How To Handle A MA DCF Assessment Without Losing Your Children?
When the Massachusetts Department of Children and Families (MA DCF) launches an investigation for child abuse or neglect with your family, you risk being involved with the agency for a long time. The conclusion of the DCF investigation determines whether the Department will continue its involvement with your family.
How Long Is MA DCF in Your Life After An Investigation?
When DCF completes an investigation into child abuse or neglect they can:
- The Department can “unsupport” allegations of child abuse or neglect. This means the agency cannot find enough evidence to determine if a child is in risk of neglect or abuse. In this case, they will typically close the case.
- The Department can support the allegations of child abuse or child neglect. This means DCF finds enough evidence to believe your child is at risk of abuse or neglect.
- Lastly, they can enter a finding for “substantiated concern.” This means DCF did not identify enough evidence that points to abuse or neglect. But, there is enough concerning evidence of risk for them to continue involvement.
- DCF will continue involvement and launch a DCF assessment if the original investigation results in a “supported” or “substantiated concern” conclusion.
What Is A MA DCF Family Assessment?
After DCF supports allegations of neglect or abuse there is a family assessment. The intent of this assessment is to determine what services your family needs. This is a way for MA DCF to continue and prolong its involvement with your family to continue investigating their concerns.
DCF completes its investigation outside of court. A social worker will interview you and your children at your home. They will also speak with collaterals such as doctors, therapists, schools, afterschool programs, and other family members. Parents must remember that the Department can use anything you say to a social worker in a court case or a new investigation for child abuse.
Refusing to participate in a family assessment can create serious risks for a parent. Some attorneys argue that participation in the family assessment is voluntary. However, parents who refuse to participate in the assessment should recognize that the agency has many tools at its disposal.
The MA DCF can refer cases to the District Attorney, initiate Care and Protection proceedings in Juvenile Court. They can also initiate new investigations for neglect or abuse.
What Is A “DCF Action Plan”?
During the family assessment, the social worker meets with you and your family multiple times. They will also likely attempt to set your family up with an “Action Plan” that DCF develops. Most times, the Department asks parents and caretakers to comply with the Action Plan. The Department may even offer parents an Action Plan if their child is removed from their custody and taken to Juvenile Court.
Parents must be careful when signing an Action Plan. Be wary that the plan may include admissions or suggestions of admission that the parent has engaged in problematic behavior. For example, an action plan that includes a drug or alcohol treatment may negatively impact child custody proceedings in the Probate & Family Court.
DCF will ask you to sign the action plan and follow it. If you do not sign it, they can extend their involvement in your life. The Department can take more drastic measures, like involving the court. There may be instances where signing an action plan exposes a parent or caretaker to additional risks. Parents should consult with a DCF lawyer with experience before taking important steps that cannot be undone.
How Can I Combat a Supported Finding of Neglect or Abuse?
If you choose to challenge a supported finding of abuse and/or neglect, you must timely request a Fair Hearing. When you receive notice of a supported finding, DCF must provide you with directions on how to challenge such a finding. You can hire counsel, bring in witnesses, and present your case to a Fair Hearings Officer to challenge and reverse the finding.
Kevin Seaver is a trusted Massachusetts DCF lawyer specialized in the MA DCF Assessment 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.