DCF is mandated by the Massachusetts Legislature to protect children.
However, there are some instances when this does not happen. DCF has made mistakes, but don’t we all? It’s crucial for individuals undergoing such scrutiny to understand what are my rights during a DCF investigation to navigate this challenging process effectively.
A DCF social worker made headlines in West Bridgewater, Mass when the wrong child was picked up from daycare. The DCF social worker claimed that the mistake was a result of the child having the same name as another child. The mistake was identified when the family came to pick up their child and discovered DCF had wrongfully taken their child.
The mother of the child was “in disbelief that this situation ever happened and found it unacceptable.” The mother spoke to Boston 25 News, stating, “How does this even happen? I lost my mind. I was like ‘Where is my child? Like, are you kidding me?’” DCF declined to answer any questions over the incident.
DCF put out a statement stating, “While we’re thankful that the child was safe, and in the care of someone who is certified to care for a child, we take this situation seriously.” It must be remembered that DCF workers are human beings who make mistakes, just like anyone else. However, this situation should not have happened. The social worker, like all of us, certainly has imperfections.
DCF social workers are certified by the government to care for children in situations of “abuse or neglect.” It should be remembered that while DCF social workers are certified, it does not make them immune to mistakes.
If we reverse the roles and a parent or caretaker had made a mistake, what would have happened? DCF would have conducted an investigation that may have resulted in supported “neglect” allegations over an honest mistake just like this DCF social worker. Using the basketball euphemism, “no harm, no foul,” certainly no foul happened in this situation. This defies common sense and logic, DCF routinely supports neglect even when there has been no harm and no foul against the child.
DCF has to look and approach these cases differently when an honest mistake is made. Understanding what are my rights during a DCF investigation is crucial for anyone involved in such cases. It’s important to be aware of the DCF investigation process, as it provides insight into how these situations are handled and what steps might be next for the families and individuals involved.
The parent or caretaker would have to file for a fair hearing within the 30 allocated days upon receiving the supported letter from DCF. The parent or caretaker would have to go through a fair hearing to get a reversal on the allegation. DCF needs to take a more commonsense approach. Unfortunately, common sense is very uncommon.
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 Consultation online!
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.
Maybe there is shared responsibility on the daycare. That staff released the wrong child. Often times DCF worker has not previously had any contact with this particular child when an emergency situation of abuse or neglect occurs.