MASSACHUSETTS DCF LAWYER HELPS PARENTS FIGHT FALSE CLAIMS AND WIN BACK HOPE. You love your child more than words can say. But the state, through DCF, has come to your door.This is a very tense and hard time for a family. You feel as if you have no voice at all.
We want you to know that the law is here for you, too. In the state of Massachusetts, the law protects both the child and the parent. You have rights when the state calls you a neglectful parent. Do not let fear make you feel small. We are here to help you stand tall and push back. We know how to beat the claims they make.
This is a true story about a good mom named Mary Jones in the great Boston area. Her son, a teen boy, had a bad time with his mind and health. The bad time came fast and strong, and it gave her great worry. Mary Jones did the right thing right away.
She took her son to the local hospital to get help from the staff. She did not leave his side and kept watch near his bed. The doctors spoke to her, and she spoke to them. She made sure that he was safe in their care.
The hospital staff told Mary Jones that her son was set to go home. But then, the staff made a big, bad mistake that hurt her. They did not tell the mom the time her son would leave the room. They did not give her the plan for his care at home.
That same day, the DCF came to her house. They did not tell Mary Jones they would come by. They said that she did not want to care for her son. The state said she would not give him the care he needs to be well.
This was all false, but a bad mistake made it look true on their papers. Mary Jones had to fight for her good name and to keep her son safe. She went through a very hard time for her family.
We want you to know that if this is your story, you are not alone in this fight. There is hope for you, and there is a safe way to win your case. We help good parents fight these types of claims every day of the week. We know the exact rules DCF must play by. We can find the flaws in their whole case.
HOW DCF INVESTIGATIONS START AND WHAT THEY MEAN
The DCF is told to look into claims that come from many places. A teacher, a doctor, or a school nurse can call in a claim about a child. When they make a claim, it is put down as a “Section 51A” report.
This name comes from the state law: M.G.L. Chapter 119 §51A. This state law says what a parent must give to a child each day. This is the law that gives them the power to look into your home.
The law says you must give your child basic care. This means good food, a safe home, and a warm place to sleep each night. It also means you must watch over them well all the time. And it means you must take them to the doctor when they are sick or hurt. If you fail to do these things, DCF can say it is neglect.
When a 51A report comes in to the DCF, they must do their job. They have to start a full search right away, as soon as they can. They have to look into the claim in a short time, which is within 15 days.
They must see if the claim is “Supported.” This means they think there is some clear proof that you did neglect your child. If the claim is not true, they must say it is “Unsubstantiated.”
The rules they must follow are set out in the book of laws called 110 CMR 2.00. These rules tell the DCF staff how to do their work in a fair way. They must do a fair and full search. You should know that you have to work with them, but you also have all your rights as a parent. They cannot just do as they please in your home.
The DCF cannot go past these state laws or their own rules. If they do break a rule, their whole case is weak in court. This is a very strong point we use to help you win.
We look for every time they break a rule in your case. We use those broken rules to show why their whole claim is bad. We hold them to the law that they must follow with great care.
In the story of Mary Jones, the DCF broke a rule when they came to the house. They came late at night, when most folks are in bed. They had no court paper to let them in the door.
The law says they can only do this if a child is in great and clear danger right then. Her son was safe; he was not in danger at all. This was a bad act by DCF. It did not show respect for the rights of Mary Jones.
It showed they did not follow the law set in place for them. The law says that parents are safe in their own homes. The state cannot just walk in when they feel like it. This type of thing is a big mistake that can help a parent fight back with a strong voice.
YOUR RIGHTS AS A PARENT DURING A DCF INVESTIGATION
You must know your rights in this time of great worry and stress. You are not just a name on a piece of paper in a file. You are a mom or a dad with a life and a right to be heard by the court. We want you to feel strong and safe. The law gives you a shield of rights to use.
You have the right to know what they are saying you did wrong in your home. You must get a notice in your hands right away. This notice must be very clear. It must say the part of the law they think you broke. If the notice is not clear, you can ask for more details on the claim.
You have the right to show your side of the story to the DCF. You can give them proof that the claim is false. You can ask your friends, your church, or your boss to speak for you. This is a chance to show the good care you give your child each day. This part is very key to your full defense.
You also have the right to ask for a formal talk, or a “Fair Hearing.” This happens if the DCF says the claim is “Supported.” A Fair Hearing is a good chance to prove them wrong with the facts. It is a time for you to stand up and be heard by a judge who is fair.
WHY FALSE DCF CLAIMS CAN HAPPEN TO ANY FAMILY
It is hard to think that a false claim can happen to you and your home. Most of the time, these claims start from a simple bad mix-up of facts. It is not always someone who is trying to hurt you on purpose. It is often a mistake that gets too big to fix and grows fast.
Think of our client, Mary Jones. The hospital made a poor log of her son’s case. A staff member wrote down the wrong time for him to go home. A nurse did not call her with the final plan. This was not the mom’s fault at all. But it looked like it was her fault on the state form.
The law is clear about one main thing. Neglect must be an intentional act that you did on purpose. You must mean to do a bad thing for it to be neglected in the eyes of the law. Mary Jones did not mean to stop care for her son. She meant to help him get care at the start. She did all she could think of to help him get well and stay safe.
This is the kind of false claim we see in court every day. These are a few quick ways they can happen:
- A bad line of talk
- A lack of good notes
- A bad read of what took place
- The words of a stressed-out family member
We have seen how a small thing can make a parent look bad and lose their child. A line left out of a log. A note that was not filed the right way. The state must use clear facts, not just guesses or poor feelings. We help them see the facts they missed. We make them look at the whole, true story of your life and your love for your child.
THE FAIR HEARING: YOUR TIME TO SET THE FACTS STRAIGHT
If the DCF says the claim is “Supported,” you have a right to a Fair Hearing. This is not like a big court trial that you see on TV. It is a calm, fair place to speak up and tell the truth. The state of Massachusetts makes sure you have this right to speak. It is your best chance to prove your case is true.
At the Fair Hearing, a Hearing Officer will sit and listen to all the proof. This person is not part of the DCF team that came to your house. They are there to be fair to both sides of the case. They will look at every small piece of paper you bring.
What you will see at a Fair Hearing:
- The DCF reports
- The notes from the school and the doctor
- Your words are heard.
- The words of your good friends or your child’s doctor are brought in to tell the truth.
For our client, Mary Jones, the hearing was the time for her to win the case. We showed the Officer the hospital’s own notes. The notes were very clear. She had called, she had stayed, she had done a lot to help her son get well. The notes showed a big lack of talk on the part of the hospital staff. The Officer saw the truth and what really took place.
We show the Hearing Officer when DCF made a big slip-up and broke a rule. The law says DCF must follow 110 CMR 4.27, 4.32, 4.34, and 4.37. These rules talk about how to do a full and fair search of your life. If they did not follow a rule, we point it out right then and there. A poor move, like coming at night or not writing down a good piece of proof, can help a parent’s case very much.
WHAT TO DO IF YOU LOSE A DCF FAIR HEARING
It is sad to say, but even after a Fair Hearing, DCF may still say you are wrong. A loss means that the state’s choice to say the claim is “Supported” stands firm. You must then do what the state tells you to do. You must follow their plan for your family and your home.
If you lose the case, it can change your life a lot. Things that help your child may stop right away. For instance:
- Food aid may be put on hold for a short time by the state.
- Help for your child’s mental state may be held up and delayed.
- Day care help may be taken away from you and your child.
It is hard to hear this bad news. But a loss is not the end of your fight to keep your child. You still have rights and time to act. There is a small time frame to make a move. You have only 30 days or up to 60 days to make an appeal to a high court. This time is very short, so you must act fast.
If you miss the date to appeal, the door may close for good in your case. Do not let that happen to your family. The law lets you go to a high court to keep fighting your case. You can say that the DCF did a bad job with the law and their rules. You can show the court new proof that was not looked at well the first time. This is a new chance to win your case.
THE NEXT STEPS: HOW TO MAKE A STRONG APPEAL
An appeal is when you ask a high court to look at the DCF choice once more. It is a new shot to show the judge that DCF made a bad call when they said “Supported.” It is a time to show them things that the first judge did not see or did not count. This part of the fight is very hard. You need the best help to get this part right and win.
To make a strong appeal, you must do these things:
- Gather up all your school and doctor’s notes.
- Write down what all of your friends and family saw.
- Show how DCF did not do its job the right way.
- Have proof that you are a good parent.
Most appeals look at small points of law in the process. They look for times when:
- DCF did not give you the right notice to tell you they were coming to your home.
- The judge did not look at the good care you gave your child in the way they should have.
- The court made a bad read of a doctor’s note or a school record and did not see the true facts.
The goal is to show the court that the whole DCF process was not fair to you as a parent. We aim to show that the first choice was based on a bad process of law, not on the true facts of your care. We give you a way to stand up for your whole family.
KEEPING YOUR FAMILY SAFE AND YOUR MIND AT PEACE
The fear you feel is real and it is a heavy load. It is hard to sleep at night. It is hard to eat well. This fight takes a great toll on your mind and soul. You may feel sad and full of doubt that you can win. Your child may also feel that the world is not a safe place to be. They may think they did a thing to cause all this bad stress in the home.
Mary Jones’s teen son felt that way, too. He was scared when DCF came to the home to talk. He felt as if he was in trouble just for being sick or feeling bad. The mom had to hold him close and hug him tight. She had to tell him that he was safe with her. She had to spend time giving him love and care while she was busy getting her papers ready for the court date.
It is very hard to be strong for your child when you feel weak and worn down. But you must be strong for them. You must keep your house calm and stable. You must keep a routine for your child each day.
You must stay calm to win. We help you find groups that can give you a hand and some peace. They give you a safe place to speak and learn the rules. These groups can help you learn how to be your own best voice in this long, hard process. Good talk and full notes are the keys to a calm home and a good defense for your family.
FINAL THOUGHTS: TAKE ACTION AND WIN
A false claim of neglect is a very big problem. It breaks up the peace of your home and your mind. But the laws of Massachusetts are on your side. You have rights as a parent under M.G.L. Chapter 119 §51A and 110 CMR 2.00. These laws give you a right to fight back with facts.
Do not let fear make you pause or wait. Do not let the state take your voice or your child from you. You must act at once to keep your family safe in your home.
If you stay calm and you stay wise, you can win this fight. The power to keep your child safe is in your own hands to use. You just need the right tools to use that power in court. We are here to give you those tools to win.
If you or your family is facing false DCF claims, Contact our team today for clear advice. Protect your rights, your children, and the peace of your family home.
Since 1991 Boston attorney Kevin Patrick Seaver has specialized in family law, including divorce and fighting false child abuse allegations and getting DCF cases closed once and for all. Giving parents freedom and happiness.
617-263-2633 – kevin@kevinseaver.com – Kevinseaverlaw.com
