How a Single 51A Report Can Kickstart the MA DCF Investigation
The MA DCF investigation by the Massachusetts Department of Children and Families (MA DCF) begins with just one phone call. When someone suspects that a child has been abused, they call DCF to file what is called a 51A report of child abuse or neglect. The 51A report is named after Massachusetts General Law chapter 119 section 51A.
What Happens when DCF Files a 51A Report?
When DCF files a 51A Report, they will probably do a MA DCF investigation. But before a MA DCF investigation begins, the Department has to figure out whether or not there is a current threat to the child’s safety. They do this through what is called a “screening process”. When the allegations concern child sexual abuse, the 51A report will be sent to the District Attorney’s office.
DCF can only file a 51A report when they get a call from a reporter who suspects child abuse or neglect of a child they are familiar with. There are three types of reporters that can make a report to DCF: a mandated reporter, a non-mandated reporter, and an anonymous reporter. Mandated or non-mandated reporters may have to provide DCF their contact information. Anonymous reporters do not give such information.
What is in a 51A Report?
The 51A report will include the following information:
- Date of the report
- DCF area office that filed the 51A report
- The screening decision and the date of that decision
- The names, phone numbers, addresses and dates of birth of the children and alleged perpetrators
- The primary language of the children and alleged perpetrators
- The race of the children and alleged perpetrators
- Whether the perpetrator is an adult or child, and lives in home or out of home
- The contact information of the reporter and their relationship to the family (may be redacted)
- The reported concerns or reasons for calling in the report of child abuse or neglect
- The allegations against the alleged perpetrators (either sexual abuse, physical abuse, or neglect)
How are Mandated, Non-Mandated & Anonymous Reporters Important for a MA DCF Investigation?
All the reporters to DCF are members of the community. They either do or do not work with children as part of their job. After the report is filed by a mandated, non-mandated, or anonymous reporter, DCF goes into what is called the “screening process”.
MANDATED REPORTERS
Mandated reporters are people who work with children including teachers, doctors, and police officers. They must file a report immediately after they suspect a child is suffering from abuse or neglect. They must also submit a written report to DCF within 48 hours of calling.
Labeling individuals as mandated reporters is a safety measure. For example, only the principal of a school makes a report to DCF even though all teachers are mandated reporters. All teachers must report to their principal when they suspect child abuse or neglect.
NON-MANDATED REPORTERS
A non-mandated reporter is anyone who is not a mandated reporter, but wishes to report abuse of neglect. Non-mandated reporters include friends, family members, neighbors, and etc.
ANONYMOUS REPORTERS
Only non-mandated reporters can be anonymous reporters. It is against the law for mandated reporters to be anonymous. One pitfall of anonymous reports is that some are made to DCF out of revenge or spite. It is frustrating for families because they will never know who made the allegations.
What is the DCF Screening Process Before the MA DCF Investigation?
After a 51A report is filed, DCF determines the safety of the children through the screening process. Through the screening process, DCF will either screen in or screen out the report. DCF must begin a MA DCF investigation after “screening in” the report. The MA DCF investigation is also called a 51B investigation. It is named after Massachusetts General Law chapter 119 section 51B.
Right after the report is received or while the report is being made, social workers gather relevant information about the allegations in order to determine if they meet the criteria for suspected abuse or neglect. If the 51A is screened in, they will investigate the child’s family. DCF has to “screen in” a 51A report within 24 hours. When DCF screens out a report, the case goes no further. The family is free from any more DCF involvement.
When Does DCF Screen Out a Report?
DCF screens out a report when they don’t think it is necessary to do a MA DCF investigation. DCF will screen out the report for the following reasons:
- The alleged perpetrator is not a parent/caretaker.
- It is not a current allegation of child abuse or neglect (and the child is no longer at risk of future harm)
- The reported child is over 18 years of age
- Duplicate reports containing the same allegations about the same family
- The reported child lives in a different state
What Happens when the MA DCF Investigation Begins?
When DCF begins their investigation, first they will try to see the children. When they start the investigation, a social worker will visit the reported family’s home. Sometimes, they make this home visit with a police officer; this usually happens when there are also criminal charges. If the child does not currently live at home, they will visit the child wherever they are. Then DCF will collect the contact information for everyone they want to interview to determine whether the allegations in the 51A report are true or not.
Every MA DCF investigation consists of interviews of the child, caretakers involved, and other collateral contacts. The DCF investigator must also visit the home or location of the reported incident. There are two types of investigations: emergency and non-emergency investigations.
WHAT IS AN EMERGENCY MA DCF INVESTIGATION?
Emergency investigations are DCF investigations of child abuse or neglect when the child is in immediate danger. The emergency investigation begins within 2 hours of the report. The investigation must end within 5 business days.
WHAT IS A NON-EMERGENCY MA DCF INVESTIGATION?
Non-emergency investigations are DCF investigations of child abuse or neglect when the child is not in immediate danger. Non-emergency investigations begin within 3 business days and end within 15 business days.
What are the Outcomes of a MA DCF Investigation?
After a MA DCF investigation, DCF will make a decision about the allegations. There are four (4) possible decisions:
WHAT IS AN UNSUPPORTED DECISION?
When DCF “unsupports” allegations, DCF closes the case and leaves the family alone.
WHAT IS A SUBSTANTIATED CONCERN DECISION?
A “substantiated concern” decision, means DCF does not know if the allegations are true. A substantiated concern decision means the case is still open; DCF will keep communicating with the family.
WHAT IS A SUPPORTED DECISION?
A “supported” decision, means DCF believes the allegations in the 51A report are true. DCF will add your name to the DCF Central Registry, and possibly remove the child from their home. With allegations of sexual or physical abuse of a child, DCF will also add your name to the Registry of Alleged Perpetrators.
WHAT IS A SUPPORTED DECISION WITH A FAMILY ASSESSMENT?
A DCF supported decision with an assessment is an outcome of a MA DCF investigation. With this decision, DCF ends the investigation but keeps the DCF case open. DCF will not remove the child from the home…they will try to work with the family instead during a DCF assessment.
DCF will assign your family to another social worker. This new social worker will monitor your family’s progress and make suggestions for services or programs designed to improve the family’s conditions. For example, the social worker might recommend family therapy, couple’s therapy, parenting classes or domestic violence programs. DCF will still add your name to the DCF Central Registry and the Registry of Alleged Perpetrators.
How Can Parents Get Rid of a Supported Allegation of Child Abuse or Neglect?
Parents can get rid of a supported allegation of child abuse or neglect through the DCF Fair Hearing. A Fair Hearing is part of the DCF appeals process where parents can present their side of the story to an impartial third party (a.k.a. a Fair Hearing Officer).
You must request for a DCF Fair Hearing within 30 days of receiving the supported decision. During a Fair Hearing, parents and caretakers can call in your own witnesses and challenge DCF’s evidence. You can file an appeal through mail, email, fax, or phone. In the appeal, include the following information:
- Your name
- Date of the decision
- The decision you want to appeal
- DCF area office which made the decision
- Names of the reported children.
You must send a copy of this request to the Area Director of the office which made the decision.
MAIL: 600 Washington Street, 6th Floor, Boston, MA 02111
EMAIL: [email protected]
FAX: (617) 748-2062
PHONE: (617) 748-2030
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.