You should always have a DCF Lawyer present when speaking to DCF. DCF involvement can have serious consequences for you and your children. DCF will give you a parent pamphlet after speaking to you. Inside this parent pamphlet it states that you are entitled to “counsel at anytime.” Heed DCF’s advice, if DCF tells you that you need a lawyer, you need a lawyer.
The ONLY cases Attorney Seaver handles are DCF cases. He is an experienced, trusted lawyer that has been successfully fighting DCF since 1991 throughout Massachusetts. Throughout his career, Attorney Seaver has handled thousands of DCF cases similar to yours.
Attorney Kevin Seaver has been recognized by Massachusetts Lawyers Weekly as an “expert in DCF law.” He is a New York Times Lawyer of Distinction with a 10/10 Avvo Rating and over 300 five-star ratings on Google My Business, BBB, Yelp, Lawyers.com, Facebook, and Avvo. Mr. Seaver was named Avvo top contributor award, Avvo Clients Choice award, and Birdeye best Law Firm. Attorney Seaver will create a strategy and plan to get DCF out of your life. Mr. Seaver fights for his clients, making sure that DCF does not bend or break you and your families’ legal rights. But don’t take our word for it, read our client testimonials.
The first step in retaining Attorney Seaver as your lawyer is to agree upon contracts term, this includes the cost, and payment methods.
The second step is to sign the fee agreement and releases. There different types of fee agreements.
Flat Fee:
A flat fee is a fee where you pay a flat amount and nothing more. This means that you and the lawyer you are retaining agree on a fee and it does not change during the course of representation. This means that if the case ends in a week or goes on for months, you pay one amount and you know exactly what that amount is. This fee is recommended because during a case a client is the best ally in terms of information. Why does that matter some may ask? A flat fee again, means that you pay one set amount. The importance of that is you have complete and unfettered access to your lawyer and you are not constantly getting billed for it. Phone calls, emails, office visits, and DCF Home Visits, it’s all included in your one flat rate.
Hourly Fee:
Some clients choose to retain an Attorney on an hourly basis. This is not recommended. Many people on an hourly fee agreement hesitate to communicate with their attorneys. The reason being is every second of communication is being billed. That bit of information you’re not sure if it’s important or not might come too late to your Attorney’s ear if you’re not willing to call on the phone for a couple of minutes knowing you’re paying for it. Again, this kind of fee agreement is not recommended.
IQualify Loan:
We understand that sometimes finances can be tight. It’s not always easy to round up money for a fee agreement right up front and you may need some help. If friends and family are unable to assist you, we can. We have signed on with a program specifically designed to help clients pay for their legal services from our office. This program is called IQualify Loan. We send you a quick application similar to any loan application and then IQualify reviews it and gives you an offer depending on your credit worthiness. If an offer is provided to you, you can accept it and paying it back is as simple and easy as paying your phone bill every month. Please do note that not every person is offered a loan and many factors play into being offered one or not. Nothing is guaranteed to be available.
In Massachusetts, there are different kinds of fee agreements that you can choose from when retaining a lawyer. It depends on the type of case. Each case is separate, distinct and apart because every family is unique. The cost will depend on your case and what stage of litigation you’re in.
It does not matter where you live. Attorney Seaver represents ANYONE involved with the Massachusetts Department of Children and Families.
The Law Office of Kevin Patrick Seaver has been a steadfast ally for thousands of clients since 1991, particularly in cases involving DCF parental alienation. Our extensive experience across the Commonwealth of Massachusetts enables us to effectively assist clients in getting allegations declared unsupported, assessments closed, and decisions overturned.
There are many serious consequences, they may include but are not limited to any of the following:
- Termination of your parental rights
- Adoption of your children
- Placement of your children in foster care
- If you have more than one child, DCF may place your children into separate foster homes.
- Limiting or elimination of your visitation
- Loss of employment
- DA referral, which may lead to criminal charges and possible jail time
- Your name being placed on the DCF central registry as a perpetrator of child abuse and or neglect
- Entry into your home without a search warrant (if you allow them).
- Anything you say can and will be used against you (DCF is not your friend nor your neighbor please be quiet!)
Attorney Seaver’s 10 things:
- Ask for identification
- Ask what the allegations are and who they are against
- Take the accusations seriously
- Always be courteous and remain calm
- Tell DCF politely that you’d like to speak to Attorney Seaver before you speak to them
- Ask to reschedule a further meeting with DCF so that you may exercise your legal right to “have counsel present at any time”
- Don’t let the worker interview you or your children without representation
- Let the worker see that your children are clean and safe with no visible marks or bruises.
- You and your family members should NOT sign any documents DCF presents to you until Attorney Seaver has reviewed them.
- Stay silent, DCF will continue to ask you questions but you must be vigilant so that you and your children do not speak to DCF without Attorney Seaver present. Be courteous, but be firm but not speaking to DCF when they knock on your door.
Attorney Seaver handles ANY type of case that involves the Massachusetts Department of Children and Families.
It is never too late to hire Attorney Seaver if you are involved in any way with the Massachusetts Department of Children and Families.
The Law Office of Kevin Patrick Seaver accepts the following methods of payment:
-Cash
-Checks
-PayPal (Debit/Credit Card)
-IQualifyLoan (Application Required)
DCF will not retaliate against you. The DCF parent pamphlet encourages you to hire “counsel at anytime”
Once DCF screens in a case, they will begin either a 5-day emergency investigation or 15-day non emergency investigation during which they will communicate with the alleged perpetrator, alleged victim, parents, and collaterals involved.
After a DCF case has been either substantiated or supported, DCF will assigned a new ongoing social worker to come to your home on a monthly basis. They will ask questions to assess the family and determine if any services are necessary.
DCF cannot specifically require you sign releases, but they have been known to use the leverage they do have to have you sign releases, including threatening to open a new 51A investigation.
It depends on when and at what point you are in your case. Always contact an attorney before deciding to not communicate with DCF.
A DCF Fair Hearing is a 2 hour long hearing before a fair hearing officer where you will have the opportunity to present evidence and appeal the investigation decision against you.
If DCF asks to speak to your child without you, they’re trying to get a clear picture from the child’s view. You have the right to know what they will ask. If this worries you, getting advice from a lawyer can help make sure the talk is fair and safe.
If DCF asks to speak to your child without you, they’re trying to get a clear picture from the child’s view. You have the right to know what they will ask. If this worries you, getting advice from a lawyer can help make sure the talk is fair and safe.
DCF can take kids in urgent cases to keep them safe. They must then explain their action to a judge within 72 hours. This step checks that the removal was fair and needed
After investigating a child for his safety status, and if DCF finds no risk, they may close the case. If there are issues, they might open an assessment to offer help. In serious cases, DCF may go to court to remove the child from the family. Their next steps depend on what they find during their investigation
After a DCF investigation has been completed, DCF can conduct an assessment to address whatever concerns they may have. These assessments will take at least 60 working days, but oftentimes will continue long afterwards. Contact a DCF Defense Attorney like Kevin Seaver if DCF has started an assessment to ensure it closes as quickly as possible
To prepare, make sure your home is safe and welcoming for your child. Have important papers like health records ready. Talking to a lawyer to know your rights can also help you feel ready and calm.
Yes, gambling addiction can impact custody decisions as courts prioritize a child’s best interests, considering factors like financial instability and neglect.
Signs of gambling addiction in parents include obsession with gambling, financial secrecy, neglecting family duties, mood swings, and lying about gambling habits. All of these things also indicate to DCF that a child may be neglected or abused.
Protect your children by setting financial boundaries, seeking support, documenting concerns, and considering legal options like protective orders or custody modifications.
Laws vary, but states like Massachusetts address parental neglect due to gambling addiction, empowering agencies like DCF to intervene for child welfare.
DCF evaluates parental gambling cases by checking on children’s safety, conducting interviews, and assessing living conditions to ensure their well-being.
The court considers several factors to assess your fitness as a parent, including your current sobriety, the length and consistency of your recovery, and your adherence to any treatment programs.
They also look at the stability of your living situation, your employment status, and your ability to meet your child’s emotional and physical needs. The court may require periodic drug testing and progress reports from your treatment providers to monitor your ongoing recovery.
Yes, regaining custody is possible, but it involves demonstrating a significant and sustained change in circumstances. You will need to show clear evidence of recovery and a stable lifestyle.
Engaging in regular visitations, if allowed, and participating in parent training or family therapy can also strengthen your case. It’s crucial to work closely with a lawyer who specializes in family law to navigate the legal challenges and effectively present your case to the court.
Outcomes of a DCF investigation may include the allegations being supported or substantiated, which could lead to ongoing monitoring or interventions, or finding the allegations unsupported, which typically results in case closure. The investigation aims to accurately reflect the situation’s specifics and ensure the children’s safety.
If you disagree with a DCF decision, you can appeal by requesting a Fair Hearing within 30 days of the decision. At this hearing, you can present additional evidence and a supporting memorandum to advocate for your case. Outcomes of the appeal can affirm, reverse, or modify the original DCF findings, impacting the continued involvement of DCF in the family’s affairs.
After a DCF Fair Hearing, the outcome can lead to a reduction in DCF involvement or a complete termination of their services if the decision is reversed.
However, if the decision is affirmed, DCF may continue its oversight or intervention according to the initial assessment. It is crucial to understand that the appeal process is separate from any ongoing assessments, which may continue irrespective of the appeal’s outcome.
A 51A report is when someone tells the DCF there might be harm or neglect to a child. It starts the process. A DCF check is what happens next. The DCF looks into the child’s safety at home.
Yes, if the DCF finds a child is not safe, they might suggest changes. This could mean the child stays with someone else for a while. But a judge makes the final call on any changes.
The results can vary. Sometimes, no action is needed. Other times, the family might get help like counseling. In serious cases, there might be court action to keep the child safe.
Yes, you can refuse entry to DCF workers unless they have a court order. However, cooperating can sometimes help resolve the investigation more quickly.
While you can speak to the investigator without a lawyer, it is wise to have legal representation to protect your rights and ensure that you do not say anything that could be used against you inappropriately.
The length of a DCF investigation can vary depending on the complexity of the case. Typically, an investigation should be completed within 45 days, but it can extend if more information needs to be gathered.
Kevin Seaver is a trusted MA DCF Attorney Specialized in DCF Law since 1991.