Case Highlights: Even a False Belief About Violence Can Get You Into DCF Trouble
- Mom and Dad accused of neglect for domestic disagreements
- Department of Children and Families called to the home after an altercation after dinner one night
- Department supported allegations over baseless evidence, didn’t listen to parents’ story
- Attorney Seaver was called to ensure that the department was doing their job
- Parents had case closed once DCF realized there had been no altercation
Case Study:
The case is in regard to a call that the Department of Children and Families received from the police after responding to Mom and Dad’s home. The response was in regards to a call being made by an anonymous caller believing that there was a domestic disturbance between Mom and Dad. When police responded to the home, the only thing they reported was a broken tv remote that had tape on the back. DCF became involved because the children were present. The department took the broken remote as evidence and based a narrative off of it because they believed it was broken during the alleged altercation. The allegations of neglect against Mom and Dad were supported and the case quickly escalated.
This involvement was highly stressful for Mom and Dad. They were cornered by DCF with no way to prove that the allegations were false and not based on anything substantial. When DCF started threatening them with taking the children out of the home, Mom panicked. She knew she needed someone strong to stand in between her and the Department. Fortunately, she knew of Attorney Seaver from a friend who had found success in her own DCF investigation process. Mom reached out to Attorney Seaver and quickly connected about how to best rid DCF out of her life. Attorney Seaver set out to work by providing Mom and Dad with a plan to follow and address DCF’s concerns.
With this plan, they provided the investigator with adequate information to show that there was no domestic violence or dispute. This approach was crucial in their fight against DCF, demonstrating a proactive stance in managing the situation. It was an essential step in understanding what their rights during a DCF investigation were, ensuring that the parents were well-informed and prepared for the process ahead. The broken electronics in the home was not a sufficient indicator that the children were at risk of neglect. Therefore, the investigator and the supervisor had no grounds to continue investigating the family. Mom and Dad closed their case with Attorney Seaver’s assistance, and returned home happy and whole.
If 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.
