How Important is it to Request a MA DCF Fair Hearing?
WHAT ARE SUPPORTED FINDINGS?
A supported finding is generally known as evidence against you. Supported findings often come from caretakers of your child, like teachers, doctors, and therapists. When a supported finding is made against you or one of your child’s caretakers, like a relative, your name will be put into the DCF’s Central Registry and Alleged Perpetrators.
Your name can then be searched by state agencies and certified licensing professionals. Supported findings can not only hurt your case, but your chances at employment. A supported finding made against you, such as neglect or abuse, can hurt your professional career and custody rights.
The DCF only needs a “reasonable cause to believe that an incidence (reported or discovered during the investigation) of abuse or neglect by a caretaker did occur,” according to the 110 CMR 4.32. This leaves much room for accusations against you.
It can be unclear which caregiver the supported findings apply to. Further, when the Department supports a report, this does not mean the DCF has evidence the reported incident of abuse or neglect occurred.
HOW DCF REGULATIONS AFFECT YOU
Your case is entirely up to the DCF. DCF decides to act on the information in the 51A report. They do a deep dive into the family and write down everything they find, which includes sensitive information, in the 51B investigation. At the end of the 51B investigation, DCF will unsupport, support, or substantiate the allegations.
A supported finding of neglect or abuse can be reported towards a different caretaker or parent, one who was not the focus of the investigation. The supported finding will come in a one-page letter that may include personal information. It is up to the family to understand who the alleged perpetrator is.
Supported findings of neglect or abuse do not always impact the alleged caretaker’s life. The DCF may issue a less intensive Family Assessment Process (FAR). As long as the alleged caretaker and family follow the DCF’s action plan, they may continue a normal life. A DCF action plan is when a report of abuse or neglect is reported and the MA DCF starts planning the best ways to handle the situation.
Yet, the DCF can easily disrupt your family’s life. Often, a simple allegation and supported finding can risk the custody of your child. Don’t let your child go into foster care, which is what will happen when the DCF takes your kids. When DCF supports child abuse/neglect allegations against you, you should take it seriously and seek wisdom from an experienced DCF attorney. Your DCF lawyer will help you request for a Fair Hearing.
WHAT IS A MA DCF FAIR HEARING?
A MA DCF fair hearing is an administrative appeal. In other words, a fair hearing is a proceeding in front of a third party, the Fair Hearing Officer, where the parents get to tell their side of the story and DCF also explains their understanding of the case. During a fair hearing, your attorney can challenge DCF’s evidence, present your evidence and call in witnesses to testify for you.
A parent or caretaker may request a MA DCF fair hearing only within 30 days of the decision. The Fair Hearing Officer hears both sides of the case decides whether DCF who are not a part of the regional office that can help and conduct the investigation. When parents have an unsuccessful fair hearing, they can seek a new review of the decision with the Superior Court.
In Superior Court, the matter will be determined by a judge. Although the DCF can close your case after supporting allegations, they can still disrupt your family life. You have the right to a DCF attorney. Your DCF attorney can challenge the supported findings of neglect or abuse.
Often, parents win MA DCF Fair Hearings when DCF did not follow their own rules and regulations. A DCF attorney can find evidence that contradicts DCF’s findings. Often, the DCF does not interview witnesses in favor of the accused caretaker or supply evidence that contracts their accusations.
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.