The only way to defend yourself against the Massachusetts Department of Children and Families (MA DCF) is to be prepared. But first-timers are bound to make mistakes when dealing with the Department. Get your case closed quickly without losing your children, your job, your reputation, or your mind. Understanding how to get DCF records in Massachusetts is a critical part of preparing your defense and asserting your parents’ rights against DCF.
These records can provide essential insights into the case against you, ensuring you’re fully informed throughout the process. The Department can and does wrongfully accuse parents and caretakers of child sexual abuse, child physical abuse, and child neglect or emotional abuse. Fighting false allegations takes time and effort.
Make sure you have a plan to fight allegations that have been made against you. When you fail to plan, you plan to fail. Don’t make the mistake of trying to beat the case on your own. The Department takes reports of neglected or abused children very seriously. To have your case closed quickly without losing your children, your best chance is to hire a lawyer with experience in handling these matters.
How will the RIGHT DCF Lawyer handle your DCF Investigation?
If a 51A Report is deemed serious and is screened in, the Department will open an investigation on your family. Children who have been sexually abused by their parents is one example of a report that DCF would most likely want to investigate. Remember: The Department is investigating to collect evidence against you and to take your children. They are not there to hold your hand.
The Department’s mission is to keep the family unit intact. But they act like it is their job to remove children from their homes. During their investigation, a social worker will visit your home and conduct interviews. This social worker will interview you, your children, other adults that live in your home, and collaterals. Collaterals include your child’s teacher, doctor, and your family, and friends. There are a number of things the Department does wrong or fails to do during their investigation:
- They fail to provide parents with a parent’s pamphlet at the beginning of the investigation: The parents pamphlet informs parents of their rights and privileges during the investigation. The Department often fails to supply parents with the the pamphlet until after the investigation has ended and the allegations have been supported.
- They fail to interview relevant collaterals: DCF is supposed to corroborate or disprove the evidence they find against you. Social workers often fail to interview everyone involved in the incident or people who might vouch for you.
- They exaggerate situations to make parents look worse: “DCF speak” is a real thing. You can say a glass of water is half full. DCF will always say the glass is half empty.
You do not have to speak to MA DCF at all during the investigation or allow any of their representatives into your home. Have your DCF lawyer present during every interaction you have with the Department to inform you on what to say and what not to say. Your lawyer should visit your home before a social worker does to ensure any potentially hazardous items are stored away safely and out of the reach of your children.
Do NOT sign any document before consulting with a DCF lawyer. Your signed documents may be used against you.
Your social worker may encourage you to sign a release, giving access to personal information about you such as your medical records. You have legal rights and HIPPA provisions that prevent DCF from getting these records to use against you. You also have the right to keep information on your substance abuse, alcohol, or drug records private.
DCF may ask you to sign a safety plan during the investigation. The safety plan lists rules and regulations your family must comply with. DCF can tell you they will not take your child away from your home if you sign the safety plan. You should not sign a DCF Safety Plan without consulting an attorney. Signing the safety plan is an admittance of guilt. Your lawyer should work with you on how to improve the safety plan and will speak directly to DCF about any infringement on your rights.
How will the RIGHT DCF Lawyer help you after the MA DCF Investigation?
There are four possible outcomes that result from a MA DCF investigation. The Department will do one of the following:
- Unsupport the allegations
- Support the allegations and close the case
- Support the allegations and start a family assessment
- Substantiate the allegations and start a family assessment
When DCF wrongfully supports or substantiates allegations of child abuse or neglect against you, appeal this decision within 30 days to have the allegations overturned. If your appeal is approved, your lawyer can fight for the allegations against you to be reversed at a fair hearing.
Contact the RIGHT DCF Lawyer for your MA DCF Case
Getting the right lawyer is key for winning your fight against DCF. A lawyer who tells you to comply with the Department every step of the way is not the right one. But one who fights back and tells DCF that they are not doing their job, ensuring you understand what are my rights during a DCF investigation, is the right one.
Your DCF attorney should be your insurance policy. Find a lawyer who will understand and sympathize with your family’s distinctive needs. Hiring an experienced lawyer will protect your rights and reduce the chances of you losing your children. Turn your negative experience with DCF into a positive outcome.
Kevin Seaver is a trusted Boston Lawyer 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.
Please help me.i fired first lawyer they want me to admit to being a drug addict im not. They took my 2 1-2 month old daughter in march i have seen her 7 time since shes always dirty she has health issues which they wont tell me about foster mom use to do zoom only 4 since march pics she sent all w her bf told worker she said inappropriate yet con. Til now no zoom.got a new lawyer everything now goes thru him told sw then my visit was canceled nov3 tilll nov16 which would make a whole 8 visits w covid they hav no plan visits are now outside.its sickening.pleasee help me i dont have the money for a lawyer but how in the world is this best for my kids my baby is 10 months old my son who has no dcf involvement is 6yrs old.im sure im not the only one w covid but they wont increase visits im willing to g in2 like a group home w my daughter im willing to do anything. Sw called my dr. Made up several lies now i cant recieve such as dr. Shopping saying im on meds that im not on never have been new dr. Is putting in a motion for records from dr. N not doing stupid zoom videos.these are not visits! Sw asked my dad to do visits but never happened w no reason behind it wont give my baby to me or anyone. Im so scarred ill never see her again n she will be w god knows who.this isnt right.