Will a DCF Attorney Know How to Make MA DCF Abuse & Neglect Cases Simple?
When you need help with fighting allegations of child abuse or neglect by the Massachusetts Department of Children and Families (MA DCF), you should get an experienced DCF attorney. When you get an experienced MA DCF attorney, they will work with you to see that your rights are protected. They will be by your side to ensure that your family stays together. Your MA DCF attorney will know how to navigate DCF investigations and the juvenile court system in Massachusetts.
Allegations of child abuse and neglect can lead to DCF taking your children away. They have the right to do a 72 hour hold when they find it absolutely necessary to do so. When that happens, they will go to a judge and seek an order of temporary custody of the child.
You will have to go to juvenile court when DCF gets temporary custody of your child. When you are in the court, you have the right to request a hearing within 10 days. During the hearing, you can present your side of the story and defend yourself against child abuse or neglect allegations. An experienced MA DCF attorney will know how to bring witnesses and gather evidence to demonstrate your position. They will do everything to help get your child back to you.
What happens when MA DCF Investigates?
When DCF does an investigation, it starts with a knock on your door, a letter, or a surprise phone call. Depending on how severe the accusations are on a family, the DCF is required by law to respond within 12 – 72 hours on that accusation. The DCF investigation lawyers and attorneys understand that an investigation can be initiated by a “referral”. The referral is usually mandated by a DCF reporter. When an MA DCF investigator gets a case, they come to your house unannounced and want to investigate you, your children alone, your neighbors, the children’s teachers, psychologists, etc. You have the right to refuse them if they do not have a warrant, and you have the right to call an experienced MA DCF attorney to help you.
When MA DCF receives a call of suspected child abuse or neglect, they will write a report describing the situation. This is called the 51A report. Then the report will be either screened-in or screened-out. A report is screened out when the actions being reported are not considered abuse or neglect. MA DCF screens out a report when the family already has an open case. MA DCF screens in reports when they believe the allegations of child abuse or neglect are true.
DCF will assign a social worker to your case. When the report is an “emergency response“, DCF will have to see the child within 2 hours. The social worker assigned to the case must complete home visits and interviews with the family within 24 hours. DCF can take up to 5 business days to complete the investigation. When the report is a “non-emergency” response, the DCF will assess the child’s safety within 3 business days. Then, DCF has up to 15 business days to complete the investigation.
What is a MA DCF Fair Hearing & Can a DCF Attorney Help?
If you believe DCF did not follow their rules when deciding the outcome of the investigation, you can request a fair hearing. The DCF fair hearing process lets people fight against DCF’s decision at a formal hearing in front of an impartial third party (the Fair Hearing officer). You must submit your request for a fair hearing within 30 days of receiving the letter explaining DCF’s decision.
When the allegations of child abuse or neglect stem from accusations of drug use, domestic violence, sexual abuse, physical abuse, or any other matters, you should immediately call an experienced MA DCF attorney and they will help you.
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.
