How Does Appealing DCF Allegations Look Like in Massachusetts?

How Does Appealing DCF Allegations Look Like in Massachusetts?

When you are not happy with the DCF’s decision of abuse or neglect against you, you have the right to appeal the decision made. Appealing DCF allegations by the Massachusetts Department of Children and Families (MA DCF) makes will take a lot of patience and effort.

When people “appeal” a DCF allegation, it means they are asking DCF to reconsider supporting or substantiating an allegation against them. In other words, they want DCF to review the evidence one more time, find them to be innocent, and get the allegations off their permanent record. There are four (4) different decisions DCF can make regarding the allegations.

What Are The Four Decisions DCF Makes After a DCF Investigation?

One decision DCF can make after an investigation is to unsupport the allegations. That happens when DCF does not have reasonable evidence that a parent or caretaker was abusing or neglecting a child. The second one is the supported outcome.

That is when the allegations of abuse or neglect are true and the actions of the parents/caretakers pose a risk to the child’s safety. The third one is supported with family assessment. That is when you have allegations of child abuse or neglect supported by the MA DCF, and your family may be subjected to a DCF family assessment.

The final one is a substantiated concern decision. This decision means that DCF has reasonable cause to believe that a a parent or caretaker was abusing or neglecting a child, but they cannot tell if it happened for sure.

What Are Your Rights as a Parent Involved With The DCF?

Don’t let DCF violate your parental rights. When DCF begins an investigation, parents and their children have the right to:

• Speak with an attorney or have one with you at all times. If you can’t afford one, the court will appoint one for you.                
• Invite a supportive friend or family member to be with you during the DCF visits.
• Ask any questions you might have to the MA DCF of the report. 
• Get a letter explaining MA DCF’s decision about the investigation. 
• It’s important to assert your rights to protect yourself
• An attorney can help you buy trying to close the case as soon as possible  

Appealing DCF Allegations: What is a MA DCF Fair Hearing?

A fair hearing lets falsely accused parents and caretakers to completely get rid of supported allegations from their record. Parents must ask DCF for a Fair Hearing within 30 days of learning about the supported allegations. The DCF Fair Hearing Unit will either approve or deny the request.

If they approve the request, they will schedule a date for the Fair Hearing to happen within ten (10) days. =An impartial third party, the MA DCF fair hearing officer, is like the judge and referee of the hearing. During the hearing, the rules of evidence do not apply.

During a DCF Fair Hearing, the parent/caretaker can explain their side of the story and lay out all the evidence that helps them. DCF can present their own oral testimony and documentary evidence at the Fair Hearing. 

An experienced DCF lawyer will know exactly what to do before, during and after a Fair Hearing. So, your best chance to successfully fight supported DCF allegations at a Fair Hearing is to hire an attorney.

 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.