How to Best Handle Every DCF Assessment: Here Are Benefits and Risks

DCF Assessment

How to Best Handle Every DCF Assessment: Here Are Benefits and Risks

Because of the many possible benefits and risks, the best way to handle a DCF Assessment by the Massachusetts Department of Children and Families (MA DCF) is to know your rights. You should understand what is happening, cooperate when appropriate, and most importantly, involve your MA DCF Attorney. 

What is a MA DCF Assessment?

The MA DCF assessment, also known as a family assessment is to see if your family needs services. A Social Worker from the Department works with you and your family by visiting with you in your home. The social worker is also supposed to meet with other people that are close to your family. 

The assessment includes:

  • Face to face contact with you as the client.
  • Collateral contacts with persons the social worker deems necessary, including but not limited to extended family, previous or current service providers, and any other resources identified by you as the client.

According to DCF policy, “Family Assessment is the Department’s family-focused, participatory process of gathering information about the family’s history, functioning, strengths and needs about how well the safety, permanency and well-being needs are being met for the child.”

When is a MA DCF Assessment Required?

According to 110 CMR 5.02, “An assessment of a family’s or individual’s needs for services must be completed for each new case. For cases which were previously assessed, closed, and are re-opened, a new assessment is not required. However, an update of the assessment, in particular a current evaluation of family functioning, must be completed.”  

What Happens During the MA DCF Assessment?

During the assessment, the social worker will have a minimum of three in- person interactions with you and your children, as well as with other individuals residing at the house. All children are visited a minimum of two times during the assessment. The first face-to-face contact is supposed to occur within five (5) working days from the day the case was assigned to the social worker. Assessments are used to determine what changes or services family members could benefit from in relation to the incidents that led to the initial investigation.  The new social worker will try to get to know you and your family during the assessment period.

How is the Assessment Conducted According to DCF?

According to 110 CMR 5.04, there are ten (10) things that need to be done for a DCF assessment. 

  1. A social worker is assigned to the case and reviews all the information on it. 
  2. The social worker and family work together to decide which family/household members will be part of the assessment. 
  3. The social worker identifies and tries to make contact with any other individuals such as extended family, friends, service providers etc. If the family gives permission, the social worker will contact these collaterals, otherwise, the worker notes the lack of permission in the dictation. 
  4. There is a minimum of three face-to- face contacts with the parents and others that live in the home. The first contact must happen within 5 days of the assignment of the assessment. Two of the three visits must be in the home. The children must also be visited a minimum of 2 times. 
  5. If the social worker is unable to correctly complete the visits on time, they will discuss why with their supervisor. 
  6. When cases are opened because of a supported investigation, under M.G.L. c. 119, § 51B, the social worker tells the family that they can give information about the investigation decision. 
  7. The social worker should request a check of the Registry of Alleged Perpetrators for all household members. If it is a protective case, the social worker and their supervisor will decide if there needs to be a CORI check on a household member. 
  8. When cases are opened because of a supported investigation, under M.G.L. c. 119, § 51B, and the family refuses to take part in the assessment, the social worker and supervisor consult with the Area Director with the Department attorney to see if there are any risks and needs to pursue legal action.
  9. Documentation: all information gathered during the assessment process is documented
  10. Outcome: when the assessment is complete, the social worker and supervisor determine if the case should stay open or be closed.

What Are the Four Stages of a DCF Assessment?

The Massachusetts Department of Children and Families (MA DCF) will conduct a family assessment to evaluate a family’s needs and connect them to services. MA DCF determines a family’s needs based on:

  • How well the family is able to care for the children in the home
  • How well the child thrives in the home environment with the family

There are four stages of the MA DCF assessment:

  1. Family Profile and Functioning
  2. Parental Capacities Evaluation
  3. Child Safety, Permanency and Well-being
  4. Clinical Formulation

The purpose of having these various stages is too ensure that DCF addresses all the family’s needs.

DCF Investigation
DCF Investigation

What Happens During the “Family Profile and Functioning” Section of the DCF Assessment?

In the “Family Profile and Functioning” stage of the family assessment, the social worker assigned to your case will try to understand how the family has been functioning. Your social worker will look into your family’s personal history and your family’s history with MA DCF.

The social worker will also examine the family’s previous involvement with child welfare agencies in other states. The purpose of this stage is for the social worker to understand how the family has protected the reported child’s safety, health and well-being. 

What Happens During the “Parental Capacities Evaluation” Section of the DCF Assessment?

During the “Parental Capacities Evaluation”, the social worker assigned to your assessment will evaluate all the parents and caretakers of the children. The social worker will assess how well each parent or caretaker can care for and protect the child in question. The social worker will evaluate whether the parent or caregiver has the following:

  1. Access to and use of support in times of need or emergency
  2. Resilience
  3. Knowledge of parenting and child development
  4. Ability to build a child’s social and emotional competence (nurturing and attachment)
  5. Social connections

What Happens During the “Child Safety, Permanency, and Well-being” Section of the DCF Assessment?

In the “Child Safety, Permanency, and Well-being” part of the assessment, your social worker evaluates the children in the family. The social worker will create a profile for the child which will reflect the child’s role in the family in addition to their distinctive needs and abilities.

Your social worker will determine the child’s permanency plan in this stage. The social worker will also assess the child’s social and emotional functioning, health, development, safety, and cognitive and academic functioning.

What Happens During the “Clinical Formulation” Section of the DCF Assessment?

In the “Clinical Formulation” phase of the assessment, your MA DCF social worker will determine priorities in the Action Plan. Priorities would be the services most conducive to the safety and well-being for the child in question.

During this phase, MA DCF decides whether it is necessary for them to continue to be involved with your family. When a family has demonstrated that they are able to support and care for the children in the home, MA DCF should close the case and stop being involved.

Unfortunately, MA DCF does not give up easily. The Department will be relentless in their involvement with a family in the name of acting in the best interests of the child. Make sure you are aware of your rights when involved with MA DCF. You should not be subjected to an extremely long and invasive assessment when you do not need to be.

What Services Does DCF Offer that Might Help Your Family?

DCF services include:

  • Day-care
  • Parent-aides to help you with some of the things you need to do for your child
  • Counseling for you and your children
  • Parenting education
  • Help with housing and utilities, and/or
  • Other things to help your family

What Does DCF Look For in a Home Visit?

Though there is no official “DCF home visit checklist”, parents should know that the purpose of the home visit is to determine all red flags or potential harms to your child’s safety, health and well-being.

These red flags include chemicals, illegal substances, open medications, sharp edges (e.g. the house is not baby- proofed when there is a baby living in the home). Also large windows with no protective screens which children can fall out of.

MA DCF is also looking to make sure there is enough food in the fridge, there are no dirty clothes in sight, all the medicine is locked away, all cabinets have locks on them, windows, doors, and the bedrooms of the children are safe for them to play and sleep in. 

It is crucial to understand that during a home visit, MA DCF is looking for evidence against you. The social worker may want to photograph the interior of your home during their visit. Parents are advised to follow behind and take their own photographs.

 

DCF Home Visits in the Time of COVID-19

The DCF social worker had been visiting my client’s home once a month for the past two months as part of the the DCF Assessment.

One week during the COVID-19 pandemic, the DCF social worker called to do one last home visit “before closing the case”.  I asked the DCF social worker how we could accomplish what she is required to do while keeping everyone “safe”.

I asked  the social worker to be creative with this home visit as we did not want her in the home. She clarified that she did not want to enter the home. We agreed on  a 12:30 pm “drive by” home visit. She would see the children outside in the driveway or on the porch. “Not much of a home visit,” said my client. I pointed out that this accomplishes DCF’s purpose.

Then, the mother asked me what she should tell her two children as to why they are outside. I thought back to when I first pulled up to the family’s home for my first monthly home visit: the 15-year-old son was shooting hoops  in the driveway.  I suggested Mom go outside and shoot hoops with her two children which she did on a regular basis. Having the family play basketball in the driveway would be innocent fun and would seem normal to the children.

In these uncertain times, it is crucial to protect your children foremost. Be creative with the Child  Protective Service by making alternative arrangements when they request for you to meet with them. I know this sounds like common sense,  but I must point out that “common sense is very uncommon”.

We must practice “safety” first, especially when our families are involved. These times are different but they do NOT have to be difficult. We must all work together to make these times better for everyone.

Can I Refuse to be Part of the DCF Assessment? 

When cases are opened because of a supported investigation, under M.G.L. c. 119, § 51B, and the family refuses to take part in the assessment, the social worker and supervisor consult with the Area Director with the Department attorney to see if there are any risks and needs to pursue legal action.

How Long Does a MA DCF Assessment Last?

According to 110 CMR 5.03, “A full assessment must be completed within 45 working days after the initial contact event/case opening (i.e., the date of a supported investigation, Voluntary Application, or referral from a court) and include evaluation of risk to children based on factors identified in the Department’s Risk Factor Matrix. 

Do You Have to Cooperate with DCF During an Assessment? 

When a DCF assessment is being completed and the family refuses to cooperate, the worker may talk with his/her supervisor and the Area Director to determine risk to the children and if any legal action needs to be taken. Taking custody of your child may be required.

Do I Need a DCF Lawyer During a DCF Family Assessment?

Yes! You want to get DCF out of your life as soon as possible. The best way to do so is to hire Attorney Kevin Seaver. Heed DCF’s advice and exercise your right to counsel.

Getting the right lawyer is key for winning your case against DCF. A lawyer who tells you to comply with the Department every step of the way is not the right one. But one who fights back and tells DCF that they are not doing their job is the right one.

Your DCF attorney should be your insurance policy. Find a lawyer who will understand and sympathize with your family’s distinctive needs.

Hiring an experienced lawyer will protect your rights and reduce the chances of you losing your children. Turn your negative experience with DCF into a positive outcome.

Does MA DCF Open Assessments After Every Supported Decision?

In short, no, they do not open assessments after every supported decision. MA DCF only opens an assessment when they believe that an investigation has revealed issues that could be resolved through family services. Where an assessment would not be appropriate would be in situations where the alleged perpetrator does not have a direct custodial role of the child in question. This could be a teacher, coach, nurse, guidance counselor, camp counselor, or even a babysitter. These individuals do not live with the child so family therapy, parent education, or even counseling would not be applicable.

Can I Change My Social Worker?

Maybe. My advice is almost always to try to keep your current social worker and try to work things out. 

But for whatever reason there may be, when you have a nasty DCF social worker, do not ask for them to be removed from the case. This is because the devil you know is better than the devil you do not. I had a case recently where the client, absolutely, positively hated the social worker, made a lot of noise and got the social worker removed from the case.

 DCF put another social worker on the case, but again the devil you know is better than the devil you don’t know, the second social worker was a thousand times worse than the original social worker and DCF knows that if you’re ever having a problem with a social worker, believe it or not they may retaliate it against you by putting a worse social worker on your case. So, stick with your current social worker, do everything that you can, to work out what you need to work out to make it happen and turn that DCF negative into a positive. 

 

How Does a DCF Assessment End?

At the end of the 45-working day (3 month) DCF assessment, the social worker and supervisor will determine assessment results and whether the case will stay open or closed. When DCF determines that the case is staying open, DCF will decide who in the family will receive services and be included in the service plan after the assessment. You may receive verbal or written notification from the DCF social worker with the outcome.

In the DCF family policy at the end of the DCF assessment there is a question for the DCF assessment worker to answer. At the end of the DCF assessment, the social worker must answer the following question: should this supported decision be overturned and the allegation be unsupported against you? This now requires the DCF Area Office to consider whether the DCF child abuse report should be overturned, and therefore unsupported at the close of the assessment period.

What is a MA DCF “Service Plan”?

There is no such thing as a “service plan” anymore. It is now called an “action plan”. Usually you will get an action plan at the end of the assessment. The action plan describes the services you will get. The action plan also tells you all the things you have to do. It may include things like:

  • Going to counseling
  • Making sure your child gets to school on time
  • Making sure your child does his or her homework

What is a “Supported With Assessment” DCF Outcome? 

One of the ways to have allegations of child abuse or child neglect supported against you is through the “Supported With Assessment” decision.

After the 51B investigation is completed, The Massachusetts Department of Children and Families will determine whether the child can keep living with their parents at their home, or whether the child should be taken away. 

This decision is a final, non-remedial decision to find individuals guilty of child abuse or neglect that occurred by an alleged perpetrator, in most cases a relative or family member.

How Does DCF Reach Their Decision to “Support Their Allegations?

The Department bases their decision off of many factors collected during the investigation including, 

  • Direct disclosure by the child(ren) or caregivers
  • Physical evidence of injury or harm
  • Observable behavioral indicators
  • Corroboration by collaterals (e.g., professionals, credible family members)
  • The social worker and supervisor’s clinical base of knowledge

Does a “Supported With Assessment Decision” Mean my Name Goes on MA DCF’S Central Registry?

A Supported Decision, prior to any appeal, likely resulted in placement on MA DCF’s Central Registry. The Central Registry is established under MGL Chapter 119, Section 51F, it is a list of names of all perpetrators who have had allegations “Supported” against them. 

When the allegations against you are supported, your name will be added to MA DCF Central Registry. When the allegations are supported for sexual abuse, your name will also be put on the Registry of Alleged Perpetrators.

Can I Appeal my MA DCF Supported With Assessment Decision?

You have 30 days from the date of the MA DCF Supported Decision to appeal the decision before a MA DCF administrative hearing also called a Fair Hearing. The Fair Hearing involves an informal hearing, which generally includes the alleged perpetrator and his or her attorney, the Fair Hearing Officer, and one or more representatives of the DCF regional office that conducted the investigation.

Supported Allegations of child abuse or child neglect can ONLY be reversed through a Massachusetts Department of Children and Families Fair Hearing. You have thirty (30) calendar days from the date of your supported decision to file a Fair Hearing. Failing to file in a timely manner may result in the waiver of your legal right to appeal.

You should appeal as soon as you learn of the supported decision. After 30 days is up, there is no way to reverse a decision.

You cannot file a grievance to reverse a Supported Decision.

 

What is a “Supported Without Assessment” Decision by MA DCF? 

 

This decision is a final decision to find individuals outside of the home guilty of child abuse or neglect. You always have the chance to appeal. Family services would not be appropriate due to the nature of the relationship of the alleged perpetrator to the child. This could be a decision assigned to any caregiver when the child is not in the direct custodial care of the alleged perpetrator. 

What is a “Unsupported” Decision by MA DCF? 

When the allegations are given an “unsupported” decision after a Massachusetts Department of Children and Families (MA DCF) investigation, the case stops there. The Department does not stay in the family’s life and offer services to the family.

MA DCF’s official definition of “unsupport” is:

“ to find after an investigation a lack of reasonable cause to believe a report that a child has suffered abuse or neglect inflicted by a caretaker. ‘Unsupport’ means the same thing as the…phrase ‘Unsubstantiate.’”

 

What is an Example of a “Unsupported Decision” After A MA DCF Investigation?

The Massachusetts Department of Children and Families (MA DCF) will “unsupport” allegations of child abuse or neglect in certain cases. These cases include the following:

  • When the child abuse or neglect allegations were false
  • If the family does not need MA DCF’s help to prevent future abuse of the child
  • When the allegations are against someone who was not a caretaker

What is an Example of When MA DCF Determined a Family did not Need the Department’s Help in Preventing Future Abuse of the Reported Child? 

MA DCF got a call reporting that a very young child accidentally swallowed some of his grandmother’s pills. The investigator screened in the report as a non-emergency response and began investigating the grandmother for child neglect.

As DCF carried out their investigation, they found that the pills were actually allergy medication. That medication would not have harmed the child. They also learned that the grandmother had kept the pills in a locked cabinet, above the kitchen counter.

What happened was, the child climbed onto the counter, broke the lock on the cabinet, and took the pills out himself. He was hyper because it was Easter Sunday and he had too much candy.

The child neglect allegations against the grandmother were unsupported. The MA DCF investigator determined that the grandmother took precautions to prevent the situation by keeping the medication out of reach of the child. DCF closed the case and stopped being involved with the family. There was no need for the Department to help the grandmother in being an appropriate caregiver or caretaker.

What is a “Substantiated Concern” Decision by MA DCF? 

When the Massachusetts Department of Children and Families (MA DCF) decides the child abuse or neglect allegations are of “substantiated concern” after an investigation, MA DCF is unsure of whether or not the allegations are true. But, MA DCF still believes there is significant concern to the child’s welfare.

The “substantiated concern” decision is a quasi-official decision by the MA DCF Investigator and Supervisor. This decision blends the elements of “supported” and “unsupported” decisions by MA DCF. It gives the Department an opportunity to stay involved with a family even when there is not enough evidence of child abuse or child neglect.

When Does MA DCF Enter A Decision of “Substantiated Concern”?

The Massachusetts Department of Children and Families (MA DCF) can decide that child abuse or neglect allegations should be of “substantiated concern” after a MA DCF investigation.

When MA DCF enters a decision of “substantiated concern,” it means the Department did not have enough evidence to prove the allegations were true or false. This decisions means the child was only at risk of abuse or neglect, but not   actually being abused or neglected.

MA DCF’s official definition of “substantiated concern” is a situation where:

“there is reasonable cause to believe that the child was neglected; and [t]he actions or inactions by the parent(s)/caregiver(s) create the potential for abuse or neglect, but there is no immediate danger to the child’s safety or well-being.” (as stated in MA DCF 2015 Protective Intake Policy)

What Happens After MA DCF Makes a “Substantiated Concern” Decision?

When the Massachusetts Department of Children and Families (MA DCF) makes a “substantiated” decision after an investigation, the case does not stop there.

 MA DCF will assign a new social worker to work with the family through a MA DCF assessment. The Department’s job during the assessment is to evaluate the safety of all children in the family they investigated. MA DCF will provide the family with recommendations on:

  • How to solve their problems which caused the 51A report
  • How to properly care for all the children in the family’s home

Does a “Substantiated” Decision Mean Your Name Goes on MA DCF’s Central Registry?

Alleged perpetrators facing a “substantiated concern” decision will NOT have their names added to the Massachusetts Department of Children and Families’ (MA DCF) Central Registry. Alleged perpetrators will only have their name placed on the MA DCF Central Registry for “supported” decisions.

DCF will refer the case to the District Attorney when the allegations are criminal in nature. The alleged perpetrator’s name will not be added to the District Attorney’s Registry of Alleged Perpetrators when the decision is of “substantiated concern.” 

How Can Parents Appeal an MA DCF Substantiated Concern Decision?

Parents can appeal a “substantiated concern” decision. They can only do this through the MA DCF Grievance Process.

The MA DCF Grievance Process will be an informal meeting between you, your DCF social worker who decided to substantiate the allegations against you, and a DCF authority figure. The authority figure will most likely be one of the following:

  • The MA DCF Regional Clinical Director
  • MA DCF Area Clinical Manager
  • MA DCF Area Program Manager 

 

During the Grievance Process, you should explain why they do not agree with the substantiated concern decision. Parents can present the facts themselves, or hire an experienced MA DCF attorney to represent them. To request the Grievance Process, you must write a letter to the MA DCF Area Office which made the “substantiated concern” decision against you.

In your letter, include all the reasons why the decision should be reversed. You must write this letter within thirty (30) days of receiving notice of the decision. Alleged perpetrators cannot appeal “substantiated concern” decisions through a Fair Hearing.

How Do I Request for a Fair Hearing After my DCF Assessment? 

You can request for a DCF Fair Hearing by writing a letter to the Department.

  1. Hand deliver a letter to the Fair Hearing Unit. Visit the DCF Fair Hearing unit at 600 Washington Street, Floor 5, Boston, MA 02111. Give your letter to a relevant person who will make sure your request is processed.
  2. Send a letter to the Fair Hearing Unit via first class mail. Your letter should be sent to the DCF Fair Hearing unit at 600 Washington Street, Floor 5, Boston, MA 02111.
  3. Send a fax. Fax a letter to the DCF Fair Hearing unit at (617) 748 2042.
  4. Send an email. Send an email with your request for a fair hearing to [email protected].
  5. Fill out a form on the DCF portal. DCF has a form you can fill out on their website which will serve as a request for a Fair Hearing. Go to www.mass.gov/fair-hearing-unit to find the form.

You have thirty (30) days of learning DCF’s decision for the outcome of your case to request for your fair hearing

How do you fight DCF in MA?

What do parents who rise and achieve their DCF goals do? They hold on to their vision for the future and are unwavering in their motivation. These parents learn how and when to pivot, change and let go of failure to move into success.

Habits of these successful parents are worth emulating.

  1. Turn a “negative” into a “positive”.

When parents involved with DCF turn a negative into a positive they succeed every time. Be confident in your abilities in the face of those who doubt you! Some parents feel criticized and judged by DCF constantly.  Parents tell me that their, “worker does not respect me”.

Sometimes, even family and friends behave the same when they hear about the DCF involvement. The Danny Downers, and the Negative Nancy’s everyone has in their life have countless stories about how their struggles have no end in sight.

Turn being underestimated by DCF, family and friends into motivation to do better. You should not listen to MA DCF. For Danny and Nancy to change they would have to be born over again. Their experience does not have to be yours. March to your own music, and if you have no music, make your own.

  1. Choose progress over perfection.

Perfect can stall progress and movement in major ways. Take action quickly, and let go of idealizations. Perfection does not exist, but progress most surely does.

  1. Ask DCF, your family and your friends to recognize your accomplishments.

To be successful, you need to be bold and confident. Successful parents make their accomplishments known and ask to be recognized for those accomplishments by DCF in writing. Do NOT wait for DCF to notice your accomplishments. Instead, you should put what you have done into writing.

  1. Take action even when outcomes are unknown.

Instead of waiting to feel 100% confident in your decision or the intended outcome, successful parents take action. Trying and failing allows parents to learn what works and what does not. Eliminate what is not working and double down on what is working! Successful parents know that to take action despite fear and uncertainty is how they will get ahead.

  1. Join support groups that help motivate each other.

Many parents have told me they are not a “joiner of groups”. But when they join, they find out that other parents can inspire them. One client stayed in a group long after she had completed what the group asked of her, as it gave her great sense of leadership. She also loved helping her fellow peers. There is enough room in the world for everyone to thrive and be successful by helping each other. We need not pit parents against each other. Successful parents motivate and encourage each other to be their “personal best”. Jealousy and negativity only distract you from your goal, in addition to the negative “karma” it brings.

  1. Mentor other parents.

Mentoring others keeps you closer to the ground and to reality. As you go up the ladder of success, things might change for you in terms of how DCF sees you.

  1. Master the art of reading body language.

Parents are born to nurture and care, and as a result, they have incredible powers of reading implied meaning. Parents understand their child’s needs and subtle changes in their behavior. These parental superpowers have helped many parents successfully reach great heights. Tap into your super power as a parent. It is there but sometimes you have to reach deep inside to find it. Start reaching today.

  1. Share ideas freely.

Don’t be afraid to brainstorm and share ideas with other parents freely. There is no one set of strategies, just like there is no one shoe size which fits everyone. Parents involved with DCF are sharing success and how they got there with others which is empowering for all. Also don’t be afraid to ask other parents questions about how to go about your DCF case. It may feel embarrassing sharing your struggles, but you never know who else needs to hear the answer to your questions. Sharing ideas not only helps you figure out your next steps, it also gives you an opportunity for a support system.

  1. Share your story.

You never know what you can gain from a simple conversation. When parents share their stories, they show other parents what actions they should or should not take. The benefits of the insights gained at parenting groups can’t be emphasized enough. Sharing your story is a “win-win” for everyone.

  1. Be fearless and confident.

Parents who are fearless and confident get DCF out of their lives for good. Everyone’s situation is different. That does not mean it must be difficult. Trust your gut. You have a PhD in your child and you know how to be a better parent. Now go do what you know is right, and protect your children.

DCF Investigations in Massachusetts
DCF Investigations in Massachusetts

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.

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