A group of Massachusetts parents has filed suit against the Baker administration, arguing it has unlawfully terminated visits with the parents’ biological children in foster care. They argued the administration has imposed excessive restrictions during the coronavirus pandemic. This lawsuit highlights a critical aspect of the fight against DCF, as these parents challenge the department’s decisions that directly impact their ability to maintain a relationship with their children. Furthermore, the case raises questions about parents’ rights against DCF, especially in light of the strict measures adopted during a health crisis.
The lawsuit, scheduled for a hearing Friday, alleged that the state Department of Children and Families’ decision to end in-person visits between children in foster care and their biological parents was unconstitutional and traumatizing for already at-risk children. The suit asked a judge to immediately reinstate in-person visits, which were stopped because of the pandemic.
“The directive of the department goes significantly further than the guidance given by the federal or state governments and is excessive, imposing more severe restrictions on contact between children and parents, whose bond is protected by the constitution,” the complaint read. “Plaintiffs have been aggrieved by the actions of the department and deprived of the family time they are entitled to at a time when it is critically important.”
The suit said the department ended visitation for most children in state custody in March when it moved to virtual visits between parents and children. The suit included an April 3 directive from DCF Commissioner Linda Spears that said most face-to-face parent child visits would be done through phone calls or video conferences to limit in-person interaction as much as possible.
“Visitation means in-person contact,” the suit read. “Providing only ‘video conference visitation’ constitutes a termination of visitation. Through this policy the department is unilaterally deciding whether to provide visitation or terminate visitation, without the requisite court order.”
According to the suit, one plaintiff — an unnamed mother of a 3-month-old — has not been physically present with the baby since March 9. “It’s been very difficult for bonding to occur over video,” the suit said. It added the mother has been engaged in a “family action plan,” and that “the goal is for the baby to be reunified” with the mother. DCF said it does not comment on pending litigation but is working to reintroduce in-person visitation.
DCF guidance recognizes the importance of visitation, while protecting the health and safety of children and families,” said a statement from DCF spokeswoman Andrea Grossman. “During this unprecedented health crisis, DCF is using technology to maintain contact between child and parents to mitigate the spread of COVID-19, consistent with federal guidance and state law. This approach is particularly important in ensuring that parents’ rights against DCF are respected and that DCF supervised visits can continue in a manner that safeguards everyone’s health.
Source: wbur.org
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.
How do I get on this law suit! I not only lost visitation due to the Pandemic, I’ve only had 2 15 minutes video calls. And now my Baby is struggling to remember me and doesn’t understand phone calls!!!
Plus, dcf added to the foster care review that my son don’t connect well with father (me) through phone calls.
Sadly this is a tactic that the department loves. They will later go to court and say the child isn’t bonded to the parent and change their goal to termination of parental rights. With the current protesting that’s going on I wish parents would be bond together and begin protesting against the department. They dont follow their own policies and they govern their own. So every time an investigation happens, they are always found to have done the right thing. They don’t wear body cams, they tell children lies about the parents, lie to foster parents and no matter how much the parents work on their goals, they always have concerns that never get addressed. Until it’s time for court. In the mean time the ones who are hurt the most are the kids that they are supposed to be helping. Destroyers of Children and Families.
I haven’t seen my daughter’s in 3 months, I’m doing everything dcf has asked me, I only get video calls on zoom once a week, we need to fight this together as parents just like Kevin seaver is saying!
Same been 14 weeks no contact 15 minute FaceTimes visits with my child. My visits were 2 hrs and I have completed service plan and got Nero phyc done during this pandemic but they still have zero info on when visits with resume! Total bs!!! Missed my son 1st birthday and everything! Going on 9 mths in the messed up system he 13 mths old now!
Melissa yes total bs, I missed my daughter’s 13th birthday, I’ve done everything dcf has asked me and they keep adding to the service plan! Been fighting for my daughter’s for 2 and a half years now! Dcf is still trying to take away my parental rights! The system fails us all!😪
I haven’t seen my daughter’s in 3 months, don’t think it’s fair at all! If someone can help me or give me advice, it would be greatly appreciated.
We need to be involved with this lawsuit. If you hear how this child was taken out of my home you will be appalled. My daughters rights definitely have been violated . Because of her disability they have tried to do some sneaky stuff. For one example sign blank release of information forms. Fortunately they wanted me to scan it and when I saw this I contacted her attorney immediately. I have never seen a system run so wrecklessly with no just reasons and be able to get away with it. Mind you I was orriginally from PA and I adopted my daughter from the Lancaster Children and youth. I was also on their board for
7 years and took in emergency children. So obviously I truly know how the system should work and the Plymouth DCFS should be investigated thoroughly. I left u a voice message and look forward to hearing from you. Thank you for supporting all these parents who need support and need to be represented in this situation
Diana
I havent seen my 5 boys physically since early March. How can I get on this??
My apologies but I’m not attorney Seaver. We just happened to have the same first name. I am a parent that has been through the system and thankfully won. My story is especially crazy because my wife and I were the ones who went to the department in the first place to get help for our out of control teen and when we noticed they were working more on dividing us, my wife went to cancel their services and in return they called us unfit parents took our kids and began to falsify my records on our account. The edited pass 51As filed because of daughter’s behavior in school. Took a situation that I spoke to them about from the past and put criminal charges on me. Then told me to move out of my house if we wanted to get my kids back. Which I did. I had to pay for an apartment and mortgage. Told my wife to divorce me but she wouldn’t. So they said they changed their mind. Then they sent to me to individualize therapy, family with me and my wife only, sent me to a specialist and parenting classes. When all reviews came back positive for me and my wife they said they were still concerned. So they sent me to see a family doctor and more. Once again all good reviews came back and they said they feel the we as parents don’t care enough for our kids so they put them on the adoption track. The first judge we saw was enraged by this move but stated her hands were tied. Then on our first appears before a superior judge, he informed them that this is not a case that normally goes this far. They lied to the judge and said they had more evidence against us but only wanted to present it at a trial. So the judge told them that if it was true then he would allow it to continue. In the mean time I was not convicted of the crime and they said criminal court and family courts are different so they ignored results of that and when the trial ended the first thing the judge said was this should have never gone this far. It took 2 years to get all of my kids back and my troubled teen basically had to raise herself in their custody. Now after 3 years they officially closed my case on their end. We have proof of them falsifying statements, changing records, threatening a foster parent so they would lie for them, told our kids that we didn’t love them and wanted to give them up. We have family that wanted all of our kids but according to them no one qualified and because most of my family members were officers from out of state they would not contact them. It got to the point to were my daughter secretly recorded them saying that they were going to do everything in their power to make sure we never saw them again. There are many more things that happened in our case too much for me to go on in this feed. Let’s just say it involves physical and sexual abuse and more. This was all pushed under the rug by the department. When we went to the Ombudsmen, the Attorney General, and DCF main office they backed up this office and did things to make it worse. We went to the Governers office and Child Advocacy and they told us because a judge was involved they couldn’t do anything. Now the case is closed but we still can’t go the the governers office because of Covid19. We’ve met so many families and seen the same dirty tactics played over and over. Gov. Baker changed law but nothing actually changed. They ignore your rights and no one from outside will step in to protect the public. They are doing child trafficking and because it makes money for the government many turn a blind eye. Again we are one of the lucky ones that won in a trial. My advice from my experience. Log everything, if they ask you to do something that they said will help you out like counseling or seeing a doctor. First get your own and go overboard. I had seen 3 counselors, 1 specialist and 2 doctors. Plus my attorney went to court and hired a social worker come to all of my visits, so if needed she could come to court and testify, which is definitely was! Just protect yourself on all fronts and on everything you do think about how they could use it against you or twist in in their favor. So you are ready to block it and not be surprised. Be 3 steps ahead of them and beat them at their own game. Good luck.
Feb 28 dcf stole my children from my brother and sister in laws home, where i placed them . I haven’t seen them since March 13. My youngest was still breastfeeding. There is a special place in he’ll for social workers in MA.
As a mother and being a nursing student, dealing with dcf harassment completing all there tasks and
I was told at a hearing, I lost custody do to not having a bond in appeals I have all documents. No criminal records,no drug history, no neglect or abuse just a past victim of DV!
Mind you my son had received skull fractures from foster parents and my other son exsposed to substance in dcf care pittsfield Massachusetts is know for there dirty pool.
No evidence summited at trial just a racists, discrimination of ada, civil and liberal rights!
Yes I would like to know how I can put a lawsuit on state of New Mexico for the CYFD they have done everything in their power to keep me away from my kid they had gotten one from the hospital and now they have my other two are doing whatever they want they had no reason to come in they didn’t have no paperwork no nothing no matter fact my sister had I had written her a paper for her to have the power of attorney over my kids and they still came and took them I have worked with them and work with him it’s been too long they have me on video how am I supposed to bond with my kids this way I’m sick of them I don’t know who to turn to I have a public defender that doesn’t help me I don’t know what to do anymore the sad thing is my kids are the ones that are suffering I’m suffering but I could only imagine what they are going through but nobody seems to want to help I’m trying I’m trying and I’m trying and I’m not getting anywhere
Can all parents unite and submit class action lawsuit against DCF policies? We are all fighting individual battles with entity which has unlimited budget and can write the rules of the game. But together we have stronger chance to go all the way to Supreme Court and change the laws.
I would love to
Would be nice so many laws that should be re written in and taken out, cant protect the children if the statistics are continued at the rate they are they really are doing more harm then good!
Missing children, abuse and neglect rates in care, adoption waiting listing children who could be with potential long distant relatives, drop out non graduation rates are higher for children in care!
The list goes on but statistically more harm then good the longer they remain in care not including psychologically!
Child development is disrupted in negative living environments but also while removing the child from there individual living environment so more harm is done when the child is emotionally neglected when not returned to a positive environment DCF forgets this constantly and mental health is one of the most leading concerns with children and adolescents but they always seem to lack proper understanding of how this effects them long term not just short term.
Which leads me to say the longer a child is removed the more damage is done mentally.
Taken a child who doesn’t meet the guidelines should be a criminal offense and a fine should be put into law for the local office of dcf to face apone doing so maybe then we would see improvements in the flawed systematic consistency!
– Krista Smith
I live in Pensacola unfortunately I am a Maternal Grandmother trying to see my granddaughter her Mom is incarcerated due to mental health, is there a way I can do this here They give me a video visit once a week my granddaughter keeps asking to see me however the Paternal Grandmother has refused to agree and the Father has adjudicated his rights. I was the primary caregiver until my daughter had a breakdown in May anyone have any suggestions
Dcf is a baby trafficking ring and they sell your kids once they get them good luck getting them back .
DCF did this to me to the point I amended a RO permanent to a no abuse order just to see my son and it blew up on me. DCF has had this C& P open since June 24th, 2009. the father despite multiple dv victims while this case has been open, DCF loosing track of our son repeatedly and refusing to deal with the pattern of DV which continues to put risk to myself and having any kind of productive visitation despite all my prior compliance and cooperation that ultimately put me and my son at risk. Examples to be noted: Father using a cell phone with gps tracking to obtain my address in Bridgewater in 2015 and 2016. Fast forward, no matter how much I do and comply dcf not only grossly violates my 14th and 4th amendment, but they’ve multiple times despite a Ro with impounded address DFCF gives the lawyers the addressees and then gives it to the father and it won’t stop i have since moved 3 more times to stays safe. since 2009, i have relocated now 23 times and 2 of those were only because I wanted to. This man is extremely violent and manipulative and will go to any lengths and very extreme lengths to get what he wants. In addition to all this the father was accused of sexually abusing our son and the police never did a SAINE and the courts and DCF allowed this to happen and kept my son there and has despite doctors reports and not just one, not just myself either. he is doing this to another woman the the 3rd one after me. dcf covers it all up as the last 7 years they’ve been denying DV despite the 2 case file records. Any time i have tried to have visits it is like pulling teeth, Many court orders and it seems the law only applies to me as he has multiple times not shown up to court ordered visits and nothing happens at all. So what can I possibly do at this point, I have tried with having provider meetings and they ultimately have been extremely unproductive and they still play noting is wrong we hear your concerns and know but basically screw you. What i also gather is what our son says about me is absolutely true but what i say our son says about his dad is not despite the validity, my son says he cant talk anymore as DCF talks to his dad and then he gets punished and it broke me, How do I help my son? how can i possibly bring a civil violation or have any real advise that doesn’t send me in monkey circles….thanks for your time.