Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.
How to Understand the MA DCF SAIN Interview
What is the MA DCF SAIN Interview?
The MA DCF SAIN interview is an interview of a sexually abused child. When by the Massachusetts Department of Children and Families (MA DCF) screens in an allegation of child sexual abuse, the report must go to the District Attorney’s (DA) Office. The victim may be interviewed many times which forces them to relive the trauma. The SAIN eliminates multiple interviews. In addition to DCF, the people involved in a SAIN interview include:
Assistant District Attorney – They will discuss the possibility of prosecution with you.
SAIN Coordinator – They help to coordinate the team interview.
Forensic Interviewer – They are specially trained to conduct sensitive interviews of children.
Family Service Advocate – They work to meet the needs of the child victim and their family during the SAIN process and/or any court proceedings.
Law Enforcement – They work to carry out the criminal investigation, if any (i.e. making arrests).
What Does S.A.I.N Stand For?
“S.A.I.N.” stands for Sexual Assault Intervention Network.
Who is in Charge of the MA DCF SAIN Interview?
A Pediatric “Sexual Assault Nurse Examiner” (S.A.N.E.) and/or a mental health consultant can occasionally be present during the interview. During a SAIN interview, the forensic interviewer conducts the interview of the child in a closed room, behind a one-way mirror. The interviewer will often have an earpiece in his/her ear to hear questions from the team observing the interview from behind the one-way mirror. The team can see into the room with the interviewer and the child, but the interviewer and the child cannot see out of the room hence the one-way mirror. Parents and guardians are not allowed to be present during the SAIN interview. They also cannot watch it. Following the interview, team members meet to discuss the next steps. These next steps include the investigation, possible prosecution, the need for any victim advocacy, any necessary medical follow-up, and mental health referrals. The child and family are provided with victim services and support.
What is the Purpose of the MA DCF SAIN Interview?
The purpose of the MA DCF SAIN interview is to decrease the number of interviews of a sexually abused child. The SAIN eliminates the need for multiple interviews of a sexually abused child. It should be thorough and understanding so that a child does not have to relive the trauma of explaining what happened to them over and over again. The Department will cooperate with the DA to gather a Multi-Disciplinary Service Team to conduct each SAIN interview.
Who is the Multi – Disciplinary Service Team?
The Multi-Disciplinary Service Team (MDST) includes the family’s current social worker, DCF Supervisor, DA representative, and at least one other impartial member. If the referral involves a victim of sexual exploitation or human trafficking, the MDST must also include:
- A police officer/designee of the police chief
- A social service provider
- A medical/mental health professional and other deemed appropriate.
All members of the team are specifically trained to help child victims of sexual exploitation or human trafficking.
What Situations Lead to MA DCF Mandatory Referrals to the DA?
A MA DCF Mandatory Referral is when DCF has to send a report to the DA. The Department must contact the DA when a child may have suffered:
- Death
- Brain damage
- Loss or substantial impairment of bodily function or organ
- Substantial disfigurement
- Serious physical injury
- Sexual assault, human trafficking
- Sexual exploitation
DCF must also contact the DA when there is evidence of physical or sexual abuse that is in danger of being lost or destroyed.
What Leads to MA DCF Discretionary Referrals to the DA?
MA DCF discretionary referrals can happen at any point in the Department’s involvement with a family. It usually happens as soon as the Department learns alarming information. Reasons for referral include fear for the well-being of children or for the safety of the general public.
What is the Purpose of the MA DCF MDST Meetings?
The MSDT will have full access to the Action Plan and any personal data on the family. That includes 51B investigations, and assessment casework.
The MDST has meetings to:
- Discuss the current status of child and family as well as ay intervention initiated
- Review and discuss the existing Action Plan for family including revisions
- Make recommendations as to the advisability of prosecuting any individuals
- Discuss the possible effects of prosecution on the child and family
- Explore the possibility of utilizing any existing diversionary programs
- Determine if the child was a human trafficking victim (and recommend a plan for services if they were)
Before the MDST meeting, a copy of the family’s MA DCF Action Plan is forwarded to the DA. Additional or revised Action Plans may be forwarded to the DA at the Area Directors discretion. This decision is based on the individual case and the level of the DA’s involvement. The MDST may notify the DA when a family has failed to participate in the Action Plan. The MDST may notify the Area Director of that as well.
Kevin Seaver is a trusted MA DCF Attorney Specializing 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.