What is the MA DCF Interlocutory Appeal?

MA DCF Appeals - Interlocutory Appeal

Many caregivers may come across the term “Interlocutory Appeal” during the course of their Massachusetts Department of Children and Families (DCF) investigation. In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. An interlocutory appeal by definition is a remedy by a court, BEFORE a claim is judged or while it is still being heard. A remedy is a compensation for loss, damage or injury, or enforcement of certain rights. An interlocutory appeal lets parents, legal guardians or custodians to challenge certain parts of their MA DCF investigation that they do not agree with, before a claim is judged. They are rare as they apply only to very specific functions of MA DCF law. Only a handful, maybe two or three may actually know what this very specific phrase actually entails.  Do not feel discouraged if you are confused by the Interlocutory appeal. It is not your job to understand how this works, that’s for lawyers. You be the parent and let your lawyer handle it.

Why Should You File a MA DCF Interlocutory Appeal?

These appeals can carry huge benefits for your rights and the rights of your children. In simple terms, the interlocutory appeal is a way to get relief from a MA DCF order without having to wait a long time for a judge’s decision. It is also a method of remedial intervention. There will always be some errors by the lower court that must be corrected promptly. What happens if MA DCF improperly terminated parents’ visitation with a child? Wouldn’t they understand that it causes emotional distress to the child? If it is filed in the wrong method, it will ultimately be hurting the child. Filing an interlocutory appeal is a way to keep MA DCF in check by the power of a higher court judge to apply their review.

When Should You File a MA DCF Interlocutory Appeal?

Situations that allow you to file a MA DCF interlocutory appeal include:

  • Failure of the court to grant a timely 72 Hour Hearing, taking too long to provide proper notice
  • The court severely limiting a parent’s ability to present evidence at the hearing, like withholding certain information or possibly blocking the admission of evidence without good reason
  • Improper or pre-emptive termination of parental rights or visitation
  • Improper termination of family services
  • Applying an improper legal standard to terminate a parent-child visitation
  • Improperly taking a CRA child and placing them in a MA DCF facility, in violation of a state and federal law
  • Improperly restricting a parents’ right to free speech. 
  • If a court fails to issue its findings and judgment within ninety days after the trial has concluded. 

You can file interlocutory appeal in the case you believe your child was abused or neglected while in temporary custody of MA DCF and the social worker. However, a finding of abuse will not stay the court or throw out the matter, you must still fight to challenge MA DCF’s petition to adopt. Find an attorney to help you with the MA DCF interlocutory appeal.

Where Should You File Your MA DCF Interlocutory Appeal Filed?

There are two routes to file an Interlocutory relief form. They are separate and distinct however achieve more or less the purpose. In Probate and Family courts, appeals must be filed through a single justice of the Appeals Court. In this situation parents are in court to challenge MA DCF’s petition for custody.  The second case, in the District and Juvenile courts, relief must be sought through a single justice of the Supreme Judicial Court. The District and Juvenile courts deal with matters such as Child Requiring Assistance and Care & Protection. In either case, you must be able to show that there is no other way to gain relief through the courts. If you feel that you are not being adequately represented through the courts, discuss with your attorney how an interlocutory appeal may help you. 

When is the Best Time to File a MA DCF Interlocutory Appeal?

The best time to file a MA DCF interlocutory appeal is after the trial starts and before a judgement. Failure to seek relief early on may very well determine the final outcome of the proceeding, so it is in your best interest to act quickly and get the ball rolling as soon as you can. Understand that the point of this appeal is to receive remedy or relief DURING the course of your trial involvement. Any attempts to reverse a Supported decision can only be resolved through the request of a Fair Hearing, thirty days after the filing of the decision. As a result, the only point you can seek interlocutory relief is during the trial process, either in Juvenile and District Courts OR Probate in Family Court. 

What Should Your Attorney Include In Your MA DCF Interlocutory Appeal Petition?

When creating a petition, please include:

  • A description of the parties
  • A specific description of the proceedings in the lower court, including the name of the court and the trial judge, the lower court docket number and the date of the hearing that produced the interlocutory order
  • Fair Hearing number, if applicable
  • Relief sought after a brief discussion of the order being appealed
  • A description of the controversy
  • The issues of law being raised
  • A memorandum explaining the reasons why exercise of the Supreme Judicial Court’s power of general superintendence is appropriate. Also included are the grounds supporting the relief sought, with citations to authority

Where is the MA DCF Interlocutory Appeal Hearing?

The interlocutory appeal is heard through a Hearing, filed jointly by the parents’/caregivers’ attorney along with the opposition. If a date is not decided in agreement of both parties, the hearing will be rescheduled. The hearing will be in Boston, either in Juvenile Court or Family and Probate court. The court depends on the nature of the issue. Present for the proceedings is a single justice, the parents/caregivers, the parents’/caregivers’ attorney, and the opposing counsel. Hearings are on a question-answer basis. They let each side state an argument which supports their position and weakens the opposition. 

What Can a Judge Do After an Interlocutory Appeal Hearing?

There are a few resolutions or dispositions that a judge can reach, including: 

  1. The justice can simply decline to act on the petition. This does not result in relief.
  2. The justice can consider the petition on the merits and decide to allow it. Here the justice actually grants the relief order.
  3. The justice can remand (return) the matter back to trial court for further proceedings, and nothing is done at all for relief.

Can You Appeal a Judge’s Decision For the MA DCF Interlocutory Appeal?

There is an opportunity to send the single justice’s decision for further review in a higher court. A decision can be reviewed on only 3 (three) circumstances.

  1. The matter can be reported to the full court or further appellate review.
  2. If the single justice grants relief from an order of the Probate and Family court that granted or dissolved a preliminary injunction
  3. Another single justice may review the matter under G.L. c. 211 Section 3. However it must be proven that there is no other method of gaining relief.

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

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.