Appealing MA DCF: What to do When They Support or Substantiate Allegations?
Here is what you can do when the Massachusetts Department of Children and Families (MA DCF) supports your neglect and abuse allegations is tell your case supervisor first. You must appeal within thirty (30) days of receiving notice of the supported allegations to be eligible for a “Fair Hearing”. DCF staff, such as case workers, make decisions concerning services. These can be placements of children and visitation for parents if a child is in foster care. The Department does this through administrative proceedings or judicial review.
When you disagree with a supported decision made by DCF, let your social worker know first. Then write a letter stating what you disagree with and the facts that support your position. Send the letter to the worker and supervisor, the Department’s office, and ask to have it added to your file. Check your parents’ pamphlet about this. You will have to describe the choice or conduct and therefore the reason you’re complaining, the date it happened, and add other information that supports your complaint. For detailed information or help in completing a grievance, you should hire an experienced lawyer who specializes in DCF.
Clients can appeal actions or inactions taken by DCF or providers under contract with DCF which clients disagree with. There are two avenues for appealing MA DCF decisions: fair hearings and grievances. The Fair Hearing and Grievance processes are both informal ways for appealing MA DCF cases. In legal terms, these are “alternative dispute resolution processes”. You must submit a request for a Fair Hearing or Grievance within 30 days after you receive the notice of the DCF decision.
What is the Fair Hearing Process?
If you believe DCF didn’t follow its rules in deciding that a report of abuse and/or neglect was “Supported” after an Investigation, you can request a “Fair Hearing”. Parents and caretakers go through appealing MA DCF with a fair hearing when DCF has wrongfully accused them of child abuse or neglect. They can also request a Fair Hearing when DCF’s actions or inactions were unjust towards a client. You can request a grievance for all other issues between a client and DCF which a fair hearing cannot resolve. For example, a client requests a grievance when DCF failed to connect a client with reasonable and/or effective services.
What is the Grievance Process?
The DCF Grievance Process is lets parents or caretakers appeal substantiated concern decisions that DCF makes after a 51B investigation. The Grievance Process is also a chance to complain about a DCF social worker’s behavior or actions. Who is unsatisfied with certain actions or inactions by the Department or a provider under contract with the Department to present his or her position in an off-the-cuff hearing and to receive a just and fair decision from an impartial hearing examiner supported the facts and applicable policies, regulations, statutes and/or case law. This Process designs a way to give an informal dispute resolution for clients.
Are There Other Methods of Appealing MA DCF Decisions?
Not really. The Grievance or Fair Hearing is pretty much the first stages of the DCF appeals process. When parents/caretakers do not get what they want from a Grievance or Fair Hearing however, they can do another appeal through administrative or judicial review. Under those processes, forces higher than DCF make a decision about the issue. But your lawyer must consider if it is appropriate to seek judicial review of DCF decision of an abuse of discretion motion.
The following are reasons for having an administrative or judicial review:
- DCF removed the child from a foster or pre adoptive home
- The Department failed to provide services
- DCF did not do a home study of a relative to place the child with family
Formal decisions cannot go under review by the Juvenile Court or the Probate and Family Court. They can only be appealed administratively. So the following can only be appealed through an administrative review:
- DCF supported allegations
- The Department putting your name on the registry of alleged perpetrators
The client could benefit from counsel simultaneously filing requests for both administrative and judicial review of a DCF decision. Moreover, counsel should consider doing so to obtain the most expeditious relief possible for the client.
Kevin Seaver is a trusted Massachusetts DCF lawyer specialized in DCF law 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.
