51B Investigation
Department of Children and Families / 51B Investigation
At a Glance
What happens during a 51B Investigation?
- If the child is at risk, DCF may take immediate action, including filing for temporary custody or arranging for emergency services.
- In cases of serious abuse, neglect, or criminal conduct, DCF must report findings to the police and work jointly on the investigation.
- DCF must offer families voluntary or court-mandated services to address risk factors and prevent future harm.
- If a finding is “supported,” the caregiver has the right to request a Fair Hearing to challenge the decision. You must challenge the decision within 30 days of the date on the decision letter. To request a fair hearing send your form by mail, email and fax to: 600 Washington Street, 5th Floor, Boston, Massachusetts 02111 Tel: (617) 748-2030 / Fax: (617) 748-2062 E-mail: DCFFairHearingUnit@state.ma.us
- When a case is closed it does not mean the decision has been reversed or overturned. The only place you can appeal a decision is at a fair hearing.
- The DCF must initiate the 51B investigation within two business days of accepting a 51A report.
- There is an Immediate Response for Emergency Cases If the child is at immediate risk, the investigation must begin within 24 hours and has 5 days to be concluded.
- A non-Emergency Response is when a child is not in immediate danger but there are concerns about their well-being. DCF must initiate the 51B investigation within two business days of accepting a 51A report. The investigation must be completed within 15 business days unless an extension is granted.
- DCF must notify the child’s parents or legal guardians that an investigation is being conducted.
The Difference between a 51A Report and a 51B Investigation
A 51A report is simply the filing of an allegation
A 51B investigation is simply the formal investigative process conducted by DCF after a 51A is screened in. During this process, DCF interviews the child, family members, and other relevant individuals to assess the validity of the allegations and determine whether intervention is necessary.
Criteria for Screening In vs Screening Out a 51A Report
Screened In
A report is screened in if it contains allegations that meet the legal definition of abuse or neglect and provides sufficient details for DCF to investigate. Factors considered include:
- The nature and severity of the allegations
- Whether the child is at immediate risk of harm
- The credibility of the source
- Whether there is a pattern of previous reports or concerns regarding the same child or family.
Item #2
A report is screened out if it does not meet the criteria for abuse or neglect under Massachusetts law or lacks sufficient detail for DCF to take further action. Common reasons for screening out a report include:
- The allegations do not meet the legal definition of abuse or neglect
- There is insufficient information to locate or identify the child or alleged perpetrator
- The information in the report is determined to be unfounded or unreliable
- The alleged perpetrator is not a caretaker
- The alleged child is over
- the age of 18
- The jurisdiction of DCF is not applicable
- The DCF must interview the child.
- The DCF must speak with the child’s parents or legal guardians and gather their perspective on the allegations.
- The DCF will Interview Other Relevant Individuals such as, teachers, doctors, daycare providers, law enforcement, and other people involved in the child’s life.
- The DCF is required to assess the child’s living conditions and determine if the environment is safe.
- The DCF may request and review medical, school, police, and other relevant records to assess the child’s well-being.
- The DCF must decide if there is reasonable cause to believe that abuse or neglect occurred.
- The DCF is required to provide the parents or caregivers with a written notice of their findings and any required next steps.
- If the allegations are supported, DCF must create an action plan outlining steps the family must take to address concerns.
If you have a supported DCF decision against you there are consequences.
Criteria for Screening In vs Screening Out a 51A Report
- Your name may be placed on a child abuse and neglect registry for 75 years, which can impact employment opportunities, especially in childcare, education, or healthcare fields.
- If you work or plan to work in a field involving children or vulnerable populations, a supported decision may make it difficult or impossible to be hired. The decision will show up background checks.
- Depending on the severity, DCF may take legal action, such as filing a care and protection case, seeking guardianship, or recommending termination of parental rights.
- DCF may implement safety plans, restrict visitation rights, or remove children from the home if they believe there is an ongoing risk.
- If you were a foster parent or seeking to adopt, a supported DCF finding can disqualify you from continuing or pursuing that role.
Why Choose Us?
Understanding the DCF is a difficult and arduous task, but we made it as approachable as possible with our Resource Center.
Explore our Resource Center for more detailed information regarding the DCF investigation process and what DCF does when investigating and assessing MA families. If you’re concerned about DCF parental alienation or how to navigate these complex situations, then contact an experienced Attorney to help provide you a plan to navigate DCF. Avoid the traps and pitfalls others have fallen into that keeps their cases open for months to years.
The Law Office of Kevin Patrick Seaver has been a steadfast ally for thousands of clients since 1991, particularly in cases involving DCF parental alienation. Our extensive experience across the Commonwealth of Massachusetts enables us to effectively assist clients in getting allegations declared unsupported, assessments closed, and decisions overturned.
