How Can MA DCF Policies and Procedures Help You Save Your Family?

How Can MA DCF Policies and Procedures Help You Save Your Family?

Understanding rules for the Massachusetts Department of Children and Families (MA DCF) can help prepare you for your DCF case. MA DCF is a part of the Massachusetts state government, and so DCF policies and procedures are regulated by government statutes. DCF rules and regulations can be found under the “Code of Massachusetts Regulations” within Title 110. It is also known as “110 CMR”.

What Rules Must MA DCF Follow?

The Massachusetts Department of Children and Families (MA DCF) is a state agency that must follow a strict set of rules, policies and procedures. Many parents and caregivers have confusion on the difference between DCF policies and DCF regulations. It is important to note that they are different, but what is it that makes them so different?

A brief walk through each of these very distinct but equally important sets of rules can help us better understand how DCF works. With that in mind, look at what each of these policies and regulations support – and how it can help you during your potential investigation or involvement with Massachusetts DCF. 

What Are DCF Regulations / DCF Policies and Procedures?

DCF policies and procedures are the administrative rules that DCF makes themselves to govern the operations of child welfare and protection. These rules help to ensure all DCF employees are treating clients fairly and in accordance with standards like those outlined in the DCF investigation process. There are nineteen (19) unique and specific regulations under 110 CMR, all of which deal with the “Principles and Responsibilities of the Department of Children and Families.”

What Is The Administrative Activities Section Of MA DCF Policies?

Administrative Activities is the first section of DCF policies. Within this section, one can find the policies that dictate the internal operations of the Department as they relate to case operations. Within this section is contained the Appeal of Court Orders & Decisions Policy, Conflict of Interest Policy, Fair Hearing Office & Grievance Policy, Research and Survey Approvals Policy, Rental Car Policy, Release of Adoption Records Policy, Sliding Fee Policy, Travel Reimbursement Documentation, Submission and Approval Policy and Workplace Violence Prevention Policy. 

Why Should Parents Focus Child And Family Case Practice Part Of MA DCF Policy?

Child and Family Case Practice Policy is much more important for parents and caregivers to become familiar with. Especially during DCF involvement, one can better prepare for investigative practices by being aware of the various details included in this section.

For example, the Case Closing Policy section is is included in the “Child and Family Case Practice Policy”. This section contains a very important set of rules regarding DCF policies and procedures on how to get your DCF case closed.

Also included in the section are references to the Case Transfer Policy, Foster Care Review Policy, Ongoing Casework Policy, Family Assessment & Action Planning Policy and the Children who are Missing or Absent Policy. 

What Is Ma DCF’s Philosophy?

MA DCF’s philosophy, or mission statement is contained in 110 CMR 1.01. It specifically states:

“The policy of the Commonwealth of Massachusetts and therefore of the Department of Children and Families (Department) is to strengthen and encourage family life so that every family can care for and protect its children. To that end, the Department will make every reasonable effort to encourage and assist families to use all available resources to maintain the family unit intact. However, for so long as a family cannot or does not provide the necessary amount of care and protection for its children, the Department will intervene to protect the right of children to sound health and normal physical and mental development.

These dual obligations – to protect children and yet simultaneously to respect the right of families to be free from unwarranted state intervention – present an inherently difficult balance to strike. Yet, this is precisely the Department’s mandate. The effort to balance these two basic obligations, above all others, shall govern the Department’s activities.”

In simple terms, DCF’s philosophy is to protect children while trying to keep the family together. DCF is supposed to provide services and resources to struggling families to help them improve. Often, however, DCF fails to help a family and instead, ends up taking the children away from their parents and placing them into the DCF foster care system.

Where Is The Glossary Of MA DCF’s Important Terms?

110 CMR Section 2 is a Glossary of important terms DCF uses in their reports. Confused about a term a social worker uses? There’s a great chance you can find that term within section 2.

Understanding the terms under 110 CMR 2.00 can help parents align their goals with DCF’s expectations to get the case closed faster.

110 CMR 2.00 is not a good indication of DCF policies and procedures. It mainly contains definitions of terms DCF uses in their reports.

Where Can I Find How To Find Information And Referral Services From Ma DCF? 

110 CMR Section 3 contains other Information and Referral Services. This information specifically refers to how one can request information and referral services for their family. It also includes information on eligibility for information and referral services. This section also delineates specifically to how services are provided by DCF.

Where Can I Find MA DCF’s Lists Of The Services For Young Adults?

110 CMR Section 23 lists out the Services For Young Adults. In this section are all the details on the types of services available for young adults; services for young adults assist individuals transitioning from foster care to young adulthood that foster independence and self-sufficiency. This section outlines the Duration of Services, Eligibility, Verification/Documentation, Substitute Care Services, Young Adult Support Payments, Discharge Support Services, and Denial, Reduction, or Termination of Service.

Where Can I Find Information On The Services MA DCF’s Offers To Parents And Caregivers?

110 CMR Section 7 outlines all the Services offered by DCF to parents and caregivers. It is an extension of the Department’s mission to help families in need or who struggle with providing adequate care of children.

DCF offers within 110 CMR 7 the following service types: Homemaker Services, Family Support Services, Babysitting Services, Respite Care, Parent Aide Services, Day Care Services, Counseling and Case Management Services and Emergency Shelter Services. However, there are also services that serve against the interests of parents. This includes the removal of children and use of services like Substitute Care, Adoption, Guardianship, Special Education Services or Interstate Placement Services.

These must be held in the balance, understanding that the burden to provide these services falls on the Department – one can’t simply pick and choose what they want over what the Department is required to provide.

Where Can I Find MA DCF’s Information Regarding Termination, Reduction, or Continuation of Services?

110 CMR Section 8 Deals entirely with issues in Service denial, reduction, or termination. It is a brief section that talks about the regulatory process of providing notice to parents or caregivers regarding the termination, reduction, or continuation of services. This could be a good section to review to ensure DCF is following its own procedures if the situation were to arise. 

Where Can I Find MA DCF’s Information on the Intake Process?

110 CMR 4 deals with everything about Intake procedure. This is an extensive section defining Intake for voluntary services, where families in trouble reach out to DCF for assistance.

There is also procedure for abuse or neglect in an institutional setting, as well as intake procedure for CHINS services, now known as “Child Requiring Assistance.” 

Can Someone Make An Anonymous Report To Ma DCF?

Yes, someone who makes an anonymous report to DCF is called an anonymous reporter. This can be any non-mandated reporter that does not want to reveal their identity to DCF or the people who they are making allegations against. DCF allows anonymous reporting to protect the reporter. Unfortunately, anonymous reporting can lead to people making false allegations and not facing the consequences of their actions.

What Is The Ma DCF Screening Process?

The DCF “screening process” should determine whether:

  1. The report meets the department’s criteria of child abuse or neglect (the allegations are “reportable conditions”)
  2. There are concerns for or threats to a child’s safety and well-being 
  3. The allegations require an emergency or non-emergency response

The screening process occurs during, or after report is called into DCF. The reporter could be a mandated, non-mandated, or anonymous reporter.

The response dictates how quickly the Department will begin the investigation. Emergency responses are for when there is immediate danger to the child’s safety and well-being. Non-emergency responses are for when there is a potential, but not immediate, threat to the child’s safety and well-being. 

How Long Does It Take For Ma DCF To Screen A Report?

The amount of time it takes MA DCF to screen a report depends on the department’s response.

For emergency responses, MA DCF must screen the report immediately. 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 their investigation.

What Does it Mean When a Report is “Screened In”?

When a report is screened in, it means MA DCF has a reasonable cause to believe that the child abuse allegations are true. The case is then assigned to a social worker who will investigate the reported family. The course of the MA DCF 51B investigation will be based on whether the report required an emergency or a non-emergency response.

When Does MA DCF Immediately “Screen In” a Report?

MA DCF must screen the report immediately for emergency responses. They must begin their investigation within two (2) hours of receiving the report.

A report will be screened in immediately when the 51A report is serious. Serious incidents of child abuse or neglect include:

  • Domestic violence
  • Sexual abuse
  • Sexual contact
  • Serious neglect

When a report indicates that a parent has been using crystal methamphetamines (or “crystal meth”) or Crack cocaine (or “crack”), MA DCF will immediately screen in the report.

MA DCF also chooses to immediately screen reports when there are drugs in a newborn baby’s system. This includes when the newborn is:

  • Suffering withdrawal from opiates (e.g. heroin, oxycodone, codeine). 
  • Withdrawing from barbiturates (e.g. sleeping pills, anxiety medication).
  • Suffering from fetal alcohol syndrome.
  • Testing or has tested positive for drugs in a toxicity test.
  • Found to have THC (marijuana) in their blood

What Does it Mean When a Report is “Screened Out”?

When a report is “screened out,” it means DCF will not investigate the allegations. The case is closed, and the family is free of any further DCF involvement. 

When Does MA DCF Determine Reports Require Emergency Responses?

MA DCF determines a 51A report requires an emergency response after it has been “screened in.” The MA DCF screener will determine that a report requires this response decision when:

  • The allegations meet the department’s criteria of child abuse or neglect; and
  • The department feels that the reported child is truly at immediate risk of danger

How Long Does MA DCF Have To Determine A Report Requires An Emergency Response?

MA DCF must determine that a 51A report needs this within two (2) hours of receiving the report.

What Happens After MA DCF Determines A Report Requires An Emergency Response?

After MA DCF determines a report requires an emergency response, they will assign a social worker to begin an investigation into the family. This social worker will visit the child’s home to determine who are the alleged perpetrators and reported children. The social worker will also determine the conditions of all other children in the home at the home visit. At the home visit, the social worker must also determine the nature, existence, cause, and extent of the alleged abuse or neglect that was reported to DCF.

In extreme cases, MA DCF will go to a judge and ask for permission to remove a child from their home. This happens when MA DCF believes removing the child is necessary in preventing future abuse or neglect of the child.

Sometimes, when a social worker visits a child at their home, they see the child is not in immediate danger, but there is still possible child abuse or neglect happening. This means the situation was actually not an emergency. In that case, MA DCF will change the decision on the 51A report to a “non emergency response.”

How Long Does MA DCF Have to Determine That A Report Requires A Non Emergency Response?

MA DCF has twenty-four (24) hours, or one (1) day, after receiving the 51A report of child abuse to screen it in as a non-emergency response. This does not include weekends or holidays.

When MA DCF receives a report on Thursday, they must screen in the report as a non-emergency response by Friday. When MA DCF receives a report on Friday, they have until Monday to “screen in” the report.

What Happens After MA DCF Labels A Report As A Non Emergency Response?

After MA DCF labels a report as a non-emergency response, they will begin a non-emergency investigation. MA DCF will go to the child’s home to determine:

  • The identities of the reported children
  • The nature, existence, cause, and extent of the alleged abuse or neglect
  • The identities of the alleged perpetrators
  • The identities and conditions of all children in the home

MA DCF will also interview everyone who can give them relevant information on the reported family. The Department calls these individuals “collateral contacts” or “collaterals”. Collaterals can be relatives, friends, neighbors, your child’s teachers, your child’s pediatricians, or your and your child’s therapist.

What Happens During An MA DCF Investigation?

110 CMR 4.26 & 4.27 describe what happens in DCF investigations. Every MA DCF investigation must include:

  • A home visit where the DCF social worker sees and interacts with the reported child;
  • A determination of the extent and cause of the child’s injuries;
  • An evaluation of the parents;
  • An evaluation of the home environment; and
  • A determination of whether the abuse or neglect is actually happening

During an MA DCF investigation, the investigator must do a number of things, including:

  • Observing and speaking with everyone in the reported family;
  • Finding the names and identification information of the alleged perpetrators;
  • Finding the names, ages and conditions of all other children in the same household;
  • Interviewing collateral contacts to corroborate and disprove reliable information

What Documents Does MA DCF Fail To Provide Parents with During An MA DCF Investigation?

MA DCF fails to provide parents with important documents that will give them the information they need to protect themselves and their children during an MA DCF investigation.

DCF is supposed to provide parents and caretakers with two (2) documents:

  1. An entry letter; and
  2. A parent’s pamphlet

The entry letter is a notice of what the allegations are and who they are against. The parent’s pamphlet notifies parents and caretakers of their rights when MA DCF investigates them, before they begin their investigation into a family.

Where Can I Find MA DCF’s Information On Criminal Offender Record Checks / CORI?

110 CMR Section 18 deals with the issue of Criminal Offender Record Checks in the DCF involvement. It outlines the procedures DCF follows to perform criminal background checks on stakeholders in the investigation, including the parents, caregivers, and close relatives, regarding the threats they may pose to the safety of the child. The CORI, or Criminal Offender Record Inquiry, is an important process of checking these criminal records.

The Department uses these checks to see who qualifies as a foster parent. They also use it to see whether they should seek to terminate a parent’s rights over their child. Anything anyone would want to know about what would disqualify them from being a foster parent or continuing to parent their child can find it in 110 CMR Section 18. 

Where Can I Find MA DCF’s Information On Medical Authorizations?

110 CMR Section 11 deals with Medical Authorizations. This section is an extensive list containing various situations that define medical consent. The purpose of this section is to determine who can provide medical consent in certain contexts. For example, in routine medical procedures like checkups, administration of insulin, etc., consent can be sufficiently provided by the Department.

In more serious, individualized medical conditions such as pregnancy or drug dependency, the consent of the child is sufficient. This section also describes conditions where parental consent is required. More of the details can be found in Section 11, and can be helpful to answer specific medical questions while involved with DCF.

Where Can I Find MA DCF’s Information On Records?

110 CMR Section 12 explains how DCF records are stored, compiled and shared. In this section, one may find information on the Confidentiality of Department Records. More specifically and importantly, one may find details on the DCF secret Central Registry – how one gets on the registry and how one may have their name expunged if the registry is updated.

One may also find information on the various releases of information, on providers of care, various types of records, and as well of information provided to other state agencies. One must be familiar with these procedures if they are to participate in a smooth DCF investigation and involvement. 

What Is Contained In a DCF File / DCF Record?

A family’s or person’s DCF file, or DCF record, contains all the information DCF has about them. A DCF file includes the following DCF documents:

  • 51A reports
  • 51B investigation reports
  • Assessments and case dictation reports
  • Action plans (formerly known as “service plans”)
  • Social work dictation notes
  • Releases of information
  • Correspondences between the family and DCF
  • Service referrals
  • Foster care review reports regarding the parents and children who are the subjects of the DCF clinical case

The DCF file may also include documents obtained by DCF regarding the subjects of the clinical case, including:

  • Medical records
  • Dental records
  • Educational records
  • Psychological evaluations
  • Vital records
  • Records of service providers

Where Can I Find MA DCF’s Information On The Case Investigation Unit?

110 CMR Section 13 explains the details on the Case Investigation Unit. This is a minor part of the DCF investigation on the side of the parents, however is very important on the side of the Department. The Case Investigation Unit performs internal reviews of the DCF process and how close the Department staff complies with its own procedures. It also includes steps for various contingencies in the event that something terrible can occur during the investigation. 

What Is A MA DCF Home Visit?

A MA DCF home visit is when the MA DCF social worker assigned to investigate your case comes to your home to inspect it. DCF home visits are conducted by the social worker assigned to investigate your case. This social worker is called a 51B investigator.

MA DCF can most definitely show up unannounced to homes for home visits, but the Department may not enter your home when you refuse to let them. This means you can decide that.

How Long Does An MA DCF Investigation Take?

The time frames for a MA DCF investigation depend on whether it is an emergency or non emergency investigation.

Emergency investigations must begin within two (2) hours of the initial report. In these investigations, DCF must determine the child’s safety level and make a decision regarding the child’s custody within twenty-four (24) hours. An emergency investigation must end within five (5) working days, not including weekends or holidays.

Non emergency investigations must begin within two (2) working days, not including weekends or holidays. DCF must complete a nonemergency investigation within fifteen (15) working days, not including weekends or holidays. 

How Long Does MA DCF have to Investigate during Emergency Investigations?

MA DCF has five (5) days in total to complete an emergency investigation, not including weekends or holidays. DCF will start an emergency investigation immediately.

What Happens During An MA DCF Emergency Investigation?

During emergency investigations, MA DCF must visit the child within two (2) hours of receiving the report. MA DCF must visit and interview the family at least one (1) time within 24-hours of receiving the report. 

MA DCF’s number one priority during an emergency investigation is to see the allegedly abused or neglected child. The Department must also determine the conditions of the other children living in the home. MA DCF does not visit the child at home when:

  • The abuse or neglect happened outside of the home
  • The alleged perpetrator does not live with the child
  • There is a high risk of danger at the home
  • The child is at the hospital

As part of the investigation, the department should contact everyone that can provide them with important and relevant information regarding the current allegations.

Can MA DCF Remove Your Children During Emergency Investigations?

MA DCF can definitely remove your child from your home during an emergency investigation. The Department will want to remove a child when they believe there are immediate threats to the child’s safety and health. These threats are primarily sexual abuse, or severe physical abuse.

The Department can get help from law enforcement to remove your child. Law enforcement would be a judge or police officer. MA DCF can get a judge to sign a court order for them to remove your child. MA DCF social workers can bring police officers with them when removing a child from their home. This is because DCF thinks police officers can scare the parents. Do not let this happen to you. Hire an experienced attorney to get MA DCF out of your life and have your case closed quickly without losing your children.

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What Are The Four (4) Outcomes Of An Ma DCF Investigation And What Do They Mean?

The Massachusetts Department of Children and Families (MA DCF) decides to close the case or keep the case open after a 51B investigation (also known as an MA DCF investigation). There are four (4) possible outcomes of an MA DCF investigation.

The Four MA DCF investigation outcomes are:

  • Unsupported: When the allegations are given an “unsupported” decision after a DCF investigation, the case stops there. The Department does not stay in the family’s life and offer services to the family.
  • Substantiated concern: 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.
  • Supported with an assessment: 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. After an allegation has been supported, the family is introduced to a new social worker. That social worker then opens an assessment. MA DCF has 60 working days to complete an assessment of the family to determine if you need services.
  • Supported without an assessment: 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 but you must do so within thirty (30) days of the date the allegations are supported.

Family services would not be appropriate because of 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.

Where Can I Find MA DCF’s Information On The Assessment Process?

110 CMR Section 5 outlines the procedures dictating the Assessment process. This section will tell you specific details on when the assessment is required, when it is completed, and how the Assessment process is conducted. Section 5 will also tell you about the “Administrative Review” whether a supported decision made at the conclusion of the investigation can be overturned. A thorough look through Section 5 may be most helpful during the Assessment process. 

What Is The MA DCF Assessment?

The “MA DCF Assessment” is a process that happens after the DCF investigation. A new DCF social worker, during the assessment, evaluates a family’s problems to see if they should be connected to services. DCF should start assessments only for families who they believe to need their help.

There will be a new social worker assigned to a family for the MA DCF assessment. It may be the same social worker who investigated the allegations in the “51B investigation”. Usually, however, it will be a new social worker who you’ve never met before.

This social worker will be different from the one who investigated the family during the MA DCF investigation. The new social worker will create a document called a “case dictation.” The case dictation is a record of all the interactions between the social worker and the family during the assessment. It will also include information on the family’s general situation, functioning, home environment, composition, and financial status.

DCF will not begin an assessment into a family when the allegations against them were unsupported. DCF will only start an assessment when the allegations are:

  1. Supported
  2. Substantiated concern

A new assessment is not required for closed cases which had previous assessments. For those cases, there will just be an update on the family’s situation. [Pursuant to 110 CMR 5.02]. 

The MA DCF Assessment is also known as a “family assessment.”

Where Can I Find MA DCF’s Information On The Case Reviews Including Foster Care Review And Permanency Hearings?

110 CMR Section 6 is where one can find information on Case Reviews. The two types of case reviews include Foster Care Review and Permanency Hearings. The Foster Care Review is important for families facing placement of their children outside of the home. A Foster Care Review (FCR) is a review, conducted by a panel of the Department’s independent Foster Care Review Unit.

During this review, the panel discusses the action plan and progress toward permanency and the safety and well-being of a child or young adult. The Department conducts a Foster Care Review every six (6) months after a child is placed out of the home. DCF will conduct a Foster Care Review every six (6) months until the child is placed back in the home.

This process is different from Permanency Hearing. A Permanency Hearing is a review conducted by a court of competent jurisdiction under M.G.L.C. 119, § 29B, of a child or young adult under 22 years old in substitute care. The Department conducts a permanency hearing to determine a child’s or young adult’s permanency plan within 12 months of an initial order of commitment, or grant of custody to the Department, and every 12 months after that, as long as the child remains outside of the home.

 

What Is MA DCF Placement Policy?

MA DCF has the authority and responsibility to determine the permanent placement for a child after they get custody of them. The Department’s power in this matter is subject to judicial review. 

MA DCF will consider many factors when deciding the best placement for a child. Viable placement options may offer:

  • A relatively unrestricted setting to the child 
  • Proximity to the child’s home
  • Proximity to the child’s school 
  • The siblings to stay together
  • The ability for visits with the child’s family
  • Accommodations for the child’s specific needs 
  • Acknowledgement of the child’s racial, cultural, ethnic, and linguistic background

Placement decisions should work in the child’s best interest and coincide with a permanency plan. There is a wide range of placement options available to DCF. The most common of these placements is family foster care. Other available options include juvenile group homes, full-time treatment programs, and mental health institutions. 

At times, children can find themselves between placements. For these instances, MA DCF uses several emergency short-term solutions, including temporary shelters and foster homes. Alternative programs that MA DCF will work with are STARR Programs, which focus on the stabilization, assessment, and reunification of youths and their families.

MA DCF must follow the court’s recommendations for the child’s placement in CRA cases. But DCF can determine the duration and nature of this placement.

Where Can I Find MA DCF’s Information On Case Closure?

110 CMR Section 9 is a very important section on Case Closure. This is the most important topic for most, if not all, parents and caregivers involved with DCF. Case Closure is a major step in DCF involvement that takes a combined effort of the parents, the legal counsel, and with the DCF staff involved in the case. This section outlines six (6) conditions that lead to a case closure. These conditions include when:

  1. A 51A report is not supported and the family does not want DCF services
  2. The child has been adopted or placed with a legal guardian and the adoptive/guardian family no longer needs DCF’s services (adoption or guardianship subsidy can continue to be provided, despite case closure).
  3. The social worker and client jointly agree that Department services are no longer necessary.
  4. A voluntary applicant for DCF services withdraws the application or refuses to take part in assessment, service planning, or case review.
  5. After reasonable social work efforts and offers of service, a family which is the subject of a supported 51A report refuses further Departmental services and there are no grounds for either legal action or a new 51 A report.
  6. A CRA petition is dismissed and no family members are requesting or receiving DCF services.

Where Can I Find MA DCF’s Information On Fair Hearings And Grievances?

110 CMR Section 10 might be as important as the previous section. Section 10 is all about Fair Hearings and Grievances. The Fair Hearing is the forum where parents and caregivers facing allegations of child abuse or neglect have the opportunity to present their case maintaining their innocence. The Fair Hearing is not a trial, nor does it occur in a court in front of a judge but it is akin to one.

A Fair Hearing Officer, an employee of DCF, presides over the hearing and takes into consideration the defense of the parents, the story of the DCF investigators and social workers, and weighs their decision to determine whether the alleged are in fact guilty of the supported allegations, or whether the allegations ought to be unsupported.

Information on how and when to file, what to file, and how to present the case to DCF can be found in 110 CMR Section 10.

 

WHAT IS THE MA DCF INTERLOCUTORY APPEAL?

Many caregivers may come across the term “Interlocutory Appeal” during their DCF investigation. In law, an appeal is a process where cases are reviewed by a higher authority. Appeals function both as a process for error correction and clarifying and interpreting law.

In simple terms, the interlocutory appeal is a way to get relief from a MA DCF order without having to wait a long time for a judge’s decision. It is also a method of remedial intervention. An interlocutory appeal is a remedy by a court. It happens before or during a hearing. A remedy would be compensation for losses, damages or injuries. It could also be an enforcement of certain rights.

An interlocutory appeal essentially allows parents, legal guardians or custodians to challenge certain parts of their MA DCF investigation that they do not agree with, before a claim is judged. They are rare as they apply only to very specific functions of MA DCF law. They are important because these appeals can carry huge benefits for your rights and the rights of your children.

There will always be some errors by the lower court, but they must be corrected immediately. What happens if MA DCF improperly terminated parents’ visitation with a child? Wouldn’t they understand it causes emotional distress to the child? Mistakes made by DCF will ultimately hurt the child involved the most. An interlocutory appeal is a way to keep MA DCF in check by the power of a higher court judge to apply their review.

What Is The MA DCF Grievance Process?

The “MA DCF grievance process”, also known as just a “grievance”, is an opportunity for parents to formally complain against actions by the Massachusetts Department of Children and Families (MA DCF). Any matter can be the subject of a grievance, with some exceptions. The grievance process handles complaints which a Fair Hearing does not. You cannot file a grievance to challenge a “Supported” decision, for example, that can only be appealed at a MA DCF Fair Hearing.

What Is A “Review and Redetermination?”

A “Review and Redetermination” is a part of DCF policies and procedures. It is a process where the court reviews the current needs of a child after the Care and Protection case is over in response to a party’s request. A Review and Redetermination hearing will focus on the developments since the last judgment. 

All parties involved in a Care and Protection case have the right to a Review and Redetermination. Parents usually request for a Review and Redetermination after a decision about the child’s custody is made. A “Review and Redetermination” will only happen when parents request for it. A Review and Redetermination hearing is not mandatory for every Care and Protection case.

Parents still have rights to fight for their children in a Care and Protection case after the judge appoints a permanent guardian for the child at the trial (or “hearing on the merits”). This includes the right to “Review and Redetermination” and the right to an attorney. 

Even when the parent loses custody, DCF may want to get rid of the parents’ parental rights forever. That means MA DCF sometimes petitions for Review and Redetermination in order to terminate parental rights. 

Where Can I Find MA DCF’s Information on Volunteers?

110 CMR Section 14 outlines all the rules and DCF policies and procedures regarding Volunteers. This section explains how DCF trains, qualifies, and uses volunteers. This may not directly be involved in the investigation process, however it is crucial to the under-workings of the Department. It may broach your investigation indirectly.

Volunteers “provide a valuable resource to the Department as it strives to maximize its delivery of a comprehensive social service program.” Volunteers help out in DCF area, regional and central offices in whatever the office needs. They are independent third parties, separate from DCF.

Where Can I Find MA DCF’s Information On Area Boards And Statewide Advisory Council?

110 CMR Section 15 includes information about Area Boards and the Statewide Advisory Council. This is a very unseen part of the Department, in how it relates to individual investigation processes. However, the roles each board plays can be crucial to the delivery of services to communities in Massachusetts. Under M.G.L.C. 18B, § 13, the Department must operate with the advice of 40 area boards which consist of a representative cross-section of the community.

Area boards provide citizens with an opportunity to plan, develop, and implement the social services provided in their community. Also, under M.G.L.C. 18B, § 16, the Department must operate with the advice of one statewide advisory council. The statewide advisory council includes representatives from the area boards and members appointed by the Commissioner.

The statewide advisory council provides citizens with an opportunity to advise the Commissioner in matters of statewide interest. This is a pipeline of citizen interest right into the community and into DCF itself.

Where Can I Find MA DCF’s Information On Requests For Research?

You can find DCF policies and procedures about requesting for research under 110 CMR 16.00. Research requests would pertain to:

  • Projects created outside of DCF
  • Research requested and contracted for by DCF
  • Two routine requests from outside individuals or organizations for DCF’s data

This is a minor issue in terms of DCF investigations. It is more of a statute to get the Department to follow their own rules.

Is My DCF File And Information Private?

According to DCF policies and procedures, DCF records and files are confidential. The public does not have access to them. They cannot be further disclosed unless the subsequent requestor can get the information (110 CMR 12.06).

However, there are circumstances in which DCF can disclose information to parties in a court proceeding or when necessary to provide services to children in DCF custody. Families involved with DCF in the past or present can request their own DCF records.

DCF can only disclose any private information about a family when they have written authorization or a court order. Information contained in the DCF file is subject to redactions as required by policy, regulation and/or state or federal statute.

When can DCF Disclose Information to Probation?

DCF can disclose information to probation officers only when DCF is a party in the case. The probation officers assigned to the case must request for the information they want in writing. DCF cannot disclose information to probate and family court probation officers when DCF is not a party in the case. When DCF is not a party, the probation officers can only get the information they want if they have:

  1. A signed release by the parent(s) or legal guardian; or
  2. A court order

The signed release or court order must specify the name of the person(s) about whom information can be disclosed.

In the Probate and Family Court, Standing Order 2-11 is the standard order used by Probation to obtain information from DCF. 

When Can DCF Disclose Information To The Department Of Youth Services (DYS)?

If a child has been committed to DYS care or custody and is in the physical custody of DYS at the time of the request, any DCF documents, records or files pertaining to the child shall be made available to DYS. G.L.C. 119, §69A, 110 CMR 12.15.

Sometimes, DYS can get child’s action plan and any other relevant background information, including the child’s medical and psychiatric history. This happens when:

  1. The child is detained (not committed) by DYS; and
  2. The child is in DCF custody

In other cases, where the child is not in DCF custody but is detained by DYS (rather than committed), DYS needs a release from the child’s parent(s) or legal guardian is required, or a court order to get information from DCF. 110 CMR 12.10.

When Can DCF Disclose Information To A School?

If the child is in DCF custody, DCF can disclose information to school personnel as needed to obtain services for the child from the school. As with other service providers, schools are given as much information as, in the judgment of DCF, is necessary for them to provide needed services (110 CMR 12.06).

If the child is not in DCF custody, then a signed release from the child’s parent(s) or legal guardian is required for DCF to disclose information to the school (110 CMR 12.10).

When Can DCF Disclose Information To A Juvenile Court Investigator?

DCF policies and procedures state that DCF can disclose information to a Juvenile Court investigator when DCF is a party in a Care and Protection court case. The court investigator can get the DCF file for the child and their family upon written request.

When Can DCF Disclose Information To Juvenile Court Clinicians?

Under 110 CMR 12.07, if the child is in DCF custody, DCF can disclose information about that child to the court clinician when they receive a request for it in writing accompanied by:

  1. A court order; or
  2. Signed release by the parent/guardian 

If the child is not in DCF custody, the parent or legal guardian must sign a release or the court clinician has to get a court order.

When Can DCF Disclose Information To Attorneys Appointed For The Child, Parent, Or Legal Guardian In A Care & Protection (C&P) Case?

When DCF is a party in a Care and Protection (C&P) court case, DCF can disclose information to the attorney appointed for the C&P case if the attorney requests for the information in writing. The attorney must provide a copy of the attorney’s appointment, or a letter showing they were retained by a party to the C&P case. 110 CMR 12.09.

When Can DCF Disclose Information To Attorneys Appointed In A CRA Case?

If the child is in DCF custody, DCF can disclose information to attorneys appointed in a CRA case when the attorneys request it in writing. In fact, DCF can give the attorneys a copy of the child’s DCF upon written request.

If DCF does not have custody of the child, the attorney for the CRA can only get the information they want through:

  1. A signed release by the parent(s) or legal guardian; or
  2. A court order

The court order or release must specify the names of the people for whom information is requested (110 CMR 12.10). Regardless of whether or not DCF has custody, the attorney appointed for the CRA case must send a copy of the attorney’s appointment with their request.

When Can DCF Disclose Information To A Child’s Delinquency Attorney Or Attorney?

DCF can disclose information to a child’s delinquency or criminal defense attorney when they have a court order, signed by a judge, that says they can do that. If the child is in DCF custody, however, DCF can disclose information to the delinquency attorney for that child at any time. 

In all other cases, where DCF does not have custody of the child who is the subject of a delinquency proceeding, the child’s parent or legal guardian must sign a release for the child’s information, or there must be a court order authorizing the release of information (110 CMR 12.10).

When Can DCF Disclose Information To A Young Adult’s Criminal Defense Attorney?

DCF can disclose information to a young adult’s criminal defense attorney if DCF gets a signed release by the parent(s) or legal guardian or a court order. For a young adult (18 years or older) in DCF care, the young adult must sign a release of information. 

When Can DCF Disclose Information To A GAL Or CASA?

DCF can disclose information to a GAL or CASA when they request it. The GAL or CASA just has to send DCF a copy of their appointment by the Court.  If DCF is not involved in the court proceeding, the GAL or CASA can only get their information if they have:

  1. A signed release by the parent(s) or legal guardian; or
  2. A court order

When Can DCF Disclose Information To Probate And Family Court Probation Officers?

DCF can disclose information to probate and family court probation officers only when they are a party in the case. The probation officers assigned to the case must request for the information they want in writing. DCF cannot disclose information to probate and family court probation officers when DCF is not a party in the case. When DCF is not a party, the probation officers can only get the information they want if they have:

  1. A signed release by the parent(s) or legal guardian; or
  2. A court order

In the Probate and Family Court, Standing Order 2-11 is the standard order used by Probation to obtain information from DCF. 

When Can DCF Disclose Information To Attorneys in A Probate And Family Court Proceeding?

DCF can disclose information to attorneys involved with a probate and family court proceeding when they request it in writing. If DCF is not a party, a signed release by the parent(s) or legal guardian or a court order is necessary. The release or court order must specify which person(s) about whom information can be disclosed. 110 CMR 12.07/12.10. 

When Can DCF Disclose Information To The District Attorney’s Office?

DCF can and must disclose information to the District Attorney’s office when the allegations are criminal charges. At the discretion of each DCF office’s Area Director, DCF can notify the District Attorney (DA) of other matters involving possible criminal conduct (110 CMR 4.52). The government statutes that explain when DCF can disclose information to the DA are M.G.L.C. 119, §51B(k) and 110 CMR 4.51. DCF must get a court order or signed release from a parent or guardian to disclose other information not directly relevant to the investigation to the DA (110 CMR 4.53).

When Can DCF Disclose Information To Police?

DCF can disclose information to the police when the allegations could be criminal in nature. When possible criminal charges are involved, DCF must contact the local police in the city or town where the child lives and the city or town where the abuse or neglect is allegedly happened. The government statutes that explain when DCF can disclose information to the police are: M.G.L.C. 119, §51B(k) and 110 CMR 4.50, 4.51. For all other information, DCF must get a court order or signed release from a parent or guardian.

When Can DCF Personnel Disclose Information As Part Of Community Based Juvenile Justice Programs?

DCF is an invited participant to the Community Based Juvenile Justice Programs (roundtables) pursuant to G.L.C. 12, §32. The CBJ statutes allow Community Based Juvenile Justice Programs to disclose information to the District Attorney’s office. The statute does not discuss whether DCF can ever release confidential information beyond the limits outlined in that section.

When Can DCF Disclose Information To Service Providers?

If the child is in DCF custody, DCF can disclose information to their service provider if the information is necessary. For a child not in DCF custody, DCF must get a signed release from the parent(s) or legal guardian.fight against DCF

When Can DCF Disclose Information To The Office Of The Child Advocate (OCA)?

DCF can disclose information to the Office of the Child Advocate (OCA) at any time. The OCA has unrestricted access to all electronic records, reports, materials and employees of DCF. This is because the Child Advocate must understand the needs of the children involved with DCF. That includes children in DCF’s custody and children who are receiving services from DCF. DCF must inform the OCA of certain “critical incidents.” Critical incidents include:

  • Death or near-death
  • Serious physical or emotional harm
  • When DCF neglected the child

See: M.G.L.C. 119, §51E, 110 CMR 4.35(5), 110 CMR 4.38(6), 110 CMR 4.45(2).

 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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