SJC decision puts brakes on agency
The high court imposes strict limits on child welfare workers to keep families together whenever possible.
The Supreme Judicial Court ruled that a judge must double-check DCF’s efforts before seizing a child.
The rule aims to prevent rushed investigations that could separate families, according to public defenders and the Child Advocate.
Maria Mossaides, the state’s Child Advocate, believes exploring home-based services for children is a positive approach.
“This is going to cause people to think about what they’re doing and whether they have met their burden.”
Jennifer Lane from Community Voices criticized the SJC for negatively impacting children and the commonwealth with its decisions.
She said the decision effectively forces DCF to teach parents how to take care of their kids.
“This decision reads more like a property dispute,” Lane said. “If DCF isn’t allowed to watch out for children, then who is? DCF’s responsibility is to protect the children, not parent their parents.”
The unanimous decision allows DCF to remove children in cases of abandonment or parental violence convictions.
Gants also noted that the ruling does not stop DCF staffers from removing a child from a potentially dangerous household.
He emphasized child safety, not leaving them in immediate danger. Last year, a DCF social worker removed a 3-year-old boy from a Worcester home due to concerns about safety.
The staffer failed to assist the family, leading to the judge’s decision to grant custody to the state.
The appeals court justice questioned the judge’s consideration of DCF staffer’s efforts in finding alternatives to removal.
The SJC decided to clarify the rule of law and returned the child to his parents.
Michael Dsida, deputy chief counsel with the Committee for Public Counsel Services, lauded the decision and said it will help children and a cash-strapped DCF.
At a time when DCF’s foster care system is operating beyond its true capacity,” Dsida said, “ensuring that DCF keeps children at home when they can stay there safely means that scarce foster care resources will remain available for children who really need them.”
Source: www.bostonherald.com
Are you having problems with DCF? You are not alone.
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.
Such lies to continue to remove these children over hearsay by a corrupt systems that are profiting off removing children over hearsay not facts..where s the justice in this system. If juries
were in most of these cases the children would not be removed..take the insitives out and see how many kids would be kept out of foster care
Dcs 10 kids away from me something needs to be done