What is a “Supported Without Assessment” Decision by MA DCF? 

After the 51B investigation is completed, The Massachusetts Department of Children and Families (MA DCF) 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. MA DCF Unsupported
  2. MA DCF Substantiated Concern
  3. The MA DCF Supported (without family assessment)
  4. MA DCF Supported with an assessment

Supported Without Assessment” decision is one of the ways to have allegations of child abuse or child neglect supported against you is through the . This decision is a final decision to find individuals outside of the home guilty of child abuse or neglect. You always have the chance to appeal. Family services would not be appropriate due to the nature of the relationship of the alleged perpetrator to the child. This could be a decision assigned to any caregiver when the child is not in the direct custodial care of the alleged perpetrator. 

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How Does MA DCF Reach Their Decision To “Support” Their Allegations?

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

  • Direct disclosure by the child(ren) or caretaker 
  • 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 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. An additional listing on the Registry of Alleged Perpetrators is expected. If you find yourself or a loved one in this situation, understanding the DCF appeal process is crucial to challenge the decision and protect your rights

 

CAN I APPEAL MY MA DCF SUPPORTED 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
  • 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 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 decision. After 30 days is up, there is no way to reverse a decision.

You can only appeal a Supported Decision through a Fair Hearing. If you appeal by grievance, your grievance submission will be treated as a request for Fair Hearing.

MA DCF Supported Decision
MA DCF Supported Decision

HOW DO I REQUEST A MA DCF FAIR HEARING? 

A DCF Fair Hearing is filed with a formal written request. This can be done in many ways. You must submit a formal written request addressed to the Fair Hearing unit. This must be sent to 600 Washington Street, Floor 6, Boston, MA 02111 within thirty (30) calendar days of the decision.

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.