How to Best Deal with a MA DCF Investigation for Child Abuse or Neglect
What is the Best Way to Deal With MA DCF Investigations?
The best way to deal with the Massachusetts Department of Children and Families (MA DCF) is to educate yourself. Do not let a MA DCF investigation catch you and your family off guard. Make sure you know their rules and regulations so that you can hold DCF accountable if they treat you or your children unfairly. Even though no DCF case is the same, all DCF workers must follow a set of policies and procedures during this process.
These rules are outlined by M.G.L. c 119, § 51A. The best way to navigate all of this information is to hire an experienced DCF attorney who has knowledge of the law. The best DCF lawyers can answer every legal question and clarify aspects of DCF’s process. A mandated reporter who has reasonable cause to believe that a child under the age of 18 is suffering from abuse and/or neglect must make an oral report.
Mandated reporters include doctors, nurses, social workers, mental health professionals, police officers, teachers and clergy. The mandated reporter must write out a written report to the local DCF Area Office 48 hours after the oral report. Any individual can call DCF to report abuse or neglect during business hours to the appropriate DCF area office of the city/town where the child lives. Normal business hours are Monday through Friday, from 8:45 AM to 5:00 PM.
How does DCF Become Involved?
First, a reporter (usually a mandated reporter) will call DCF and make allegations of child maltreatment. DCF only deals with cases involving the abuse or neglect of a child by their parent or caretaker. The DCF screener will ask the reporter questions to gather important information. That information will go into a “51A report”. The intake call will be either “screened in” or “screened out” based on this information. DCF will not investigate a family when they have “screened out” the report.
DCF will investigate a family when they have “screened in” the allegations, and the case will be assigned to a DCF social worker. This worker is responsible for handling the case. In an emergency response, DCF goes to Juvenile Court to attempt to obtain custody of the child. Non-response emergencies are more likely to occur.
The MA DCF investigation is governed by M.G.L c. 119 § 51B. That is why it is also called a “51B investigation”. The DCF social worker writes down all their notes from the investigation into a “51B report”. Parents can request for a copy of the 51B report by sending a letter to the DCF Area Offices Director. Since every DCF area office handles requests differently, it is important to check in periodically with the office if you did not receive the records in several weeks.
Parents should get a letter from DCF stating the allegations reported against them. The letter should state the reported child’s name, the allegations, and the parents or caregivers responsible for the abuse or neglect. The parents or caretakers should get this letter the first time DCF contacts them.
What Will DCF Do Before the Investigation?
DCF will call or write a letter to a parent or caregiver to tell them they are being investigated by them. However, there are times when DCF decides not to tell parents that they have started an investigation against them.
In those situations, DCF shows up to a house unannounced and they sometimes bring a police officer with them. You do not have to let DCF into your home but then they may think you are hiding something. Your best bet would be to hire a lawyer who has experience dealing with your case. Every DCF case is different, and every family is different. That is why every case requires different legal advice.
What Will Your DCF Social Worker Do During the Investigation?
The DCF response worker must meet with all the children at the reported home within three (3) business days after the screening process. The only exception to that rule is when the alleged abuse happened outside the home. The worker will also visit the parents at least once. They should make the first visit to the home within three (3) working days after DCF’s screening decision.
DCF should contact a parent who is not living with the child at least once. The DCF response worker will contact the reporter, check past DCF files, and contact collaterals to gather important information. They may choose to screen in any additional concerns or allegations.
The DCF response worker will contact the parent directly to set up a time to meet. They must provide an interpreter if it is necessary to communicate with the family. A friend, family member or attorney can be present as support for the parents. The DCF response worker will go over the allegations from the intake and ask a series of questions.
The DCF response worker must determine:
(a) the existence, nature, extent and cause or causes of the alleged abuse or neglect;
(b) the identity of the person or persons alleged to be responsible therefor, if possible;
(c) the name, age and condition of all other children in the same household; and
(d) all other pertinent facts or matters which necessary to support or unsupport the allegations.
What will DCF do After the MA DCF Investigation?
DCF has 15 working days to complete their investigation. After the investigation, DCF will make a decide the allegations are real or not. The three (3) decisions DCF can make are: supported, unsupported, or substantiated concern. The social worker’s DCF supervisor also reviews the decision. A “supported” allegation indicates there is “reasonable cause to believe” that a parent or caretaker abused/neglected the child. The DCF social worker considers certain factors including:
- Direct disclosure by the child or caretaker,
- Physical evidence of injury/harm,
- Behavioral indicators,
- Corroboration by collaterals and
- DCF response workers clinical base of knowledge.
DCF Assessment
An “unsupported” decision means that an allegation shows no reasonable cause to believe a child was abused or neglected. This could also mean that the person believed to be responsible for the abuse or neglect is not a parent or caregiver for that child.
DCF’s regulations do not explain a “substantiated concern” decision. A substantiated concern decision means DCF thinks the parents can potentially abuse or neglect their child, but there is no immediate danger to the child’s safety or well-being. Often, when a child is caught in the middle of a divorce or custody battle, DCF will make a “substantiated concern” decision.
What Happens After DCF Supports the Allegations?
If DCF decided allegations should be supported or substantiated concern, they can start a DCF assessment. The assessment is a process where DCF connects and provides a family with services and recommendations. Another social worker will be assigned to work with the family for the DCF will open a case for assessment and action planning with the family.
The ongoing worker will update the “action plan” if the family already has an open case. It is not good news when DCF supports allegations against you. DCF will place your name on their central registry. The district attorney (DA) will put your name on the Abuse/Neglect Registry of Alleged Perpetrators when the allegations are criminal.
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.