Need a DCF Attorney to Help Appeal DCF Substantiated & Supported Allegations in MA?
Has the Massachusetts Department of Children and Families (MA DCF) ever wrongfully accused you of child abuse or neglect? A top DCF attorney can help protect you and your family against substantiated and supported findings.
What does a DCF Attorney Know About DCF Appeals?
A DCF Attorney knows the ins and outs of the DCF appeals process. They know about the appropriate time frames, how to file an appeal, and where to file the appeal.
When the MA DCF issues a finding of substantiated concern or supported allegations of child abuse or neglect, they must send you a written notice of the findings they have. When the alleged individual has committed child abuse or neglect and wishes to appeal the findings, they have to sign a form of the notice the MA DCF has given.
To start the appeal, the individual must submit the form within 30 days. The parent or caretaker accused of child abuse should request a copy of the investigation results before appealing the decision. It is crucial to review the results of the investigation thoroughly. Inform the MA DCF immediately of any mistakes in the findings.
A request for an appeal is an internal pre-hearing review process within the MA DCF. When the MA DCF finds the charges of abuse and neglect to be false or not fully substantiated, the MA DCF may reverse the substantiated findings.
But when the allegations are true, then the MA DCF will assign the case to a hearing officer. The MA DCF will notify the accused person who may then request a hearing. Contact the fair hearing office for any questions or concerns. The following is the address, phone number, fax, and email address:
Fair hearing office:
ADDRESS: 600 Washington St, Boston, MA 02111
PHONE: (617) 748-2030
FAX: (617) 748-2062
EMAIL: [email protected]
What Happens at a DCF Fair Hearing?
During a fair hearing, the MA DCF can submit oral testimony and documentary evidence of child abuse or neglect. The child who is alleged of being abused or neglected may not testify during the hearing.
The MA DCF and the accused may cross-examine witnesses they both have. There is usually no jury during a fair hearing. When appealing to a MA DCF decision, recognize that the MA DCF has the burden to prove the allegations by a preponderance of the evidence. Preponderance of evidence is the greater weight of evidence required in a civil lawsuit.
The evidence is based more on the content rather than the amount. The hearing officer will issue a written result of the outcome of the fair hearing within 30 days. When the outcome indicates the findings are still supported, the accused may file an appeal with the Supreme Court.
What is the Difference Between a Fair Hearing and a Criminal Trial?
The parent or caretaker being accused by the MA DCF of child abuse or neglect does not have the same rights as in a criminal trial. The accused has the right to an attorney during a MA DCF fair hearing but will not be assigned a free, court-appointed lawyer. The standard of proof in an MA DCF differs from that in a criminal case.
At a fair hearing, the MA DCF only needs to prove the allegations by the preponderance of the evidence. This means that the evidence indicates that something has happened. During a criminal trial, the government bears the burden of proving the accused’s guilt.
An MA DCF investigation can also trigger criminal charges. It is important to speak with a top MA DCF attorney to help you close the investigation quicker and help you throughout the investigation.
Should Parents Hire DCF Attorney For More Information on Appealing DCF Substantiation Findings
The consequences of an MA DCF investigation can be catastrophic. Your name will be put in the DCF Central Registry of Alleged Perpetrators when findings are supported against you. You should avoid getting into the MA DCF central registry of alleged perpetrators because it stays on your permanent record, and does not allow you to be associated with children alone.
Etc. A good MA DCF attorney can help with the process of appealing a MA DCF substantiation findings. ]When you have an issue, you should contact a top MA DCF attorney as soon as possible to help you with any needs you have.
Kevin Seaver is a trusted Massachusetts DCF Lawyer Specialized in DCF 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.