DCF Attorney explains Assessment and Investigation

How To Handle A MA DCF Assessment Without Losing Your Children

Once the Massachusetts Department of Children and Families (MA DCF) launches an investigation for child abuse and/or neglect with you or your family, you face risk of being involved with the agency for a long time. The conclusion of the DCF investigation will determine whether it will continue with an assessment or not.

How Long Can MA DCF Be Involved With My Family After An Investigation?

DCF has three options after completing an investigation for child neglect or abuse:

1. DCF can “unsupport” the allegations of child abuse or neglect by entering an “unsubstantiated finding.” The agency couldn’t find enough evidence to determine child neglect or abused by a caretaker. In this particular scenario, DCF will generally proceed to close the case; nevertheless, it’s crucial to consider additional factors. Firstly, a comprehensive review of the documentation it is essential to conduct a thorough assessment of the family’s circumstances. Moreover, collaboration with other relevant agencies is imperative. The passive voice in the original sentence is already below 10%. The active voice version is concise and directly states the action without unnecessary passive construction. Reaching a well-informed decision about closing the case becomes possible as a result. In conclusion, while DCF will typically close the case, the intricate nature of child welfare necessitates a meticulous and comprehensive approach.
2. DCF can support the allegations of child abuse or child neglect. DCF found evidence of child abuse or neglect, indicating your child is at risk.
3. They may find a “substantiated concern” if there’s enough troubling evidence, though not definitive proof of abuse or neglect. In this case, DCF can choose to either close the case or keep it open and continue its involvement. Typically, the latter happens. Therefore, DCF will continue involvement and move onto the DCF family assessment if the original investigation of child abuse and/or neglect comes out to a “supported” or “substantiated concern” conclusion.

What Is A MA DCF Family Assessment?

The next step after the DCF supports allegations of neglect or abuse is a family assessment. This assessment aims to identify potential services required for your family. But in reality, this is a way for MA DCF to continue and prolong its involvement with your family to continue investigating their concerns outside of court, the family assessment takes place. Caution is advised for parents, as statements made to social workers could potentially be employed against them in legal proceedings. This applies to various entities, including doctors, therapists, schools, afterschool programs, and other family members. Parents should be cautious as statements to social workers outside of court may be used against them in future legal proceedings abuse and/or neglect. A failure or refusal to participate in the family assessment creates significant risks for a parent or caretaker. Some attorneys may argue that participation in the family assessment is voluntary. However, parents who Those who refuse assessment must acknowledge the agency’s vast power and tools. MA DCF can refer cases, initiate court proceedings, and investigate neglect or abuse, a common practice.

What Is A “Service Plan”?

During the DCF family assessment, the social worker will meet with you and your family multiple times. He or she will also likely attempt to set you and your family up with services, in addition to a “Service Plan” that DCF develops. Most times, the DCF will ask parents and caretakers to voluntarily comply with the Service Plan. Parents may even be offered a Service Plan if their child is removed from their custody and taken to Juvenile Court. Parents must be careful when signing a Service Plan. Be wary that the plan may include admissions or suggestions of admission that the parent has engaged in problematic behavior. For example, a service plan that watch what you say to social workers; statements can impact future legal proceedings for parents interpreted as admission of domestic violence of physical child abuse in different contexts.

DCF will ask you to sign the service plan and follow it, and if you do not, they can extend their involvement in your life, or take more drastic measures, such as involve the court. Nevertheless, there may be instances where signing a service plan exposes a parent or caretaker to other risks that the individual must be consider. Before taking irreversible actions, it is advisable for parents or caretakers to seek guidance from a seasoned and reliable DCF lawyer.

What Can I Do About a Supported Finding of Neglect or Abuse?

If you choose to challenge a supported finding of abuse and/or neglect, you must timely request a Fair Hearing. Upon receiving a notice of a supported finding, DCF must furnish you with instructions on how to proceed. You can challenge a finding by hiring counsel, bringing witnesses, and presenting your case to a Fair Hearings Officer.

Kevin Seaver is a trusted Massachusetts DCF Attorney specialized in the MA DCF Assessment 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.