WHAT IS A “SUPPORTED WITH ASSESSMENT” MA DCF OUTCOME? 

One of the ways to have allegations of child abuse or child neglect supported against you is through the “Supported With Assessment” decision.

After the 51B investigation is completed, The Massachusetts Department of Children and Families will determine whether the child can keep living with their parents at their home, or whether the child should be taken away. 

There are only four decisions MA DCF can make after completing the investigation:

1. The MA DCF Unsupported
2. MA DCF Substantiated Concern
3. The MA DCF Supported
4. MA DCF Supported with an Assessment

This decision is a final, non-remedial decision to find individuals guilty of child abuse or neglect that occurred by an alleged perpetrator, in most cases a relative or family member.

Once an allegation has been supported post-investigation, the family is introduced to a social worker and an assessment is opened. MA DCF has 45 days to complete an assessment of the family to determine if you need services. 

HOW DOES MA DCF REACH THEIR DECISION TO “SUPPORT” THEIR ALLEGATIONS

The Department bases their decision off of many factors collected during the investigation including, 

• Direct disclosure by the child(ren) or caregivers
• Physical evidence of injury or harm
• Observable behavioral indicators
• Corroboration by collaterals (e.g., professionals, credible family members)
• The social worker and supervisor’s clinical base of knowledge

DOES A “SUPPORTED WITH ASSESSMENT DECISION” MEAN MY NAME GOES ON MA DCF’S CENTRAL REGISTRY?

A Supported Decision, prior to any appeal, likely resulted in placement on MA DCF’s Central Registry. The Central Registry is established under MGL Chapter 119, Section 51F, it is a list of names of all perpetrators who have had allegations “Supported” against them. 

Only perpetrators who have had their allegations Supported will be added to MA DCF Central Registry. Allegations of sexual abuse get referred to the District Attorney. If those types of allegations are supported, an additional listing on the Registry of Alleged Perpetrators is expected.

DOES MA DCF OPEN ASSESSMENTS AFTER EVERY SUPPORTED DECISION?

In short, no. MA DCF only opens an assessment when they believe that an investigation has revealed issues that could be resolved through family services. Where an assessment would not be appropriate would be in situations where the alleged perpetrator does not have a direct custodial role of the child in question. This could be a teacher, coach, nurse, guidance counselor, camp counselor, or even a babysitter. These individuals do not live with the child so family therapy, parent education, or even counseling would not be applicable.

WHAT SHOULD I EXPECT DURING MY MA DCF SUPPORTED WITH ASSESSMENT?

Assessments are used to determine what changes or services family members could benefit from in relation to the incidents that led to the initial investigation. 

The new social worker will try to get to know you and your family during the assessment period. This is a good time for you to find out what services DCF offers and whether those services can help your family. DCF services include:

• Day-care
• parent-aides to help you with some of the things you need to do for your child,
• counseling for you and your children,
• parenting education,
• help with housing and utilities, and/or
• other things to help your family.

Usually you will get a “service plan” at the end of the assessment. The service plan describes the services you will get. The service plan also says things that you have to do. The may include plans like:

• Go to counseling,
• Make sure your child gets to school on time,
• Make sure your child does his or her homework.

CAN I APPEAL MY MA DCF SUPPORTED WITH ASSESSMENT DECISION?

You have 30 days from the date of the MA DCF Supported Decision to appeal the decision before a MA DCF administrative hearing. This administrative hearing is called the MA DCF Fair Hearing. The Fair Hearing involves an informal hearing, which generally includes the alleged perpetrator and his or her attorney, the Fair Hearing Officer, and one or more representatives of the DCF regional office that conducted the investigation.

Supported Allegations of child abuse or child neglect can be reversed ONLY through a Massachusetts Department of Children and Families Fair Hearing. You have thirty (30) calendar days from the date of your supported decision to file a Fair Hearing. Failing to file in a timely manner may result in the waiver of your legal right to appeal.

You should appeal as soon as you learn of the supported decision. After 30 days is up, there is no way to reverse a decision.

You cannot file a grievance to reverse a Supported Decision.

HOW DO I REQUEST A MA DCF FAIR HEARING? 

The way to file for a DCF Fair Hearing is through a formal written request, addressed to the Fair Hearing unit at 600 Washington Street, Floor 6, Boston, MA 02111 within thirty (30) calendar days of the decision.

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