I am often asked by clients; what are the possible outcomes of my 51B investigation? And I always tell them there’s four different types. The first is of substantiated concern with DCF, unsure of whether or not the person did or did not abuse the children, but there’s significant risk here that they want to keep the case open for what’s called an assessment, to make sure that everything’s okay.
So you do an assessment which lasts 45 days in duration. That’s 45 working days, not actual calendar days, be clear on that. And then they do 15 days to write up an action plan if you need services. With that said, the importance of a substantiated concern is that you have the right to the grievance process to appeal that substantiating concern.
The second type of outcome is where they support the decision and there is no assessment, but the importance of the supported decision is that now you’re on the central registry, on the computers of DCF, where you are not with substantiating concern, and you must get your name removed as abusing or neglecting your child with children. You must file for what’s called a fair hearing. And that is done by writing to the Department of Children and Families Fair Hearing Unit, 5th floor, 600 Washington Street, Boston, MA, 02111.
The third type of cases, where there is this supported decision, and then they do an assessment. And the assessment again is just like the substantiated concern because the assessment is forty-five days in duration. Then you have 15 days to come up with a written action plan. And these aren’t calendar days. No it’s working days. Maybe you will make that mistake. So that’s the lengthy period of time DCF is involved in your life. Again, supported decision, whether with an assessment or without an assessment, you must appeal this to the DCF Fair Hearing Unit located at 600 Washington Street, 5h Floor, Boston, Massachusetts 02111.
You must do that within 30 days or your forever foreclose of appealing that allegation supported against you for abuse or neglect, which could have huge implications if it affects your employment or whether you’re a foster parent or whether you want to be an adoptive parents, all types of far reaching implications to a supported decision by DCF against you. Appeal it, protect your constitutional rights.
Number four last but not least. The final is with DCF does an investigation, whether it’s emergency or non-emergency and they find that the allegation is unsupported and everybody goes home happy.
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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.
What if the investigator isn’t able to get the needed information so he is unsure and asks his supervisor who tells him to assign a work find it substantiated for enough time for them to speak with the only provider they didn’t speak with and I did file appeal but they had already warned me that Dcf automatically appeals if not in their favor?