MA DCF Investigation of Child Abuse: How to Manage & Keep Your Children

MA DCF Investigation of Child Abuse: How to Manage & Keep Your Children

Massachusetts DCF Attorney, Kevin Seaver explains below the most important first steps after the MA DCF investigation of child abuse against you.

What are the Most Important First Steps of a MA DCF Investigation of Child Abuse? 

The Massachusetts Department of Children and Families (MA DCF) calls to communicate that you’re involved in an investigation involving child abuse or neglect. You know the accusations are false, but you may be thinking “how can I prove that?”, or “how can I prevent DCF from taking my children away?” These are legitimate questions people ask all the time.

Circumstances and the evidence may change from case to case. You still want to have a step-by-step, guided plan. You want to get MA DCF out of your life without losing your children up your sleeve.

The key to minimizing DCF involvement in your and your child’s lives is understanding how DCF conducts its investigations. Understanding this important process will give you a heads up on how you can get MA DCF to close your case in the earliest stages of the DCF investigation. It will help resolve your problem without the DCF taking your children away.

The DCF agency has two missions: 1) protecting children from neglect and abuse, 2) keeping the family unit intact. Unfortunately, these missions can conflict with each other: protecting children, in DCF’s eyes, sometimes means breaking a family apart.

The first step in the MA DCF investigation process is called a 51A report. A 51A report starts when DCF receives a report of alleged abuse and/or neglect of a child living in Massachusetts. This article will talk about the steps of a 51A report:

• 1. The Intake Call
• 2. The Screening Process
• 3. Emergency vs. Non-Emergency Responses

How Does the Intake Call Work? 

Before the MA DCF investigation begins, there must be an “intake”. The intake is when a Department investigator accepts the call made by a reporter. They then take quick notes on the reported allegation of child abuse or child neglect.

The person reporting child neglect or abuse can be a mandated reporter (such as a teacher, doctor,  or a police officer). Child abuse or neglect can also be reported anonymously or by a common individual, also known as a non-mandated reporter (such as a neighbor).

Anyone can call DCF to report child abuse or child neglect if they have reasonable cause to believe a parent/caretaker is abusing or neglecting a child.  If a mandated reporter has cause to believe the child is suffering emotionally or physically, they must call DCF immediately.

Within 48 hours of their report, the mandated reporter must give DCF a written document. This document must describe the potential child abuse or child neglect.

What Are Reasons Why Mandated Reporters File a Report with DCF?

The following are reasons why a mandated reporter would report to DCF:

1. Someone abused a child such that they caused harm, or the abuse put the child’s health or welfare at harm. This includes sexual abuse.
2. Someone neglected a child, which includes if the reporter suspected malnourishment.
3. The child was physically dependent on addictive drugs at their birth.
4. Someone has sexually exploited the child or is currently doing so.
5. They suspect a child may be or is a victim of human trafficking.

Under Massachusetts law, the state requires mandated reporters and non-mandated reporters to disclose concerns about potential child abuse and/or neglect by caregivers. 

Understanding the type of person who can report you to MA DCF will help prepare you. For instance, it is probably not a great idea to verbally berate your child for not cleaning their room after you asked them hundreds of times in front of their teacher. The teacher may call DCF to say you are neglecting your child’s emotional needs. 

What Happens During an Intake Call?

If DCF suspects abuse or neglect, the Department must investigate the allegations.

During the intake call, DCF must determine if the allegation fits the way DCF defines abuse and neglect. 110 CMR 4.20 states that sometimes reports clearly do not fall within the Department’s definition of abuse or neglect of children). 110 CMR 4.20 provides examples of situations that do not constitute abuse or neglect. These are reports of:

• Abuse of young adults (over 18 years of age)
• Elder abuse
• A parent will not let their child date
• A teenager is denied money for the high school prom
• A certain department store mail- order catalogue contains pornographic pictures of children. 

DCF will file a 51A Report only if the allegations meet DCF’s criteria for abuse or neglect. Incidents of bullying at school, for example, would not meet DCF’s criteria of abuse or neglect, because it does not mean a parent or caretaker abused or neglected the child.

What Takes Place During the Screening Process? 

The next step in a MA DCF investigation of child abuse is the screening process. In this process, DCF will determine whether the report should be “screened in” or “screened out”. A decision to “screen in” or “screen out” a report happens immediately after DCF gets the report. 

Screening lets DCF analyze whether or not the alleged neglect or abuse is consistent with its definitions. It also helps determine if the abuse or neglect was due to a caretaker’s actions.

The DCF screening process follows guidelines set forth by 110 CMR 4.21. The MA DCF conducts the screening process to determine if the report made involved child abuse and/or neglect the way DCF defines them.

If someone screens out a report, the case goes no further. No one investigates, and the state does not consider the allegations against the family in question. However, if it is screened in, there will be an investigation into the situation, known as the “51B Investigation”. In emergency cases, DCF may remove children from the home.

The individual reports if they suspect child abuse or neglect by someone responsible for the child’s wellbeing. According to 110 CMR 4.21, a small girl who was raped by a stranger in a vacant lot, is definitely an incident of “child abuse”, but DCF would not handle the case because the rape was not committed by the parent or caretaker. This would be a criminal case only.

 Kevin Seaver is a trusted Massachusetts DCF Lawyer Specialized in DCF since 1991.

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.