The 7 DCF Secrets That Can Hurt You in the MA DCF Assessment
The Massachusetts Department of Children and Families (MA DCF) has a poor reputation in the Commonwealth. There are many horror stories that come my way regarding the Department’s wrongdoings in a MA DCF Assessment, and it breaks my heart. The state is a difficult system to fight against DCF, and often seems too powerful of a force to challenge.
But with the right resources, gaining a case against the Department is a reachable goal. Understanding the DCF investigation process is crucial in these scenarios. The most crucial step is to understand the next steps to counteract the DCF investigation. Here are seven ways the DCF may try to get you in trouble.
1: DCF Will Threaten You With Adoption If You Don’t Let Them Into Your Home!
Foremost, under no circumstances may any DCF social worker enter a home without the owner’s permission. They will likely threaten to take the kids away if denied entrance. However, without a signed warrant, there is almost nothing the Department can do.
2: DCF Will Use The Home Visit To Collect Evidence Against You in Your MA DCF Assessment.
DCF uses “Home Visits” as methods of determining the level of safety of a child’s home life. They may tell the family that they are there to help them, but this is often not the case. DCF workers are there to collect evidence. Understand that social workers are not conducting a home visit with good intentions during an MA DCF Assessment.
The best way to prevent DCF from collecting incriminating evidence on family members is to prepare. There is a step-by-step approach the family can use to ensure that they do not incriminate themselves.
Evidence the Department will look for includes a variety of checks. Enough healthy food in the fridge, cleanliness (such as dirty laundry and dishes), properly stored medication and proper-age safety measures to keep the children out of harm’s way.
3: DCF Will Listen To And Record Every Single Thing You Say – Even If You Think It’s Off The Record.
Some clients have lost their cases based on unknown recorded evidence. Therefore, when DCF knocks, the most important thing to keep in mind is to stay quiet.
Yet unlike criminal investigations, you must understand that when dealing with DCF, it’s not always best to be silent. Social workers often label silence as a lack of compliance. The balance of silence and self-advocacy is a different strategy, one that a lawyer can help teach.
4: MA DCF Controls How Evidence Is Presented In An MA DCF Assessment.
DCF has hidden evidence from parents and caregivers. Even though the Department should give that information, they often hide records or falsify them. They also can delay getting the records to you even if it is personally requested.
DCF does not possess proper oversight on their rules surrounding evidence. Therefore, it is important to understand your rights when getting and analyzing the evidence DCF presents against you.
5: DCF Separately Interviews Parents and Children to Create As Many Accounts as Possible During the MA DCF Assessment
One tactic DCF uses to support allegations of child abuse or neglect is to conduct separate interviews with each member of the family alone. This is how the Department gains control and leverage over families during the family assessment.
For instance, DCF often pushes family members into filing restraining orders on each other. If any allegations of domestic violence occur, DCF will usually threaten to take the children away from the home. They will then cite the unsafe environment as the cause. They will often counter this threat by advising a member to file a restraining order.
The Department claims that this action decreases the likelihood of the children being taken away. In order to avoid the Department ’s intrusion, spouses will order restraining orders. Later, the DCF will use the restraining order as evidence against the safety of a household. They may even claim it as proof of child physical abuse or sexual abuse.
It is imperative that you do not allow the DCF to interview your children alone. DCF will likely use the child’s words to further label your household as unsafe. Many times the Department has forced children to claim emotional abuse, health problems, etc.
6: You Need To Read The Fine Print To Find Out if You Need a Lawyer.
The DCF Parent’s Pamphlet is one of the first things a family member will get from an investigator. It will probably look familiar, as DCF presents it on their first visit. Sometimes included and other times not, the Department will tell the family to seek council in the area of Family Law.
Because it is very unlikely that someone can combat DCF practices completely on their own, it is important that anyone targeted by an MA DCF assessment finds adequate representation . Lawyers will help translate any language that is unclear and prioritize the closing of your case. This means making sure that their client’s actions do not work against them.
The attorney client relationship also gives clients the opportunity to explain the full extent of their side of the story. Not only will this help the attorney help close your case, but it will reduce mental stress. You will take the issue out of your hands and put it into someone else’s.
7: Those Who Control The Action Plan Control the Outcome of Your Investigation.
Social Workers will try to get family members to sign a DCF Action Plan or Service Plan. To save time, money and chances of closing the investigation, do not blindly sign the plan. DCF gets people to sign action plans under the perceived idea of it leading to the conclusion of the Department ’s involvement.
Action plans often feign as automatic case closers. However, they are the exact opposite, and give DCF a stronghold over the signer’s life. Action plans can include therapeutic measures: alcoholics anonymous meetings, random drug tests, and parenting education classes.
They may also force signers to seek additional therapy on top of the therapy they may already be receiving. These action plans can continue for lengthy periods of time, and can take over the signer’s life, leaving caretakers with less time to prove their ability to adequately care for their children.
What are the Consequences When DCF Supports the Allegations?
While the primary focus is of course on children, DCF’s investigation includes not always family members. All caregivers can receive child abuse or neglect allegations. DCF supported allegations could spell legal issues for any individual down the line.
Allegations and convictions of child neglect can lead to job and licensure loss, which is especially the case for allegations of child sexual abuse. Your principal focus for getting DCF out of your life should be non supporting the allegations made. You can do this through a Fair Hearing or completion of a successful investigation.
A successful investigation occurs when the Department receives timely, appropriate information. The investigator speaks to the right people and gets the full, accurate picture of the truth.
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.
Hello. My daughter is going through a divorce from an abuser. It was a domestic violence situation. There are now new suspicions of abusexagsinst the children they have unsupervised visits with the father. My daughter brought the youngest to the hospital and there was a report to DCF and now they are involved and want a forensic interview. I am very concerned about this. I want DCF out of her life asap. She doesn’t have money but I do. I am willing to pay attorneys fees but I don’t have a huge chunk of money to start with.
Essex and Middlesex probate court and dcf violated the 2004 children’s act, kids are being abused in foster care. The kids lawyer has failed to respond and dcf and the threaten me .
Is it true that mandates report stay anonymous? Or can we ask because we may want to avoid having them around you to avoid another false accusation
Hi me and my wife are going threw dcf for our 5 month old daughter.and the worker said she was going to close the case but found a reason to keep it open her reason was because in January I was called down to the police station and was accused of attempting to rape someone I was never arrested or brought to court and 5 months later dcf brought it up and is keeping our case open for it .is that legal