Is a MA DCF Investigation of Child Abuse Targeting You? How To Proceed
The Massachusetts Department of Children and Families (MA DCF) aims to protect children in any MA district from abuse and neglect and to help the children’s families. When the DCF receives a report of abuse and neglect, they open a DCF investigation of child abuse and help people 18 years old or younger. Their job is to make sure that children and teens stay safe and that they are getting the care they require.
What is Abuse and Neglect?
Every child has the right to be and stay safe and secure. DCF considers the following as child abuse:
- Putting a child in dangerous situations
- Hurting a child on purpose
- Sexual exploitation or sexual contact with a child
- Actions that a parent/caregiver does that may cause mental or emotional harm a child
DCF considers a lack of the following as child neglect:
- Food
- Shelter
- Supervision
- Education
- Medical care
Why is a DCF Social Worker Contacting You?
DCF is contacting you because they got a report that you are abusing or neglecting a child. They also could have received a report that your children are at risk of abuse of neglect from someone else. Once DCF receives this kind of report, Massachusetts law requires the Department to do an investigation.
Who May Have Reported Abuse or Neglect Against Your Child?
Anyone can reach out to the DCF regarding potential abuse or neglect. District law requires certain people to call when they suspect child abuse or neglect: called mandated reporters.
Mandated reporters are anyone whose profession places them around children. These people must give their names when reporting. When a non-mandated reporter calls, they may choose to remain anonymous.
What Happens When the MA DCF Gets a Report?
When a report comes in, a social worker from the DCF investigates. The DCF assessment often happens within 24 hours of the report. The social worker will decide through a family assessment if DCF services or a community organization needs to help your family.
Who Will the Social Worker Talk to?
The social worker will talk to you and those residing in your home. They will also contact people you and your children know, such as doctors or babysitters. The social worker may also contact people without your permission.
Does the Social Worker Have to Speak With Your Child?
The social worker needs to see and speak with all children living at home. The social worker may also see and talk to your children when they are at daycare or school before contacting you. They do this to allow the child to speak freely.
What If You Don’t Want to Talk to the Social Worker?
It is in your best interest to cooperate with the investigation to share your perspective. You should always talk to the social worker. Even if you don’t want to speak with the social worker, the court will order you to let them see your child.
Will the Social Worker Take Your Child?
In many DCF investigations of Child Abuse, the child gets to stay home with their family. Their goal is to keep the family together. But they also have a legal responsibility to protect from child abuse and child neglect.
Sometimes the house is not safe. When the DCF feels a house is unsafe, they are required to remove the child from the home. After they remove a child from their home, they have 72 hours to ask the family court to decide on the validity of removing the child.
What Happens After the Investigation?
Within 30 days, the social worker will use information collected during the investigation to reach a conclusion. The DCF will send you a letter explaining what they found.
If they determine your child was not abused or neglected, DCF will no longer stay involved with your family. They will unsupport the allegations. If they find substantiated concern that your child was abused or neglected, the DCF or another organization will stay involved. This does not automatically mean they will remove your child from your home.
If DCF believes a parent did abuse or neglect their, DCF will support the allegations. Then they will put the parent’s name on the DCF Central Registry, and possibly the Registry of Alleged Perpetrators if the allegations are criminal charges (such as sexual or physical abuse of a child).
What Kind of Help can MA DCF Give Your Family?
They can arrange many helping services for you and your family. They include:
- Counseling
- Parent Education and Support
- Housing Assistance
- Child Care
- Medical Treatment
- Educational Evaluations for Children
What Rights Do You Have When MA DCF Gets Involved With Your Family?
When MA DCF gets involved with your family, you have the right to:
- Be treated with respect and courtesy;
- Privacy;
- Know what’s going on and get clear, honest answers to your questions;
- Have a relative or friend be present with you during the meetings;
- A court hearing within 72 hours of your child’s removal from home; and
- Have an attorney present with you during the DCF investigation of child abuse
What Responsibilities do You Have When MA DCF Gets Involved With Your Family?
Your responsibilities are:
- Tell the truth;
- Ask questions;
- Cooperate with the social worker;
- Follow your case plan;
- Attend meetings about your case; and
- Improve your family situation
What if You Have a Problem With the MA DCF?
You have to remember that MA DCF has the legal authority to get involved when there is a report of child abuse or neglect. So, keep in mind that you have the right to:
- Keep a written record of what’s happening on your case
- Try to resolve the problem with your social worker first
- Call your social worker’s supervisor
What Can You Do When You Don’t Agree With the Findings of Abuse or Neglect?
You may request a fair hearing to fight the allegations. A fair hearing is an administrative appeal. During a fair hearing, your attorney can challenge DCF’s finding. Your attorney can also present evidence and call witnesses. Don’t let your child go into foster care, the likely result of the DCF taking your children.
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.