What is the MA DCF Assessment?

The “MA DCF Assessment” is a process by the Massachusetts Department of Children and Families (MA DCF). It is when the Department evaluates a family to see if they should be connected to services based on the family’s problems. DCF should start assessments only for families who they believe to need their help. This assessment is a crucial part of the DCF investigation process. There will be a new social worker assigned to a family for the MA DCF assessment. It may be the same social worker who investigated the allegations in the “51B investigation“. Usually, however, it will be a new social worker who you’ve never met before. This social worker will be different from the one who investigated the family during the MA DCF investigation. The new social worker will create a document called a “case dictation.” The case dictation is a record of all the interactions between the social worker and the family during the assessment. It will also include information on the family’s general situation, functioning, home environment, composition, and financial status. DCF will not begin an assessment into a family when the allegations against them were unsupported. DCF will only start an assessment when the allegations are:

1. Supported
2. Substantiated concern

A new assessment is not required for closed cases which had previous assessments. For those cases, there will just be an update on the family’s situation. [Pursuant to 110 CMR 5.02].  The MA DCF Assessment, is also known as a “family assessment.”

What is the Purpose of a MA DCF Assessment?

The purpose of a MA DCF assessment is to determine:

• Whether the family would benefit from services
• What services would improve the family’s condition
• Whether DCF should overturn a “supported” or “substantiated concern” decision

The assessment will help your social worker learn about your family’s unique needs and what kinds of support will help you and your children. With that, your social worker will come up with recommendations for which services or programs you and your family should participate in. These recommendations will be put into an “action plan.”

How is the MA DCF Family Assessment Different from the MA DCF Investigation?

Many families confuse a MA DCF family assessment for a continuation of the MA DCF investigation. It’s an honest mistake–these processes look very similar on the surface. Understand, however, that they are very different. The purpose of an investigation is to collect evidence to determine if allegations are true or not. An assessment is more about providing proper support to a family. To keep track of the difference, remember that when DCF starts connecting you to services, it means they started the assessment. The assessment begins after MA DCF completed their 51B investigation. When the assessment begins, your family is assigned to a new social worker. This is a different social worker from the MA DCF investigator you had worked with for the last 15 days. The family assessment begins when DCF decided the allegations should be “supported” or of “substantiated concern”. DCF will not begin an assessment when the allegations are “unsupported” at the end of the investigation. The purpose of the assessment is for MA DCF to determine what services the family needs. The assessment also helps DCF decide whether or not they should overturn “supported” or “substantiated concern” decisions. In other words, a MA DCF assessment gives families a second chance (when they need one) to care for their children better. The Assessment process is just as important to a family as the original investigation process. It is important to consult an attorney throughout this process. Everything the MA DCF social worker learns about and does for your family will be put into a “case dictation.” This is a record of all the relevant information on the reported family. This includes information on all members of the household and the family’s financial status. 

What Happens During a MA DCF Assessment?

During a “MA DCF Assessment”, the Massachusetts Department of Children and Families (MA DCF) will connect the reported family to necessary and appropriate services. These services will be recommended based on what the Department feels is necessary to improve the family’s situation. MA DCF will assign a social worker to work with the reported family during the assessment.

As part of the assessment, the DCF social worker will  interview the family, in person, at least three (3) times within five (5) days. At least two (2) of those interviews will be in the family’s home. The social worker must interview all children in the family at least twice.  The DCF social worker assigned to the assessment will also interview collateral contacts, such as friends, neighbors, and therapists. The social worker should also interview previous and current service providers, extended family members, and any other sources who can provide relevant information about the family. These collaterals will provide MA DCF with important information on the reported family. They will review all information that they already have on the family or the child, including all past assessments or investigations. The social worker will conduct background checks into the family as well. They will look through the “Registry of Alleged Perpetrators” to see if any members of the family are on that list. The social worker will also do a Criminal Offender Record Information check. Most importantly, MA DCF will provide the family with recommendations during the assessment. These recommendations will be specific actions and programs the family can choose to participate in. The social worker’s goal, in giving caretakers these recommendations, is to protect the reported children from further abuse. These recommendations will be put into an “action plan.“

Are There Any Specific DCF Assessment Questions?

There are no specific DCF Assessment questions. Every family has their own unique and distinct needs. The questions your MA DCF social worker will ask you during the assessment are specific to your family.

What is a MA DCF Action Plan?

The “MA DCF action plan” is a document created after the “MA DCF Assessment”. The action plan will list what MA DCF recommends for you and your children. It will also describe the things MA DCF needs to do to help your family. These recommendations are supposed to protect the reported children from further abuse, and remedy the existing abuse. The action plan should respond to the protective needs of all the children in the home. Your social worker must work with you to create this plan. That means you have the right to refuse to participate in some services. It also means you have the right to ask for the services you need. The purpose of an action plan is to strengthen your family and keep your children safe and secure. Make sure you know what is in the action plan before signing it. The action plan will include:

• The permanent placement recommendations for every child in the home
• The changes necessary to improve the family’s condition or situation
• Why MA DCF should continue to be involved in the family’s life

The purpose of the action plan is to strengthen your family and keep your children safe and secure. Make sure you know exactly what is in it before you sign it. Never forget that the terms of an action plan are binding. Do not sign an action plan before having an experienced MA DCF attorney review it first.

How Can an Action Plan with MA DCF Help My Family? 

An action plan helps MA DCF determine which services would be best to help your family function well. The goal for MA DCF during the assessment is to find the services necessary to provide a safe and caring environment for the children of Massachusetts. An action plan is the best way for MA DCF to evaluate your family’s condition and guide your family correctly. MA DCF offers clients with a range of services and programs. Some parents may need to seek counseling for their own relationships. Other parents require counseling to better their parenting skills. MA DCF can also help a family access many different educational services. Depending on the issues, it may be enough to reach out to the community for items from the food pantry. 

How Long does MA DCF Have to Complete their Assessment?

MA DCF has forty-five (45) working days to complete their assessment. This does not include weekends or holidays. Since MA DCF does not work on weekends or holidays, the assessment ends up going on for about three (3) months.

What Happens After the Assessment?

At the end of the assessment, the Massachusetts Department of Children and Families (MA DCF) will review their original “supported for abuse/neglect” decision. After the forty-five (45) days of the assessment, DCF can do three (3) things:

1. keep the case open
2. close the case and overturn the allegations
3. close the case, and keep supporting the allegations the same

The social worker who conducted the assessment and their MA DCF supervisor decides what happens after the assessment. The family should receive both a verbal and written notice of the Department’s decision. When the Department keeps a case open, the family must continue participating in the recommended services. That means MA DCF will continue to be involved with the family. When the Department decides to close the case, they will stop being involved with the family. MA DCF can close the case and overturn the allegations, or close the case and keep the decision regarding the allegations unchanged. DCF may overturn the originally supported decision when the Department feels the family has benefitted from the recommended services. Or, they can choose to overturn the decision when they determined the decision never should have been supported in the first place. MA DCF would close the case and keep the decision regarding allegations unchanged when the family has not demonstrated progress. This means that the family did not benefit from, or they refused to participate in the recommended services.

How Can A MA DCF Assessment Overturn Supported Decisions?

MA DCF overturns (or reverses) “supported” decisions through “Administrative Review”. The Department will decide to overturn a decision for the following reasons:

1. The supported decision is unreasonable based on the information gathered during the MA DCF investigation
2. The supported decision is against DCF’s policies
3. New information uncovered during the assessment, not available during the investigation, indicates the supported decision is unreasonable
4. New information gathered during the assessment contradicts reasons for the supported decision

What Happens When MA DCF Reverses a Decision?

Every time the Administrative Review process changes a decision from “supported” to “unsupported”, the following must happen:

1. Everyone involved with the case will be notified that the decision has been changed to “unsupported”. This includes the parents, the reporter who filed the original allegation report, and anyone else identified on the MA DCF Registry of Alleged Perpetrators as a result of the supported investigation.
2. The “supported” decision is changed to “unsupported” in DCF’s Central Registry (it should seem like the original decision was “unsupported” the whole time).
3. MA DCF will remove your name from their Registry of Alleged Perpetrators.
4. The documents for your case will be filed as closed records (i.e. 51A reports and 51B investigations).

What is Administrative Review?

“Administrative Review” happens after MA DCF completes the assessment. It is a process where the “higher ups” working for the Department, such as MA DCF supervisors, determines whether “supported” or “substantiated concern” allegations should be reversed to “unsupported. Through this process, the Department examines all information collected during the assessment. They also examine all information collected during the investigation which led to the supported decision in the first place. Anyone can waive their right to a DCF assessment. A parent may want to waive this right when they agree with the Department’s original decision to support or substantiate the allegations of child abuse or neglect.

What Happens When you Refuse a MA DCF Assessment?

When parents refuse to participate in a MA DCF assessment, that might mean they will lose custody of their children. When DCF cannot help your children through services, they may try to help your children without you. The Department may choose to file a care and protection petition for the family which would put the child in DCF’s temporary custody. Then, they would force the child to participate in the recommended services.

What is a Successful MA DCF Assessment?

A successful assessment would look like MA DCF closing your case and changing a “supported” decision to “unsupported.” In that case, you would keep custody of your children and have MA DCF out of your life forever. An unsuccessful assessment would be MA DCF keeping your case open without changing the “supported” or “substantiated concern” decision. You can lose temporary custody of your child until MA DCF decides you’ve learned enough from treatment services to prevent you from abusing or neglecting your child ever again in the future. An unsuccessful assessment could also be DCF closing your case, but still supporting the allegations. When that happens, it could mean losing custody of your child permanently.

How can Parents Have a Successful MA DCF Assessment? 

It is always in your best interest to avoid openly defying MA DCF demands without at least first working with them to come to an understanding or agreement. DCF can always refer cases to the District Attorney and file a C&P (Care and Protection) with the Juvenile Court. It is not in your best interest to ignore or seem like you are ignoring MA DCF’s wishes without proper and timely communication during your MA DCF family assessment. To challenge a supported decision of child abuse or child neglect, you must request for a Fair Hearing. You must request for a Fair Hearing in writing within thirty (30) days from the date of a supported decision to request.

https://youtu.be/iukd8qTGi-A

What is the Biggest Mistake Parents Make After Investigation in Massachusetts?

What Can I Do if My DCF Assessment Has Gone On for More Than 60 Days in Massachusetts?

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.