Avoid A DCF Child Abuse and Neglect Investigation Before It’s Too Late
This article helps explain how the Massachusetts Department of Children and Families (MA DCF) investigation for abuse and/or neglect begins. Knowing this information can help parents understand why DCF is in their life. It can also improve someone’s situation and help them survive DCF allegations and a 51B investigation. But no matter how much you educate yourself about DCF’s policies and procedures, no one can help you better than an experienced DCF lawyer. The best DCF attorneys make the process easy for you. They set you up with a plan, they prepare you for DCF’s questions, and they take care of your whole case for you. Your lawyer’s goal must be to get DCF out of your life before you lose your children to foster care.
How does DCF Begin an Investigation for Abuse and/or Neglect?
The DCF 51A/B investigation begins with the “51A report”. The 51A report follows the guidelines of Massachusetts General Laws, Chapter 119, §51A. When someone reports to DCF that you are abusing or neglecting your child, a DCF social worker should contact you. They should tell you they are filing a 51A report against you. In more pressing, emergency situations, there is the possibility of DCF seeking custody of the children in question. However, in the majority of cases DCF will call parents or caregivers on the phone, or send them mail if the situation warrants this, in order to notify these individuals that DCF will be investigating. Once DCF files the 51A report, DCF must “screen out” or “screen in” the report. When they decide to screen in the report, it means they decided to do an investigation. In other words, when the 51A report indicates a child abuse or neglect situation, DCF will screen in the report and begin the 51B investigation. The 51B investigation follows the guidelines of Massachusetts General Laws, Chapter 119, §51B.
Does DCF Immediately Screen In or Screen Out Reports of Child Abuse and Neglect?
It is very common for DCF to “screen in” or “screen out” a report immediately after the call from a reporter. 110 CMR 4.21 allows DCF to “screen out” reports for many different reasons. Some of those are the following:
- The report describes a situation that is too old
- The reporter made unreliable or false reports about the family before
- DCF already investigated the allegations and found to be “without merit”
Who Reported You to DCF?
The short answer is, a mandated, non-mandated, or anonymous reporter reported you to DCF. When someone has concerns that a parent or caretaker is abusing or neglecting a child in Massachusetts, they contact DCF. That person is either a mandated, non-mandated or anonymous reporter. Most of the people who report to DCF are mandated reporters. They are professionals who work closely with children. Examples of mandated reporters are: teachers, doctors, and police officers. These people must report every suspicion of child abuse or neglect. This is because they see children often and therefore should be able to identify signs of abuse and neglect in a child. Non-mandated or anonymous reporters are people who are not mandated reporters. They can be anyone from strangers to grandparents, the children involved or living in the house, or even other caretakers in the situation. Only non-mandated reporters can be anonymous reporters. That means when a mandated reporter reports someone to DCF, they must give DCF their name and contact information. DCF usually protects the identities of the people who report to them. You can guess who reported your family to DCF, but DCF will not confirm or deny any of your suspicions. The 51A report initiates the intake process when social workers or other DCF professionals will call or reach out to the parents or caregivers and screen the interactions to determine the credibility of the report and whether or not it indicates the need for an investigation regarding child abuse or neglect.
Why Should You Care About the 51A Report?
DCF writes down everything the reporter says and puts it into the 51A report. So, the 51A report contains all the information which led to the DCF allegations of abuse and/or neglect against you. Since these reports include sensitive information about your family, you should ask DCF for a copy of the 51A report if they do not give it to you. When DCF takes too long to send you the report or when DCF refuses to give it to you, you should hire an experienced DCF attorney to help you.
What Should You Do if DCF Calls You?
Many caretakers are terrified when DCF first calls them. They feel, too scared to think a plan to protect themselves and their children. These caretakers rely on DCF to tell them what their rights are. What parents fail to realize, though, is that DCF investigators never have to tell someone what their rights are. DCF social workers have training in pretending to be the parent’s friend during their investigation.
When Will DCF Take Away Your Child Without Calling you?
DCF will probably take your child away without calling you under emergency circumstances. When the Department gets a call about an emergency situation, they can file a Care and Protection without you knowing about it. Then, they can get a judge to sign an order which allows them to remove the child from the home without talking to the parents. DCF can do this because they are seen as “experts” in child welfare. Their first priority is to protect the child’s best interests. So if DCF notices something that tells them the child is not safe at their home, they will try to take the child away even if it was a misunderstanding. For example if there is major domestic violence going on in the home, DCF can take emergency custody of children. They can do this by claiming the child’s life, health or safety is in “immediate danger”.
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.