What Is Your Best Way to Overcome a MA DCF Fair Hearing for Supported Allegations?

The Massachusetts Department of Children and Families (MA DCF) offers the DCF Fair Hearing to parents as a chance to appeal unfair decisions DCF makes. The DCF Fair Hearing is the perfect opportunity to reverse supported allegations. If DCF has falsely or wrongfully “supported” child abuse allegations against you, you are not alone.

DCF has a very low threshold for what they consider a suspicion of child abuse–it takes very little for them to support allegations. Also, DCF does not always do a “thorough investigation” which means a lot of what they should have done during the DCF investigation was just not done. That is not fair to you or your children at all. To properly correct this unfairness, parents should hire an experienced DCF lawyer who can help them successfully fight against DCF. 

What Should Parents Remember When Dealing With DCF?

When dealing with DCF, there are three key factors to remember:

1. DCF errs on the side of caution. DCF is only publicly criticized when they have not taken action or made some kind of report. As a result, DCF is under a great deal of pressure to take action against you rather than simply leave your family alone and assume you are properly caring for your child.
2. You can lose custody of your child at any stage of your DCF case.
3. DCF is considered a “child welfare expert” which means courts approve of DCF’s judgement. Even though many DCF workers do not have the proper licenses to deal with children, they make their own judgement calls, anyway.

It is also important to remember not to “overshare” information with a DCF social worker. Unfortunately, a lot of DCF employees who are in charge of making the decisions about you and your children have very little experience in child-rearing. Many of them less experience with children than a babysitter has. A DCF social worker’s lack of experience can make them not very sympathetic to your needs and situation.

What Happens After DCF Supports Allegations?

When DCF supported the allegations but they think the family’s issues need DCF’s help, DCF will start a DCF assessment where they connect the family to services or programs. You can refuse DCF’s instructions and suggestions, but that may work against you. DCF may think you are not cooperating with them, and that you are hiding something serious. Then they will remove your children from your custody.

What are the Consequences of Supported Allegations?

When DCF “supports” abuse or neglect allegations against you, it does not affect your criminal record, also known as your CORI, unless the allegations are sexual abuse or serious physical abuse. Your name goes on a specific list, called the DCF Central Registry. All the other child protective services agencies across the country have access to the MA DCF Central Registry. Why does that list matter? Well, it matters because you would not be able to work with children in the future.

For example, if you want to chaperone a school field trip, the school can check if your name is on the DCF Central Registry. You will not be able to chaperone those events if your name is on that list. Also, think again if you would like to play an official role and get involved in your child’s interest of wanting to join boy or girl scouts. You probably would not be able to be a foster parent either. The DCF Fair Hearing is the only way to reverse a supported allegation.

How Can Parents Fully Understand the DCF Fair Hearing Process?

There are two (2) ways parents can understand the DCF Fair Hearing process. The first way is to read up about everything about DCF’s rules and regulations about fair hearings. Parents can find this information through 110 CMR 10.00. he second way parents can fully understand the DCF Fair Hearing process is by hiring an experienced lawyer specialized in DCF law. A good DCF lawyer can tell you things about the Fair Hearing that DCF does not want you to know.

What Should Parents Know About the DCF Fair Hearing Process?

Parents must know about the time frames regarding the DCF Fair Hearing Process. You have only thirty (30) days, including weekends and holidays, from the date of your supported decision to request for a Fair Hearing. This does not mean thirty (30) days after you receive the letter explaining the decision. When parents do not request for a Fair Hearing on time, they can never reverse the supported allegation.

Parents should also know what happens at a DCF Fair Hearing before they decide to request for one.During a Fair Hearing, a DCF hearing officer takes on the role of a judge. DCF will first present their reasoning for supporting the allegations against you. Then, you will get a chance to tell your story present any of your own evidence. 

Unfortunately, the odds are not always in your favor, but that should not make you and your family lose hope. The court will not give you a free lawyer to help you fight DCF during the Fair Hearing. You will have to hire your own, private attorney. Since the consequences of losing your children to foster care are so serious, you should hire an attorney to be safe.

Your DCF attorney will help you prepare for the Fair Hearing.  If you lose your Fair Hearing, you have to file the appeal to the Massachusetts Superior Court. This appeal process is very expensive, and you will only be allowed to present the evidence that was presented at the Fair Hearing. 

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.