How Do Anonymous False Reports of MA DCF Child Abuse and MA DCF Child Neglect Severely Harm Families?
The Massachusetts Department of Children and Families (MA DCF) can accuse parents of child abuse or child neglect even when the report was made anonymously. Massachusetts law requires that DCF investigate every legitimate report they receive. A legitimate report is one that meets DCF’s criteria for abuse or neglect.
A legitimate report must also involve the actions of a parent or caretaker. Even when these reports are completely bogus and false, DCF must investigate the case. False reports to DCF are so harmful for families because they have the same consequences of real reports. If DCF believes the report is true even when it is actually false, they will still penalize the reported family.
Who Can Make a Report to DCF?
Anyone can make a report to DCF. Concerned family members, friends, or neighbors can call in a report if they suspect an incident of child abuse or neglect. These people would be considered non-mandated reporters. Mandated reporters (sometimes called “mandatory reporters”), such as teachers, doctors, and police officers are required by law to file a 51A report if they suspect abuse or neglect has taken place.
But DCF allowing everyone to report leads to false or unnecessary reports. Sometimes, it is an ex-spouse who wants to spite or get revenge on a parent. Other times, mandated reporters feel the need to file a report because they think if they don’t, they will lose their job.
What is MA DCF Child Abuse?
DCF defines child abuse as the following the non-accidental commission of any act by a caretaker upon a child under age 18 which causes, or creates a substantial risk of physical or emotional injury, or constitutes a sexual offense under the laws of the Commonwealth or any sexual contact between a caretaker and a child under the care of that individual. Abuse is not dependent upon location (i.e., abuse can occur while the child is in an out-of-home or in-home setting).” [110 CMR 2.00]
This means that child abuse occurs when a caretaker intentionally threatens or causes physical or emotional harm to a child. This includes sexual offenses or sexual contact with a child. This does not include accidents where the child got injured. If you mistakenly trip over a child or drop something on a child, DCF does not count that as child abuse.
What is MA DCF Child Neglect?
DCF defines child neglect as the following:
“[The] failure by a caretaker, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care; provided, however, that such inability is not due solely to inadequate economic resources or solely to the existence of a handicapping condition. This definition is not dependent upon location {i.e., neglect can occur while the child is in an out-of-home or in-home setting.)” [110 CMR 2.00]
This means that child neglect is a caretaker’s failure, regardless of intent, to provide their child with proper essential care. This includes necessities like food, shelter, and clothing. It also includes medical care, supervision and helping children grow and stay emotionally stable. There are exceptions, however. When a caretaker is unable to provide their child with these essential needs due to poverty or potentially a handicapping condition, then their situation would not be considered child neglect.
What Happens After a False Report of MA DCF Child Abuse / MA DCF Child Neglect is Filed?
A false report of child abuse or neglect is when a person files a 51A report without substantial evidence or reason to believe an incident of abuse may have occurred. This can happen due to many reasons.
Some people will intentionally file a false report against a parent because of another underlying personal issue. Perhaps an ex spouse files a false report against the other parent out of anger or making quick assumptions.
It is also common for people to mistakenly make a false report, simply because they did not have enough information. Some mandated reporters immediately assume the worst and ask the child leading questions which taints the truth of their situation.
Children are easily influenced, and it is vital that mandated reporters and social workers understand this when questioning them. In Massachusetts, anybody can file a 51A report anonymously, which unfortunately adds to the problem of falsely reporting abuse.
What Are the Consequences of False Reports?
Submitting a false report can have devastating consequences. For the reporter, making a false accusation can be punished by a fine of up to $2,000 for a first offense according to Mass. Gen. Laws ch. 119, § 51A (2020). For the parents accused, they risk losing custody of their children forever.
The family may face criminal charges or significant legal fees. Some parents or caretakers may even lose their job. Despite DCF’s screening process to try to prevent this from happening, it is still possible, which is why false reporting should not be taken lightly.
What Should Falsely Accused Parents Do?
As soon as you find out DCF is investigating you, you should seek representation.
You have the right to an attorney at any stage of your DCF case. You should have an attorney present with you when DCF questions you about the alleged incident(s) and inspects your home. Unfortunately, you as a parent cannot be present when DCF interviews your child or children.
An attorney, however, can be present for that interview. Having your attorney present with your family can keep DCF social workers in check. Your attorney will make sure your social worker is asking fair questions, and is not misrepresenting any information to you.
When Does DCF Decide to Investigate a Case?
DCF begins the screening process immediately after it receives a report to determine whether the allegations in the report meet DCF’s criteria of child abuse or child neglect. DCF will not investigate a “screened out” report. There are a few reasons why a 51A report might be screened out. DCF will screen out a report when it states a child has been abused by someone who is not their parent or caretaker.
DCF must the case will be to law enforcement. If the report contains extremely outdated information, DCF should screen out the report. In those situations, the child is probably not still experiencing abuse and is probably not in immediate danger. The most common reason for DCF to screen out a report is a lack of evidence for DCF to believe the allegations may be true.
If the report is approved for further investigation, it is “screened-in” and DCF begins conducting a thorough investigation. This happens even when the report is false. It is extremely important for parents to cooperate with the investigation, while knowing their rights. Do not let DCF take your children away due to a false report. Hire a lawyer experienced with DCF matters to protect you and your family.
Kevin Seaver is a trusted Massachusetts DCF Lawyer Specialized in DCF 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.
Like I said before the Social Worker that lied t steal my kids, but us through hell. I kept telling everyone he is lying still. I recorded him in video tell me my visit was Tuesday at 2pm. When I showed up for the visit the social worker said I missed my visit, it was for 10am, and told me how sad my girls were. They wanted to see mommy. I reminded him he told me the visit was at 2pm. He called me a liar he said he was positive he said “the visits at 10am outside”. And I must have been high when he told me the time. I then demanded to have his boss come see me now. When all 3 of us were in the room right away he started tell his boss that I’m mad because I forgot what time my visit was and missed it And now am trying to blame him saying he lied about the time and he never lies. And of course right away she had his back and she know he would never lie, that now they are going to have to review and determine whether I can set up a new visit because there are now concern for my sobriety. I stood up looked at my social worker and said,” are you sure that’s what happened? I’m the one who is lying?” Yes. I pulled out my phone and it plays. We all watched the video. They just sat there like WTF, then the boss lady said ” how dare you record,you can’t do that, you are not allowed to ever record any of my co-workers. And no matter what was recorded it will never be allowed to be used in court because it is illegal”. I stood up laughed and walked out.. The social worker was eventually removed from my case, but all of his lies stayed, the damage he caused will be with me until I die.
If I’m not mistaken, you are not supposed to record any interaction unless it happens in your home, is a conversation that you are directly involved in and that they are made aware (even in a one party state). But, if the interaction is in your home and all the other conditions are met, if you happen to have say an alarm system with a motion/sound activated camera… I’m pretty sure they can’t say much. But isn’t there something about allowing the judge to review a recording even if it is not admissible in court?
Also, if THEY record the parent, can’t the parent do the same? Example: do they have to ask to record you? If so what happens if you say sure! No problem. Then pull out your phone and say, just to make sure we’re all on the same page…? If not that definitely needs changing I stand to loose more than any worker from child services
I have had 15 51as called in on me over the course of 10 years by my oldest daughters biological family members. Most recently agaun in April 2022. In the midst of all this In 2021, my daughter disclosed past abuse over several years as a child when she was in guardianship of paternal grandfather. DCF supported SA case but grandparents never pressed charges. I was lied on in probsate court by DCF and regarding DCF for many years. Paternal aunt also works for DCF