How to Understand a DCF Child Abuse or Neglect Investigation in MA?
When a parent or caregiver of a child gets a call or letter from the Massachusetts Department of Children and Families (MA DCF), it probably means DCF started an investigation against them. The Department’s initial report is governed by M.G.L. c 119, § 51A, as well as the intake screening process. No DCF case is the same but workers must follow a set of policies and procedures during their investigation process.
If you are confused about the DCF investigation process, hire an experienced lawyer. The best DCF attorneys will help you navigate the DCF investigation process and answer legal questions about your case.
How Does a DCF Investigation Begin?
The DCF investigation starts with the reporter. 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. Within 48 hours of the oral report, the reporter must make a written report to the local DCF Area Office. But any other individual can call DCF to report child abuse or neglect if they want to.
The DCF screener will ask the reporter specific questions to gather information to put in the 51A intake report. Based on this information, DCF will either “screen in” or “screen out”. You would not hear from DCF if they “screen out” a report. When DCF screens in a report, they do an emergency or a non-emergency response.
The case will be transferred over to a DCF response worker who is responsible for handling the case. In an emergency response, DCF goes to Juvenile Court to attempt to obtain custody of the child. DCF must write a letter to the parents or caretakers of the child reported in the 51A report about the kind of investigation they will do.
The letter should state the child’s name, allegation, and caregiver accused of the allegations. The DCF response worker assigned will sign this form. The parents or caretakers should be provided this letter at the time of first contact.
What Does a Social Worker Do During a DCF Investigation?
The parent will be contacted directly by the DCF response worker to set up a time to meet, and will be provided an interpreter when necessary. The parent is entitled to have an advocate present on their behalf such as a friend, family member or attorney. The DCF response worker will go over the allegations from the intake and ask a series of questions.
The DCF response worker must meet with the child(ren) at their home within 3 business days after the screening process unless the alleged abuse occurred outside the home. DCF visits the reported family, includomg all parents and children, at least once. DCF should make the first visit within 3 working days after the screening decision.
A parent who is not living with the child is to be contacted at least once. The DCF response worker will contact the reporter, check past DCF files, and contact collaterals to gather important information.
Then, the social worker will put all the information they find out in the investigation into a “Child Abuse/Neglect Non-Emergency Response,” report, also known as the 51B report. DCFs 51B investigation follows rule set by Massachusetts General Laws (M.G.L.) chapter 119, section 51B.
That includes all communications and notes they took during interviews, home visits and observations. At the end of each investigation, the DCF social worker’s supervisor reviews their decision.
The DCF response worker may choose to screen in any additional concerns or allegations.
What is the Social Worker Looking For?
During the investigation, the DCF social worker is looking for:
- the existence, nature, extent and cause or causes of the alleged abuse or neglect;
- the identity of the person or persons alleged to be responsible therefor, if possible;
- the name, age and condition of all other children in the same household; and
- all other pertinent facts necessary to make a decision abut the allegations
What are the Time Frames for DCF Investigation?
The DCF emergency investigation has to start within 2 hours of DCF getting the report. DCF must complete emergency investigations in 5 days, not including weekends and holidays. On the other hand, DCF has 3 days to begin non-emergency DCF investigations. DCF has to complete a non-emergency investigation in 15 days, not including weekends and holidays.
What Happens After the DCF Investigation?
After the investigation, DCF determines whether the allegations are true or not. If DCF thinks the allegations are true, they “support“ them. DCF chooses to “unsupport“ allegations when they think the allegations are false. When DCF is not sure if the allegations are true or not, or when the situation is not too serious, they make a decision of “substantiated concern”.
An “unsupported” decision means that DCF has no reasonable cause to believe the reported child abuse or neglect allegations are true. Or, it could mean that the person believed to be responsible for the abuse or neglect is not a parent or caregiver for that child.
A decision to support an allegation shows that there is “reasonable cause to believe that an incident of abuse or neglect by a caretaker did occur.” The DCF response worker consider 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 will open a case for assessment and action planning with the family. When you already have an open case with DCF, the social worker handling the current investigation will put recommendations in the action plan to address all the family’s issues. That includes the issues raised in the other investigation.
What Happens After DCF Supports or Substantiates Child Maltreatment Allegations?
DCF makes a “substantiated concern” decision when they have a “reasonable cause to believe” the child abuse or neglect allegations are true. However, there is no immediate danger to the child’s safety or well-being.
When DCF supports or substantiates an allegation of abuse or neglect against you, DCF will continue working with your family. They will connect you to services through an assessment process. For the DCF assessment, you will get a new social worker.
As part of the assessment, DCF will give you an action plan. In that action plan, DCF will give you a list of recommendations that should help your family’s issues. These recommendations will be things like therapy, family counseling, anger management classes, and psych evaluations.
You should do your best to follow DCF’s recommendations. If you feel like DCF’s recommendations are violating your rights, however, you should contact an experienced DCF attorney immediately.
How Can Parents Get the 51A Report?
Parents and caregivers can request this report by sending a letter to the DCF Area Offices Director. DCF will probably redact information about the 51A reporter and other identifying information. Each DCF area office handles these requests differently.
So check in with the office from time to time if you do not receive the records within several weeks. Your best bet is to hire an experienced DCF attorney to fight for your rights and get DCF to give you the report.
Kevin Seaver is a trusted Massachusetts DCF lawyer specialized in DCF law 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.