reverse the decision
- What Does DCF Do with a Substantiated Concern Decision in Massachusetts?
Appealing DCF Allegations: How to Reverse “Supported without an Assessment” Outcomes?
This finding means that the DCF supports your allegations, and that DCF will place your name in the Massachusetts DCF’s Central Registry. The reason this outcome does not require an assessment is because the abuse is believed to have come from someone living outside of the home. The official DCF definition of “supported” means:
“There is reasonable cause to believe a child was abused and/or neglected, and actions/inactions of parent(s)/caregiver(s) place the child in danger or pose substantial risk to child’s safety or well-being.”
An example of an allegation associated with this outcome is institutional neglect, involving someone such as a teacher, coach, or bus driver. An example of this would be a recent case regarding a social worker accused of neglect at her job in a group home. One night, she guided a minor from a local hospital to the group home where she lived.
Several days later, another worker found stolen needles under the child’s bed. Massachusetts DCF supported allegations of neglect against this social worker for failing to find the stolen needles when checking the child’s bag as they were leaving the hospital. However, the social worker had checked the bags at the hospital before leaving. Both the social worker and a hospital security guard constantly watched the child.
DCF supported this claim, but did not require an assessment because the social worker did not live with the child. This still risked the social worker’s livelihood. It forced her to leave her job at the group home. However, there was ultimately not enough information to establish that the child stole the needles at the hospital and later, the DCF did not support the case.
Appealing DCF Allegations: How to Reverse “Supported with an Assessment” Outcomes?
This decision means the DCF supports the allegations against, and that the will add your name to the Massachusetts DCF Central Registry. This decision is final. During the assessment period, DCF will conduct home visits at their own convenience. They will also ask invasive questions during interviews with you, your children, and anyone else involved in your family that they want to talk to.
In a recent case, a couple was fighting in front of their children. The mother called the police. DCF claimed the children saw the father’s arrest, so they supported the allegations of neglect.
However, the father was in the front yard. The children were in the back room of the house. They could not see anything. When DCF talked to the children, they told the mother’s story and DCF believed their story instead of the facts.
DCF supported the case. The father was an occupant of the home, and DCF wanted more information about the family situation. They did this despite the fact that the father was not the caretaker of the children.
What Must You Do For Your Appeal?
The most important thing you can do for appealing DCF allegations is to make a plan. Emotions are high. You can be feeling confused, frustrated, or overwhelmed. However, you have to have a vision. Fear does not do you any good in this situation. DCF often creates sticky, difficult to navigate situations. With a plan, you can shape your own destiny.
Your most important goal should be to protect your kids and keep them out of foster care. Once you lay out your goals, you can hire a lawyer and make a plan to get DCF out of your life forever. Make sure that you give your social worker the right information so they can make the right decision. With a plan, you can protect your rights and the rights of your children.
Kevin Seaver has been a trusted Boston lawyer since 1991. 
DISCLAIMER
You find yourself in this situation, it’s 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.