A DCF investigator made an unannounced visit to a home. The DCF investigator received a report alleging neglect of a three-year-old boy. This situation often raises concerns among parents about what
are my rights during a DCF investigation and the DCF investigation process. The DCF investigator reported that the house was in complete disarray with trash, debris, and clothing all over the home.
The DCF investigator also reported smelling the pungent odor of marijuana wafted through the home. The DCF investigator reported the condition of the home to his DCF supervisor. The DCF supervisor ordered an emergency removal of the three-year-old boy from his home. Emergency removal in MA is necessary when a child faces serious abuse or neglect, requiring immediate protection (Mass.
General Law c. 11, § 24). When questioned by the DCF investigator, the mother admitted to smoking marijuana a few times per week. Mother, however, denied smoking when her son was under her supervision. The father admitted to smoking marijuana a few times per day. Father clarified it happened at work, not at home caring for his son. Both parents asked DCF to have their son stay with a family relative.
This family member was an aunt. DCF denied this request and instead placed the three-year-old boy in a foster home that night. DCF denied their request until the department had time to investigate the aunt as a resource. The case went to the Juvenile Court for a 72-hour custody hearing. The court addressed if DCF made “reasonable efforts” in the presented issue. during the emergency removal of the three-year-old boy.
DCF argued that its actions were justified in not performing “reasonable efforts” to keep the boy in his home. DCF warned of immediate harm due to the home’s condition, impacting a three-year-old boy in court. A Juvenile Court judge agreed with DCF and granted temporary custody of the child to DCF. The court grants custody to DCF, requiring “reasonable efforts” before removal, except for specific narrow exceptions. Child abandonment
- Felony assault
- Termination of parental rights to another child
- Exposing child to aggravated circumstances like murder or sexual abuse. The Appeals Court determined the Juvenile Court judge’s ruling in favor of DCF custody without “reasonable efforts” an error in law. The Appeals court found that the home conditions did not fall into one of the four narrow exceptions for making “reasonable efforts.The case was appealed further from the Appeals Court to the highest court in MA, the Supreme Judicial Court (SJC). AN opinion authored by Chief Justice Gants rejected DCF’s claim that “reasonable efforts” do not need to be made for reasons outside of the four narrow exceptions and that their actions of removing the boy were not in an error of law. The SJC further stated that when DCF fails to make “reasonable efforts” in removing a child, DCF is responsible for providing extra resources to aid with reunification of separated families. This includes extra parenting time, participation in child’s education, and housing assistance. Kevin Seaver is a trusted lawyer since 1991, recognized expert, successfully specializing in fighting the Department of Children and Families (DCF) throughout the Commonwealth of MA.
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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.
