Why Should Every Parent Hire a DCF Attorney for their MA DCF Case?
Every parent should hire a DCF attorney for their Massachusetts Department of Children and Families (MA DCF) case because DCF lawyers know the ins and outs of the DCF process. An experienced DCF attorney will help prepare and guide you for every conversation you have with DCF. Most parents or caregivers involved with DCF do not know the Department’s rules, regulations, policies and procedures.
The most experienced lawyers in DCF law have handled thousands of DCF investigations and assessments. Do not make the mistake of trying to fight DCF on your own. Hire an attorney who can help guide you through the process with an easy, step-by-step plan. Hiring a DCF attorney is a parent’s or caretaker’s best chance to reverse false allegations of child abuse or neglect.
How does MA DCF Begin a DCF Investigation?
A phone call reporting child abuse or neglect leads MA DCF to begin a DCF investigation. A mandated, non-mandated, or anonymous reporter will make the phone call.After the phone call, DCF must determine whether or not the report is worth investigating. They do this through what is called the screening process. When the DCF “screens in” the report, the report is worth looking into. When the DCF “screens out” the report, DCF does not investigate the case.
After the screening process is complete, MA DCF will begin an investigation into the report. This is called a “51b Investigation”. Different situations require different kinds of investigations. There are two types of investigations DCF can conduct: emergency and non-emergency investigations. Emergency situations are where the child’s safety and wellbeing are at imminent risk of danger.
Non-emergency situations are situations where the child is not in imminent danger or at risk of child abuse. Keep in mind that the most minor incident can lead to a DCF investigation. Even though the incident may not seem like child abuse or neglect to you, it may look like it is to the Department.
What Is the Difference Between the Three Types of Reporters to DCF?
Mandated reporters are professionals who are required by law to file a report to DCF if they suspect child abuse or neglect. Examples of mandated reporters are social workers, teachers, and doctors. A non-mandated reporter is someone who is not obligated to report all suspicions of child abuse/neglect to DCF.
For example, a non-mandated reporter would be a friend or neighbor. Anyone can be a non-mandated reporter. Only non-mandated reporters can remain anonymous. Mandated reporters can never be anonymous reporters; they must always identify themselves to DCF.
What happens during a MA DCF investigation?
During a MA DCF investigation, the DCF social worker assigned to your case will interview everyone involved in the incident. DCF will also interview collateral contacts, such as extended family, friends, your and your child’s therapists, your child’s pediatrician, or your child’s teacher.
DCF interviews collaterals to see if these people have ever noticed signs of abuse or neglect in the child. The Department also interviews collaterals to determine how visible the child is in the community.
DCF will also make visits to your home as a part of their investigation. They will check for the safety of your child in their home environment. DCF has the right to interview your neighbors, your children’s adult caretakers, such as teachers, doctors, and counselors.
An experienced DCF attorney understands how MA DCF operates. They will prepare you prior to the home visit to protect you against instructive questions. They can be also present when the DCF questions you.
What Happens After the 51B Investigation?
There are four (4) outcomes after DCF completes an investigation. DCF will do one of the following for the allegations:
- “unsupport” the allegations
- “substantiated concern”
- “support” the allegations
- “support” the allegations with a family assessment
When DCF “unsupports” the allegations, it means DCF thought the allegations against you were false. In this case, it would not be necessary to hire a DCF Attorney, as your involvement with DCF ends there. When the allegations are “substantiated concern”, DCF may begin a DCF family assessment for your case. “Substantiated concern” means DCF has reasonable cause to believe that you may have accused or neglected a child in your care. But, DCF does not have enough evidence to prove the allegations are true.
DCF will continue to be involved in a family’s life after the investigation is over if they decide to begin an assessment. DCF should connect a family to services which can improve the family’s situation during the DCF assessment. For example, if there were child neglect allegations against you due to your anger problems, DCF will probably connect you to anger management courses so that you can avoid future incidents related to anger management.
When DCF “supports” allegations against you, DCF thinks you actually did abuse or neglect the child in your care. Regardless of whether the decision was supported with an assessment or without one, your name will be put into the Central Registry of Alleged Perpetrators when DCF supports an allegation against you. DCF’s decision to “support” allegations with a family assessment just means DCF will begin an assessment after supporting the allegations.
What is a Fair Hearing?
If you believe MA DCF wrongfully supported allegations of child abuse or neglect against you, you can request a fair hearing. The fair hearing process enables people to go against the decision that the MA DCF has given them and have a fair representation to challenge the decision. You must submit this request within 30 days of receiving the letter with DCF’s decision.
A MA DCF attorney will defend your rights against DCF and guide you on how to interact with DCF yourself. When a false allegation of child abuse or child neglect is made against you, you are entitled to a fair hearing. At the fair hearing, you can use evidence and bring in witnesses to vouch for your innocence.
Should You Hire an Experienced MA DCF Attorney?
Hiring an experienced DCF attorney to handle your DCF case can be the reason why you win your DCF case. Experienced DCF attorneys can explain which demands by DCF you should comply with and which ones would violate your rights. Also, an experienced DCF attorney can reversed at a fair hearing.
A DCF attorney can help close your case quickly without you losing your children to DCF foster care. Hire an experienced MA DCF attorney to help you.
Kevin Seaver is a trusted Massachusetts DCF Attorney 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.
