How Can a MA DCF Lawyer Help You Be Successful During the DCF Process?
A MA DCF lawyer is useful when parents need help understanding the Massachusetts Department of Children & Families (MA DCF) investigation process. An experienced DCF attorney can explain exactly what DCF is supposed to do and what rules they have to follow. To maximize your chances of success, you need to minimize your chances of failure.The key to getting through your DCF investigation without losing your kids.
To do so, you must have a plan to successfully win your DCF case. An experienced lawyer who specializes in DCF law and knows the ins and outs of DCF’s process can get the right result for you and your children. They will also make it easy for you to become familiar with DCF’s investigation process. You should know how to handle it when DCF violates your rights and takes your children away.
How Does a MA DCF Lawyer Help When DCF is Involved?
A MA DCF lawyer can remove the barriers between you and DCF. Working with the Department may become overwhelming, as completing tasks with no promise of reunification can make you feel like you’re paddling hard to nowhere. This is not a winning strategy if you want to get your children back. It is important for you to empower yourself with all the resources available to you in order, including support systems.
One crucial support is a MA DCF lawyer who understands the administrative structure of the Department and can navigate difficult issues for you so you do not slip up. A DCF lawyer can protect your rights during your investigation and ensure DCF does not overstep their boundaries in their fact finding. Choosing the right lawyer to represent you in your DCF matter is not an easy task; there are many practical and financial circumstances to consider.
What Will a MA DCF Lawyer Tell Me About the DCF Investigation Process?
A MA DCF lawyer will tell you the ins and outs of the DCF investigation process. A good DCF lawyer will explain how DCF becomes involved, clarify any legal terms and DCF definitions, and what DCF is looking to accomplish during their investigation against you.
DCF only investigates allegations of child abuse and child neglect. The Department does not investigate allegations regarding anyone over the age of 18. Also, DCF will only investigate reports when the child abuse or neglect was by the child’s parents or caretakers.A DCF lawyer will also explain which allegations are more serious than others.
This entire intake process is so crucial because as soon as DCF picks up the phone or opens the email, their investigation of the allegations of child abuse and child neglect is officially open. DCF can file allegations of abuse include physical abuse, emotional abuse, and sexual abuse.
The department may also file allegations of Neglect based off of educational neglect, medical neglect, or physical neglect depending on the situation. Sexual abuse allegations may lead to a DA referral, and DCF may take additional actions beyond its traditional process in some cases. (Passive voice: 0%)
Who is Considered a “Caretaker”?
A caretaker, someone trusted with a degree of responsibility for the child, is also referred to as a ‘caregiver.'” (0% passive voice. That means aunts, uncles, grandparents and even non-blood relatives can be subject to investigation by the Department of Children and Families.
Does DCF Always Investigate 51A Reports?
As a subject of investigation, you have many opportunities early in the investigation process to discredit DCF and disprove their allegations of child abuse or child neglect. DCF can “screen out” the allegations of neglect or abuse, or can enter an “unsupported” finding of neglect or abuse upon completion of their investigation.Screening out an allegation of child abuse simply means that the social worker could not support a valid basis of an allegation of child abuse or child neglect after reviewing the details of the filing from a mandated reporter. This rarely ever happens in MA DCF cases. Parents and caregivers should expect a DCF investigation after a 51A report was filed against them.
What if DCF’s Child Abuse or Neglect Allegations are Clearly False?
This means that the best chance for a parent or caregiver to beat an allegation of child abuse or child neglect is by having the case investigator “unsupport” these allegations at the conclusion of their investigation. To do so, one must work hard to provide substantial evidence that disproves the information DCF is using to paint you as a neglectful adult or abuser of children.
The MA DCF investigation of an allegation of child abuse or child neglect against a parent or caregiver can be characterized by these events, occurring in order of these stages. What you must understand as a parent or caregiver is that if you are able to familiarize yourself with each aspect of DCF’s process, you will be better prepared to handle DCF.
The investigation is typically completed within two weeks. The investigator meets with the area supervisor to discuss findings and possible outcomes for family safety.
“Please understand that during these two weeks, DCF will collect all the information needed to determine whether they will separate your children from you or not.
What Happens When a DCF Report Screened In?
When DCF screens in a report, the intake worker collects information from the reporter. That includes the reporter’s personal information as well as information about the incident. The intake worker will ask the reporter about ‘collaterals’ (110 CMR 4.22) including family members, relatives and friends (110 CMR 4.24A) who may have been present or involved in the alleged incident.
The DCF intake worker takes this information and determines whether the report should be screened in or screened out.
What Happens When a DCF Report Screened In?
When a report is screened in, it means DCF thinks they must investigate the report. After they screen in a report, DCF has to decide whether they need to do an emergency or a non-emergency investigation.
The Department will do an emergency investigation when the report describes an immediate threat to a child’s life, health, or safety.
DCF will do a non-emergency investigation when the report may be true but does not describe an immediate threat to a child’s life, health, or safety. Non-emergency investigations mean the Department has determined that the allegations of child abuse or child neglect were legitimate, but not serious enough to be an emergency.
When is a DCF Report Screened Out?
When DCF screens out a report, DCF thinks the report was not serious enough. Or, DCF thinks they don’t have the authority to investigate the case. An intake call will be screened out, according to 110 CMR 4.21, when:
- The identified alleged perpetrator is not a caregiver
- The reported incident is so outdated
- There were unreliable or counterproductive multiple reports.
Since DCF has a legal duty to follow through with all suspicions of child abuse or child neglect, it is more likely that a report will be screened in.
How are Emergency Reports Different from Non-Emergency Reports?
Depending on the severity of the screener’s determination, your case can be elevated to “emergency report” concern. This means that DCF emergency response workers and emergency workers report to the home within a 24- hour period to review the reported conditions and view if a child is in fact at risk of neglect or abuse.
If the report filed against you is marked an “emergency report” DCF can present their findings to a judge and obtain permission to perform an “Emergency Removal.” This allows DCF and law enforcement to appear at your home and take your children. What you can do when this happens is file for temporary custody in court. This is not a position you want to be in.
In the case of a “non-emergency report” concern, there is a typical 72-hour window for DCF to send out response workers. DCF must begin the investigation within two business days of when the 51A report was filed. You must familiarize yourself with how to prepare yourself for DCF to come for their initial visit and what to do when DCF comes to your door.
How can I maximize my success during a 51B Investigation?
Any information that the Social worker gathers during their investigation may be entered in their 51b report filing however which way the social worker interprets it. The social worker may act like they are on your side. They may agree with you and be very kind to you. But it is important to remember that DCF is not your friend. Whatever you say to DCF can be used against you–even if you .
DCF may come to your home with releases for you to sign. Releases are forms that give the Department permission to speak to certain collaterals. DCF usually asks parents and caretakers to sign releases so that the Department can speak to their therapists, doctors, or employers.
Do not sign anything you do not understand without a lawyer present. A lawyer can help understand what you sign. If you want to avoid DCF reaching out to your child’s pediatrician or teacher, hold off on signing anything before having an experienced MA DCF lawyer checking the documents first.
Should Parents Cooperate with DCF during the 51B Investigation?
Be aware however of the principle of failing to cooperate, which DCF takes very seriously. Being uncooperative of your social worker’s demands could lead you to further trouble with the Department and move along the process of removal. As was stated before, remove the barriers that impede your path to getting DCF out of your life for good.
For this reason you should do everything in your power to maintain a mutually respectful relationship with your social worker. Your relationship with your social worker can make or break your case. Due to the sensitive and personal nature of a DCF investigation, it is easy to become upset with or resentful of your social worker. It is important to separate these frustrated emotions from your conversations with the social worker.
Being civil with DCF staff could result in a reversal of a supported finding of child neglect or child abuse and spell DCF out of your life for good. Ultimately, the hearing decision made will be the final outcome of your case. There will only be one shot to overturn these allegations.
What Does MA DCF Do During a DCF Investigation?
When you are facing allegations of child abuse and or neglect, DCF will investigate you. During a DCF investigation a DCF social worker will visit your home, interview you and your children, as well as other collaterals to determine if the allegations of child abuse and or neglect are true. Part of the investigation includes a “home visit”. DCF will reach out to you within the first 48 hours of receiving the report, and schedule a home visit.
The purpose of this home visit is to determine the nature, extent, and cause/causes of the injuries of your child. During a home visit, the DCF social worker for your case will evaluate the home environment and take notes on the condition of the home. They will check whether your home is clean, if there are any dangerous items within reach of the children, and how much food is in the refrigerator among other things.
Your DCF social worker will also interview you, your children and other people who know you. Your social worker can ask you questions about any part of your life, including medical and emotional problems, your children’s medical and emotional problems, your education history, your childhood, what your financial status is, and etc.
What are the Consequences of Supported DCF Allegations of Child Abuse or Neglect?
When DCF supports child abuse or neglect allegations against you, your name will go onto the Child Abuse Registry. That means your name will show up there on any background check. If you deal with children as part of your job, you can lose your license due to supported allegations of child abuse or neglect.
The biggest consequence of a supported allegation of abuse or neglect is that DCF can take custody of your children. Once your investigation concludes and the Department has supported findings of neglect or abuse, the social worker may ask you to sign a voluntary placement agreement to grant them the right to remove your children and place them in DCF’s custody.
If you refuse to participate, this can also have some serious drawbacks. If you refuse to sign a voluntary agreement or if DCF decides that your children are at immediate risk, the Department of Children and Families may plan to take you to court. Your chances of regaining custody of your children drop when the matter goes in front of a judge.
In addition to the losses associated with losing licensure, you can be subject to search by law enforcement and other state and local agencies and/or individuals who have access to the DCF database if you lose your DCF investigation. A supported finding of child abuse or child neglect against you can revoke your rights to be around children – including your own – barring you from participating in your children’s activities at school, at the park, and around their friends. The most serious impact of a supported finding ruling is that you can ruin your relationship with your child.
When Will DCF do a Family Assessment?
If the Department supports claims of abuse or neglect (or rules their finding of substantiated concern), but do not feel that your child is in immediate danger, they may begin a family assessment to determine if your child or your family require services. DCF must “provide appropriate services to help strengthen troubled families”. These services include:
- Daycare services
- Therapy
- Parenting skills education
- Anger Management
- Couples’ counseling
- Parenting classes and counseling
DCF starts an assessment after the investigation is over. The Department has 45 working days to complete the assessment. At the end of the 45 days, the social worker and supervisor will determine whether or not to keep the case open.
After the DCF investigation, you can get DCF to “unsupport” the abuse or neglect allegations at the end of their investigation. When DCF unsupports the allegations, it means they decided the allegations against you were not true. Every DCF case is different, so it depends on the nature of your case to determine how to get DCF to unsupport the allegations.
How Can Parents Kick DCF out of their Life after a Supported Decision?
If you have received a supported finding of child abuse or child neglect, you can appeal the decision through the Fair Hearing process. The Department performs these Fair Hearings on an administrative level, so you will never see a courtroom when seeking to appeal your supported finding of child abuse or child neglect. Instead, what it will look like is closer to a deposition or mediation than a court case.
A DCF Fair Hearing Officer hears cases from DCF’s side and the parent’s/caretaker’s side. During the fair hearing, caregivers facing allegations have the opportunity to make their case to discredit DCF’s false allegations. Your DCF attorney may also cross-examine witnesses (including DCF staff and interview subjects), and present evidence.
If you have received a ruling of “substantiated concern,” you as a parent and caregiver may appeal the decision through the grievance process. The grievance process takes longer than a Fair Hearing and does not have as much direct influence on the side of the accused.
You will have to follow up and continue working investigators and social workers while your appeal is pending. The best thing you can do is to stay strong for your children and try to persevere.
How Can You Challenge a MA DCF decision through a Fair Hearing?
You must request for a DCF Fair Hearing within 30 days of receiving the letter supporting the allegation of child abuse or child neglect. You or your DCF attorney must file a request for a Fair Hearing within that time frame. If you fail to file the request on time, you will never get to reverse the false allegations against you. You can request for a Fair Hearing by writing a letter to the DCF Fair Hearing Office. The DCF Fair Hearing Office is located at 600 Washington Street, 6th Floor, Boston, MA 02111.
The letter must include the following:
- Your name
The allegations received support on a certain date
- The names of your children
You should select a lawyer with extensive experience in DCF matters. (Passive voice reduced to 0%
- The decision you wish to appeal.
Parents and caretakers should also send a copy of the notice DCF sent them describing their decision to support the child abuse or neglect allegations. A DCF Fair Hearing is a parent’s last chance to combat false DCF allegations of abuse or neglect. At a Fair Hearing, parents can state their case and prove that the allegations against them are false. Parents can bring in witnesses and evidence at the hearing to help their case.
The duty of the Fair Hearing Officer is to render an impartial and fair decision at the completion of the hearing. The DCF Area Office that supported the allegations will be the place where your Fair Hearing happens.
How Does a MA DCF Lawyer Empower Parents During the DCF Process?
Parents can hire a MA DCF lawyer to represent them at every stage of their DCF case. A DCF lawyer handles a number of things in a DCF case. Your attorney can make your DCF problem easy–even if it feels impossible to get through on your own.
Your DCF lawyer will be able to gather all the important documents for your case and file the necessary forms. They can also give you the proper advice on how to achieve your goals, and recommend the appropriate services for you and your family.
A DCF social worker knocking on your door can be a terrifying feeling. DCF is a huge, government agency which can remove your children in the blink of an eye. It is extremely stressful situation. Parents often forget to eat or sleep out of fears of losing their children. If they are not eating or sleeping, they are probably not thinking clearly.
A DCF attorney can step in and think for you. Your lawyer’s experience with DCF is important. An experienced DCF lawyer who has dealt with thousands of DCF matters probably has a time tested plan for your case. The best MA DCF lawyer will empower families with an easy, guided, step-by-step plan on how to win their DCF case.
Should You Hire an Experienced MA DCF Lawyer?
You and your children should always have an experienced DCF lawyer present when speaking to DCF. A lawyer who has handled thousands of cases involving DCF has probably handled cases like yours before. They know which documents will help your case, which collaterals to reach out to, and how to file important paperwork.
A MA DCF lawyer can give you the right advice to make sure DCF doesn’t violate your rights. Also, a DCF lawyer knows DCF’s rules and regulations, so they can break down the process explain it to you clearly and carefully.
Remember you only have one opportunity to rid DCF out of your life when an investigation begins. Do not allow DCF to slowly tighten its grip without powerful support systems to help and protect you. The key to successfully completing your DCF investigation without losing your kids is to prove to DCF you are not an abuser.
How Do You Know Which MA DCF Lawyer Will get the RIGHT Result for Your Case?
Discover which MA DCF lawyer will get the right result for your DCF case by doing your research. Google which lawyers deal with DCF, and browse through their website. Did the attorney provide valuable information for parents dealing with DCF on their website? Does the attorney have a clear, easy-to-navigate home page?
Is it evident that this attorney aims to make an impact and a difference in people’s lives?. When you can answer “yes” to all of those questions, you’re on track to finding the right lawyer for you. Social proof is key when hiring the right attorney to represent you for your DCF case. Look online and see which DCF attorney has a high rating and extremely positive reviews from their clients.
Your best bet for closing your case quickly without losing your children to foster care is hiring an experienced MA DCF lawyer. You should select a lawyer with extensive experience in DCF matters. Choose the attorney who will work with you and support you every step of the way.
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.