How Can You Get a Quick Grasp of Your MA DCF Investigation?

How Can You Get Quick a Grasp of Your MA DCF Investigation?

How Can You Get a Quick Grasp of Your MA DCF Investigation?

The best way to get a quick grasp of your MA DCF Investigation is to know how it begins, what happens during it, and what happens after. The first thing the Massachusetts Department of Children and Families (MA DCF) does for an investigation is file a 51A report. DCF will file a 51A report after they get a call from a reporter who saw signs of abuse or neglect on a child. The reporter then calls DCF to report what they saw. The 51A report contains all the information DCF gets from that reporter.

What Happens When a 51A Report Has Been Filed Against You?

DCF files a 51A report when a reporter calls their local DCF area office and a DCF social worker screens the report. This is called the DCF screening process. When the report does not meet DCF’s criteria of suspected abuse or neglect, then the report will be screened-out, and DCF does not do an investigation. When there is enough evidence to suggest a concern for the child’s safety, the report will be screened-in.

DCF begins an investigation after screening in the 51A report. But first, they have to decide if the “screened-in” report requires an emergency or a non-emergency response.

What Happens During a DCF Investigation?

During a MA DCF investigation, the DCF investigator holds interviews and makes visits to the child’s home. The social worker for your family will interview the caretakers and children involved in the family and interview other people who can give DCF relevant information. The other people who can give DCF the information they are looking for are people such as doctors, therapists, and your child’s schoolteacher. They also speak with the reporter, review the history of the caretakers and children involved, and do background checks.

Everything your social worker finds out in the investigation is put into the 51B report. Despite how sympathetic the DCF social worker seems, they will highlight all the negative information about you in the 51B investigation report. You have rights to know exactly what DCF writes about you in the 51B report. So, be sure to request all the documents in your DCF case file.

When DCF decides that a case is an emergency, they will determine the safety of the child within 2 hours. They have 1 day to start the investigation. DCF completes the investigation within 5 business days in an emergency case. In a non-emergency case, DCF will determine the safety of the child within 3 business days. DCF must complete the investigation in 15 business days. 

Why is a Supported Decision the WORST MA DCF investigation Outcome?

A “supported” decision is the worst outcome of a DCF investigation–it means DCF decided the allegations are true. The Department will put the alleged perpetrator’s name in the DCF Central Registry, which means the supported allegation goes on their permanent record. This is very bad news for your reputation and possibly your job. With a supported DCF allegation on your record, you cannot get a job working with children.

Also, some jobs may refuse to hire you because they don’t want to be involved with a child abuser. If DCF decides that the allegations of abuse or neglect are “supported”, they will close the case or start a DCF assessmentWhen DCF closes your case after a supported decision, they will probably remove your child from your home. Then they will put the child into DCF foster care. DCF can even try to terminate a parent’s rights over their child.

When DCF begins an assessment after a supported decision, they think they can help the family work out their issues. Unfortunately, DCF sometimes gets way more involved than they need to be during a DCF assessment. In those cases, parents and families feel harassed by DCF’s constant demands. They start feeling frustrated, lost and overwhelmed because they do not know how to get DCF to close their case and how to get DCF out of their life.

Can I Overturn Supported Allegations After a MA DCF Investigation?

Yes. You can overturn supported allegations against you at a DCF Fair Hearing. The DCF Fair Hearing is the only way to overturn supported allegations. You can request for a Fair Hearing by writing a letter to DCF or filling out the form for a Fair Hearing which is on DCF’s website. Do both just in case! You must submit your request within 30 days of learning about the supported decision.

To make sure the Department receives your request on time, reach out to the DCF Fair Hearing Unit in as many ways as you can. You should write the letter and then mail it to them via first class mail, email it, and fax it to them. Then you should call them to confirm they got your request. The following is the contact information for the DCF Fair Hearing Unit.

  • Address:  600 Washington Street, 5th Floor, Boston, MA 02111
  • Phone Number: 617-748-2030
  • Fax Number: 617-748- 2062
  • Email: [email protected]

When DCF overturns a supported allegation, your DCF case will say the allegations against you were “unsupported“. Keep in mind though, doing the Fair Hearing doesn’t mean DCF will automatically unsupport the allegations. The Department will hear your side of the story at the Fair Hearing and DCF’s side. Later, they will decide whether or not they should overturn the supported decision. DCF can take their own time to come to this decision. In other words, there is no strict time standard for DCF to follow when deciding to unsupport an originially supported decision. So at the end of the day, it is in DCF’s hands to overturn or keep the allegations as they are.

Kevin Seaver is a trusted Massachusetts DCF Lawyer Specialized in DCF since 1991. blank

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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