What Makes You Successful for the MA DCF Investigation Process?

The Massachusetts Department of Children and Families (MA DCF), will begin the DCF investigation process when they believe a child is being abused or neglected. This means DCF has reason to suspect that a caregiver has intentionally harmed a child physically, emotionally, or sexually. The 51B Investigation happens after a 51A report is filed. DCF will investigate cases where the report describes a child who is not receiving adequate care. DCF will compile their findings into what is called a “51B report”.

How Does DCF Begin an Investigation?

Every investigation begins with an intake call. The Intake call comes from either a mandated reporter, non-mandated reporter, or anonymous reporters. During the call, a DCF social worker will take notes on the reporters call, and compile these notes into the 51A report. DCF does not need to name the reporter. Once the 51A is completed, the DCF social worker will decide to either “screen in” the report, which means they will conduct further investigations on the matter. The DCF can also “screen out” a report when they do not pursue any further investigations.

What is a 51A report?

The 51A report gets its name from Massachusetts General Laws Chapter 119 Section 51A. Section 51A, states:

“A report filed under this section shall contain: (i) the names and addresses of the child and the child’s parents or other person responsible for the child’s care, if known; (ii) the child’s age; (iii) the child’s sex; (iv) the nature and extent of the child’s injuries, abuse, maltreatment or neglect, including any evidence of prior injuries, abuse, maltreatment or neglect; (v) the circumstances under which the person required to report first noticed the child’s injuries, abuse, maltreatment or neglect; (vi) whatever action was taken to treat, shelter or otherwise assist the child; (vii) the name of the person or persons making the report; (viii) any other information that the person reporting believes this might be helpful in establishing the cause of the injuries; (ix) the identity of the person or persons responsible for the neglect or injuries; and (x) other information required by the department.”

What is the 51B Investigation?

Once the 51A report is screened in, a DCF social worker will begin the 51B investigation. The 51B investigator can come to your house unannounced and begin the investigation. They may come during the weekdays or weekends.

When DCF arrives, they are supposed to explain what the allegations against you are. It is important to cooperate with the DCF social worker. You may have a friend, relative, or attorney present to support you during the DCF home visit. They are required to speak to everyone in the reported household and the reported child.

The social worker will look for any signs of injury or emotional trauma in the children. They will evaluate the parents and the home environment. They may not search through closed drawers or cabinets unless you give them permission to do so.

If the house environment is deemed a risk during the home visit, they can take the child and hold them for five days. They cannot hold the child longer than five days without a court order.

The DCF investigator will reach out to other caregivers and collaterals to develop a better understanding of the situation. These people include other family members, teachers, doctors, coaches, and therapists. DCF is supposed to bring a translator with them to families that do not speak English well and is not their primary language.

A DCF investigation is not a public record; but aspects of the investigation can be referenced in other legal proceedings. DCF must put all the information they discover during the DCF investigation process into a “51B report”.

What does the Commonwealth say about the 51B investigation?

The 51B investigation gets its name from Massachusetts General Laws, Chapter 119 Section 51B. The statute explains that for a DCF investigation, the 51B investigator must make a “written evaluation of the household of the child, including the parents and home environment and make a written determination on the safety of and risk posed to the child and whether the suspected child abuse or neglect is substantiated.”

The statute also explains that when the report describes a sexually exploited child or a child human trafficking victim, DCF must sent the report to the district attorney and local law enforcement authorities. Even when the report does not mention a parent or caretaker abusing a child, DCF has to send the report to law enforcement.

Massachusetts General Laws, Chapter 119 Section 51B provides the time frames DCF has to complete emergency and non emergency investigations as well.

What Must the DCF Investigation Include?

Every 51B investigation has to include the following, according to Massachusetts General Laws, Chapter 119 Section 51B:

1. A determination of the nature, extent and causes of the injuries
2. A home visit where a DCF worker observes the reported child (if they need to)
3. The name, age and condition of all children in the house
4. An evaluation of the parents and the home
5. The identity of the person responsible for the abuse or neglect

After the investigation, DCF must determine whether or not the reported abuse or neglect is legitimate. DCF must also determine the safety levels, including the physical and emotional risks, of all the children in the family.

When Does DCF Avoid Investigating?

DCF will receive a 51A report, and they will begin the screening process. For emergency responses, MA DCF must screen the report at once. They must begin their investigation within two (2) hours of receiving the report. For non-emergency responses, MA DCF has one day (24 hours) to screen the report. The Department has three (3) days to begin the DCF investigation process. The process should decide whether: (i) the report meets the department’s criteria of child abuse or neglect, (ii) there are concerns for or threats to a child’s safety and well-being. Allegations need an emergency or non-emergency response. The report will be screened out if it does not meet the criteria of child abuse nor neglect.

What’s the difference between Emergency Investigation and Non-Emergency Investigations?

DCF with either screen in the 51A report  as an Emergency Investigation or a Non Emergency Investigation. They will screen in an emergency investigation if they believe a child is in immediate danger. This means DCF will begin the investigation within 2 hours after the 51A report was filed. The investigation will be completed within five working days. They can remove your children during an emergency investigation if they determine any immediate threats to the child during their visit. They need a court order to take the child from the home. A non-emergency response will happen if the child is not in any immediate danger, but abuse or neglect is still suspected. They have 24 hours to screen-in the report as a non-emergency response. After that, they have two business days to begin the investigation and must complete the DCF investigation within 15 business days.

What are my Rights during a DCF Investigation?

It is important to know your rights when being investigated by DCF. Minor mistakes can lead to terrible consequences. Parents may know what the allegations are against them when the DCF investigator comes to the house. The accused may have someone outside the home to be there. They have the right for an attorney to be present during any interactions with DCF social workers. 

Parents may speak with an attorney at any point during the investigation. When DCF takes the case to the court, parents have the right to a free attorney appointed to them. Anything parents say to a DCF social worker can be used against them in court.

Parents do not have to speak with the social worker or allow them into the home, but it may be in their best interest to cooperate. You do not have to take a drug test, but if you have nothing to hide, you should go ahead and take one. Unfortunately, if you fail a drug test, you will lose your kids. It is important to remember to never allow a 51B investigator alone with your child.

Parents may receive the MA DCF Parents’ Pamphlet before the investigation begins. The pamphlet will serve as a guide through the DCF investigation process . Parents may receive an entry letter notifying the family that someone filed a report of child abuse or neglect against them. Also, it warns them of the impending investigation. Parents have a right to receive a copy of the department’s decision.

What Mistakes Should I Avoid During a DCF Investigation?

Letting your case get to trial is the greatest mistake you could make during a DCF investigation. Do not let DCF build their case against you while you do nothing. Build your case on your own right away; collect all the relevant evidence you can, and get all of your important documents in order. Also make sure your home and your children are clean and safe. Be prepared for everything DCF will ask you. Those who are proactive are often the most successful with DCF. When you fail to plan, you plan to fail.

You should avoid the mistake of not hiring an experienced attorney specialized only in DCF. It is important to hire the right attorney for your case, however. You need a lawyer who will put you and your family first. You also need a lawyer who believes in you. If the attorney doesn’t have faith in you, the case is lost. The attorney should not judge you, but advocate for you and your goals. If your attorney doesn’t believe you, then the judge won’t either.

What do the 51B Investigation Results Mean?

The 51B investigation can end with one of four different results. The best possible result is when DCF finds the allegations against the family to be false. DCF will “unsupport” the allegations against them in that case, and will be out of the family’s life for good. If DCF is still unsure of the allegations, they will label the report a “substantiated concern“.

This means DCF can continue to stay involved with the family, with no actual evidence. They will assign a new social worker to the case to do another assessment. DCF will not put the alleged perpetrator’s name on the DCF Central Registry or the District Attorney’s Registry of alleged perpetrators. You can overturn this decision through the MA DCF Grievance Process.

If DCF believes the allegations are true, they will support the allegations once the DCF investigation process is over. After a supported decision, DCF will choose to do a family assessment when the allegations are against someone who lives in the home with the child. A supported decision by DCF will place the individual on MA DCF Central Registry.

To challenge supported decisions, caretakers can appeal for a DCF Fair Hearing within 30 days.

What is a SAIN Interview?

The Sexual Abuse Intervention Network (SAIN) interview is an interview between a child and a District Attorney.

When DCF screens in allegations of sexual abuse, they must send the report to the District Attorney’s (DA) Office. A victim of sexual abuse may have to report the incident multiple times. The purpose of a SAIN interview is to reduce the number of times a sexual abuse victim has to repeat the story and therefore re-live the trauma, 

People involved in a SAIN interview include the Assistant District Attorney, SAIN Coordinator, Forensic Interviewer, Family Service Advocate, Law Enforcement, and a DCF social worker. A Sexual Assault Nurse Examiner may be present. During a SAIN interview, the forensic interviewer conducts the interview of the child behind a one-way mirror room.

The interviewer often has an earpiece in their ear to hear questions from the team observing the interview from behind the one-way mirror. The team can see into the room with the interviewer and the child. The interviewer and the child cannot see out of the room. 

Parents and guardians cannot be present in the room or watch the SAIN interview. Sometimes, the parents and guardians may not even know that their child has been taken for a SAIN interview, such as when a child is taken out of school.

When Would my 51B Investigation Lead to a Fair Hearing?

A Fair Hearing is an opportunity for the accused to be heard. Parents facing a supported decision after the DCF investigation process must appeal for a fair hearing within 30 days. If you cannot ask for a fair hearing within 30 days of the decision, you will never reverse this decision. These hearings are judged by a fair hearing officer. Once DCF supports an allegation against you, it is on your record unless you appeal this decision. Parents can request a fair hearing to fight wrongfully supported decisions. Parents can also fight DCF if they violated the law or their own regulations. These allegations on your record might ruin your life.

The hearing itself takes no longer than 2 hours. MA DCF will go over the allegations against you. They will provide evidence for their decision. After they present their case, the accused will provide their side of the story using evidence to dismantle DCF’s allegations. The fair hearing officer has 60 days to decide. Three decisions can be made. The allegations are overturned, unchanged, or sent back to the DCF area office for further investigation. 

What is a Motion for Discovery?

A motion for discovery is vital to every case, not just DCF cases. It is a motion made to the court by the party of a criminal proceeding or civil lawsuit. The purpose of this motion is to get information or evidence on a case.

It is important to file a Motion for Discovery before your DCF Fair Hearing. The fair hearing process is a chance for you to fight the supported allegations against you. This is only possible if all the evidence submitted is available for review. Once you have all the evidence, you can go through it and dismantle DCF’s supported allegations piece by piece. You cannot be denied discovery of evidence. DCF can not present any surprising evidence on the day of any hearings or court dates.

Is a Grievance Appeal Relevant as Part of my Investigation?

A Grievance appeal gives the accused a chance to address the actions of the DCF. This occurs when DCF has labeled the 51B investigation a substantiated concern. You can also file grievances outside of a DCF investigation. If DCF cannot grant a request for child services or protective services, grievances can be filed for denying a foster care application because they are ineligible. If DCF revokes a foster or pre-adoptive license, the grievance must be made within 30 days of DCF’s mistake.

How Do Parents Usually Feel During a DCF Investigation?

The DCF investigation process has the power to turn entire households upside down. Parents and caretakers involved with DCF often feel extremely stressed. They stop eating and sleeping, which leads them to stop thinking. Parents can’t seem to stop feeling hopeless, lost and overwhelmed.

Self-care is always important, but during bad times you should seek additional help. You should also crack down on certain bad habits. You should cut out caffeine, alcohol, and try getting more sleep and exercise. It will be beneficial to seek a therapist for your own needs when dealing with DCF. The Department of Children and Families does more against families than for them.

They state that their goals are to keep families together, but more often than not this is not the case. Do not let the DCF anxiety prevent you from winning your case. The best way to cure DCF anxiety is to get ahead of them with a plan. Do not let the allegations and the twisted reports get to you, stick to the facts and get DCF out of your life.

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.