Who is a “Court Investigator” in a Care and Protection?

The Court Investigator in a Care and Protection case is a qualified person who makes a report, written under oath, describing the conditions affecting the child in question. This investigator must be an expert in child welfare and is often integral in the fight against DCF. After the investigator submits their report, their only other responsibility is to appear for trial when they are requested by a party or by the court. The Court Investigator is supposed to be completely neutral. That means they are not allowed to have any relationship or past involvement with any party of the case. The court is required to assign a Court Investigator to investigate the case and make their report. They are appointed by a judge from the Juvenile Court. Judges can choose whether to appoint a Court Investigator when the petition is filed, or at the “72-Hour Hearing.”

What does the Court Investigator’s Report Contain?

The Court Investigator’s report must focus on the facts concerning the child’s welfare. Their report may include the court investigator’s own opinions and recommendations. Some judges may choose to accept these opinions and recommendations, other judges will not accept them. The investigator’s report must include information from various sources. These sources include:

• The Massachusetts Department of Children and Families (MA DCF) social workers
• DCF’s records on the family in question
• The parents
• The children
• The child’s probation officer(s)
• Other relevant collaterals

The investigator should reach out to the parents and explain how they will use the information in their report. They should also inform parents that anything they tell the investigator may be used against them in court; whatever parents tell the investigator is not confidential.

 

How Long does the Court Investigator Have to Submit their Report?

The Court Investigator has options regarding the deadline to submit their report. The investigator must file their written report within sixty (60) days of the Care and Protection case being filed. Or, they can file their report within forty-five (45) days of being appointed as the Investigator. The deadline depends on whichever comes later. Court Investigators almost always ask for an extension to submit their report. This process is a crucial part of the DCF investigation process, as it can significantly impact the parents’ rights against DCF.”

 Kevin Seaver is a trusted MA DCF Attorney Specializing in DCF Law since 1991. 

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.