How Do Parents Start Appealing MA DCF 51A Reports Successfully?
If the Massachusetts Department of Children and Families (DCF) supports the allegations of a 51A report, it means the Department thinks you are guilty of abusing or neglecting your child. This can cause further DCF involvement, like the Department placing your children in foster care. This article describes how you can go about appealing MA DCF reports.
Why Would Massachusetts DCF Support False Allegations?
During a 51B investigation, Massachusetts DCF will come to your house and investigate your family. They must decide whether to support or unsupport the allegations against you.
In order for there to be a 51B investigation, the process begins with someone filing a 51A report against you. The 51A report is the official document that accuses you of abuse or neglect. When this happens, you have 30 days to see if you can do a fair hearing to argue your case and protect your family.
The MA DCF has a new category of decision for allegations of abuse or neglect which are a “substantiated concern.” This kind of finding means they support the allegations, but there is not an immediate danger to the child’s safety or well-being. If you receive a finding of substantiated concern you cannot appeal through the fair hearing process.
Sometimes, Massachusetts DCF does not conduct proper investigations. Rather, some investigations are poorly done and do not accurately reflect the reality of families. Despite this, MA DCF will still wrongfully support false allegations despite the lack of quality in the investigation. Fair hearings are conducted by the coworkers and supervisors of the same social workers who visit your home.
Because of the many systemic flaws in this system, do not be afraid to stand up for yourself and execute your rights. Your chief priority is to protect your family and keep DCF out of your life.
How Do I Start the MA DCF Appeals Process?
If you are appealing, there are requirements you must meet. First, you will send a request within 30 days of the decision. Even if you are unsure about whether to appeal the decision, it is safe to start an appeal anyway. If you decide not to go forward with the appeal, it is much easier to withdraw it.
You will need to mail your request to the MA DCF hearing office and also the director of the DCF area office. The area office is the office responsible for filing the 51A report against you. It is usually the office that is closest to your address.
You will include the appellant’s name (which should be your name unless you are filing for someone else), mailing address and phone number. Also be sure to include the name and number of the area office where the decision is made.
Fair Hearing Office Contact Information:
Address: 600 Washington Street, 5th floor, Boston, MA, 02111
Phone: 617-748-2030
Fax: 617-748-2062
Email: [email protected]
Your attorney can also send a request on your behalf. However, you must make copies of the 51A/B and any other MA DCF records for both your attorney and yourself. Remember that you are fighting a department of the state and having all the evidence with you is one of the most important tools to winning your case.
Kevin Seaver is a trusted Massachusetts DCF Lawyer Specializing 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.
Thank you for posting this. I had a case opened at the beginning of the summer and could not find any information on how to protect myself… as a result I missed the 30 day right to appeal and it was a very scary experience.
They also didn’t held back on providing a summary of their concerns (reasons why the case was open)… once they did, I learned the information presented by the original interviewer (or investigator) was full of lies. If it was Intentionally malicious or just carelessness, I’ll never know, but the point is… the claims were false.
I called the ombudsman and made daily efforts to contact the supervisors of the investigator and of my social worker (who made no effort to confirm or correct the discrepancies in my report)… basically, I annoyed them as much as I could while maintaining a professional demeanor and it paid off.
My case was closed 3 months after being opened due to “substantiated concerns” once I proved their facts were wrong.
The lesson for the next targeted family: take action immediately, pay attention to your paperwork and get as many resources as possible on your side (like attorney Seaver, the school principal, ombudsman, etc.)
No one is above DCF – or monitoring them. They are like the DMV – or God – in their own right. They also have a tough job and their services are needed by many children out there. Don’t let them waste their resources on your family while there are actually children out there suffering who need their attention
Good luck and God Bless
did they just close the case or reverse the finding of substantial concern?
I think this is well said and unfortunately I’ve seen too many times where they are wasting time on the wrong families. If I told you the amount of parenting classes for positive parenting and courses that I take or have taken- I can assure you that you would not believe me. Probably daily I’m on a zoom or some type of webinar to educate myself and be the best mom and advocate I can for my children. Unfortunately you named one person – the school principal and I have never seen eye to eye on things and she basically told me how she felt about me when my 7 year old daughter was not eating, she was withering away and falling asleep in class so after seeing specialists I decided to pick my daughter up during lunch and take her outside of the school to see if she was actually able to eat and maybe it was the school setting. I explained everything to the school, she would not miss any academic time, etc. I went to school to pick up my daughter and was met by the principal who literally made me feel I was a student, yelling that she had never had a single parent take their child to lunch. She even added that this was not going to be excused time either!!! My daughter and I left at the beginning of lunch and I returned her before recess ended. What needed to be excused?? The principal judged me based on my CORI from before I had any children. There is non stop issued with her and she is close friends with the superintendent 🙈 I’m still in shock by all the lies I read!