Will There Be a DCF Investigation After Someone Files a Report of Child Abuse or Neglect to DCF
The Massachusetts Department of Children and Families (MA DCF) may or may not do a DCF investigation after filing a 51A report for child abuse or neglect. The Department files a 51A report when a reporter calls a DCF area office near them to report a child showing signs of abuse or neglect. A 51A report does not necessarily mean a DCF investigation will happen right after. Whenever a reporter calls DCF to report that they suspect a parent or caretaker is abusing their child, DCF first has to figure out if a DCF investigation is really necessary. DCF only investigates reports when they can do something about the allegations.
Which Allegations Lead to a DCF Investigation?
There are three (3) kinds of allegations that lead to a DCF investigation:
Sexual and physical abuse allegations are criminal in nature, meaning they can land people in jail. DCF investigates these allegations but they also have to send all reports of child sexual or physical abuse to the District Attorney’s (DA’s) office. So when there are child sexual abuse or child physical abuse allegations against a parent, the parent will face DCF charges as well as criminal charges. DCF also has to send the report to the District Attorney’s Office if a child died. DCF only
deals with cases involving children who were abused or neglected by someone who was supposed to take care of them. Anyone who is responsible for a child’s care would be a “caretaker“. The Department will screen out and choose not investigate cases of child abuse by someone who is not a caretaker. DCF will get the police and local law enforcement to handle those cases. Since reporters sometimes report child abuse or neglect when there is not necessarily any abuse or neglect going on, DCF puts the report through the DCF screening process.
What is the DCF Screening Process?
The DCF screening process is the way DCF decides whether or not they want investigate the reported allegations. During this process, DCF will evaluate the report to see if it meets their criteria for child abuse or neglect.The screening process includes running background checks on the reported caretaker and children involved.
DCF will refer to databases like the Criminal Record Check Service (CORI), the Sex Offender Registry Information (SORI), and consult law enforcement agencies for other records. After searching through this information, DCF will consult other caretakers or professionals in the child’s life, to see if they have any more information regarding the incident. After going through this process, DCF will determine if they should “screen out” or “screen in” the report.
When Will DCF NOT Do a DCF Investigation?
The Department of Children and Families will not do a DCF investigation when a report is “screened out”. A screened out report means DCF felt the report was not so concerning as to warrant an investigation. When the report is about abuse of an adult, or the abuser was not a parent or caretaker, DCF will screen out the allegations and not investigate the case.
The second is when too much time has passed to be able to tell if a child is still in danger. DCF prioritizes protecting and removing children from imminent danger, and helping families resolve the issues afterwards.
DCF is also not supposed to investigate allegations when they are clearly false or incorrect. Sometimes, unfortunately, reporters call DCF with false or incorrect reports of child abuse/neglect.
What Happens After DCF “Screens In” a Report?
When DCF believes there is enough evidence to support the allegations made in the report, it is “screened in”. DCF immediately begins evaluating the safety of the children involved in the claim. They determine if they need to make an emergency response, or a non-emergency response.
For emergency DCF responses, DCF will visit the reported children within 24 hours of screening in the report. Family members and others living in the child’s home are visited within 24 hours as well. If an investigator believes the child is in imminent danger, they can ask the help of law enforcement if family members refuse to allow the social worker to interview the child.
For non-emergency responses, DCF will visit the reported children within 3 business days of screening in the report. If an investigator believes the child is in imminent danger, they can ask the help of law enforcement if family members refuse to allow the social worker to interview the child.
How Does DCF Investigate Child Abuse/Neglect Allegations?
DCF investigations allegations of child abuse or neglect by interviewing the people involved in the report and making visits to the child’s home. DCF first assigns a social worker to investigate the case. The social worker then gathers all the contact information for the people they want to interview. Before the investigation is over, the DCF social worker must see the reported children and interview them, see and interview the parents or caretakers, and make a home visit to the child’s home.
The DCF social worker has a limited time to complete the investigation. For emergencies, DCF evaluates the child’s safety within 24 hours and ends the emergency DCF investigation is within 5 business days. For non-emergencies, DCF evaluates the child’s safety within 3 business days. The non-emergency DCF investigation must end within 15 business days.
As part of the investigation, the social worker can also interview relevant collateral contacts to get a better understanding of the family’s situation. Collateral contacts include therapists, doctors, pediatricians, the children’s teachers and coaches, and friends of the family.
What Will the Social Worker Look for During a DCF Home Visit?
The purpose of a DCF home visit is for DCF to determine whether or not it is a safe environment for the child. During a DCF home visit, the social worker will look for signs of potential hazards for children. They will also look to see if the child has proper resources, and that the home is clean.
What Happens When DCF “Unsupports” the Allegations?
When DCF “unsupports” the allegations, they begin to back away from the family. This conclusion means that DCF was unable to find enough evidence to support the allegations made in the 51A report. With this decision, DCF has also determined that the child is safe in his or her home. Families can still apply for voluntary DCF services or reach out to community services for counseling or support. DCF offers in-home or community based case management for families who need support. Families can contact therapists, special education services, transit services, and mentors as well. Young adults who just turned 18 can also still have access to voluntary services.
What Happens a DCF Investigation Ends in a “Substantiated Concern” Decision?
When DCF decides the allegations should be “substantiated concern”, they will probably begin a DCF assessment. During the DCF assessment, the Department tries to meet the child’s and the family’s needs by recommending services and monitoring the family’s progress.
A substantiated concern decision means DCF could not tell if the allegations made in the 51A report are true. DCF will make this decision when there is no immediate danger to the health and safety of the child. DCF will not refer the case to the District Attorney or law enforcement. Nobody’s name will go on DCF’s Registry of Alleged Perpetrators.
What Happens When a DCF Investigation Ends in a “Supported” Decision?
A “supported” decision is the worst possible outcome of a DCF investigation. It means DCF believes the allegations are true. For every supported allegation, DCF will put the alleged abuser’s name into a database called the DCF Central Registry. This can hurt a caretaker’s reputation and can prevent them from ever working with children again.
When there are supported allegations of child sexual abuse or physical abuse, the parents or caretakers can be arrested. The alleged abuser’s name is put on the Registry of Alleged Perpetrators and DCF’s Central Registry. When the child is no longer safe in their home, DCF will take custody of the child. Then, DCF will place the child with either a trusted family friend or in DCF foster care.
After a supported decision, DCF will close the case and either remove the child from the home or begin a DCF assessment for the family. During a DCF assessment, DCF makes recommendations for certain counseling services and support programs.
What Should You Do to Fight False DCF Allegations of Child Abuse or Neglect?
When you are facing false DCF allegations, understand that you are not alone. The sad truth is that DCF believes they must work in the child’s best interests, and not in the family’s best interests. So DCF’s mindset is that the reported parent(s) must be guilty in some way. This leads DCF to investigate false allegations more often than not.
To fight these allegations, reading up on the policies, procedures, and regulations DCF must follow can help. It’s important for families to fully understand DCF’s process so they can prepare for DCF’s investigation or assessment.
When DCF supports false allegations against you, you can request to have the allegations reversed through a Fair Hearing. You can overturn substantiated concern decisions through the DCF Grievance Process. To lessen the chance that DCF will remove your children, hire an attorney who’s experienced with DCF matters.
A DCF attorney who is an expert on DCF law knows how to best prepare you, your children and your home for when DCF visits. They can explain what DCF will ask in their interviews and they will set you up with a clear, step-by-step plan to get DCF out of your life for good. The best DCF lawyer will know how to get DCF to close your case without you losing your child, time, money and reputation.
Kevin Seaver is a trusted Massachusetts DCF Lawyer specialized 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.
Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.