DCF Investigation: Can Happy Families Actually be Torn Apart by the MA DCF Hotline?
The Emergency Child Abuse Hotline is as serious as using any other emergency service. The consequences of calling may cause the termination of someone’s parental rights, and removal of the child from that home.
The Massachusetts Department of Children and Families (MA DCF) encourages people to use the DCF investigation emergency hotline to file any reports after DCF Area Offices are closed. The hotline is open after DCF is closed on weekdays and is open on weekends and holidays.
Reports may also be deliberately false. This can cause DCF to wrongfully investigate a family. False DCF allegations are traumatic experiences, especially for all the children in the family.
What is the Massachusetts Child Abuse Emergency Line?
This emergency response system is to ensure the safety and protection of children across the commonwealth. The number for the Child Abuse Emergency line is (800)-792-5200.
The emergency line contains three teams:
- Child Abuse and Neglect Team
- Missing or Absent Child Team
- Support team
The support team is for DCF assistance with after-hour placements. This hotline works with the Department of Children and Families on-call supervisors and emergency response social workers after hours.
Who regulates the DCF Emergency Child Abuse Hotline?
The Massachusetts Abuse Emergency Hotline is run by Judge Baker Children’s Center, a Harvard Medical School Affiliate. The hotline employs Supervisors and Clinical managers who are licensed Social Workers and mental health counselors.
The line handles over 100,000 calls a year coming mostly from mandated reporters. In situations where children are at imminent risk, the hotline team consults with DCF On-Call Supervisor, who can start an Emergency response to protect the child.
Why has the MA Child Abuse Hotline failed?
There is not a clear cooperation between the MA Hotline help and DCF themselves. Regional DCF personnel often override the Hotline Screening decision resulting in closed cases.
For many children, protective services from DCF arrived only after multiple reports of their abuse and neglect. Some individuals making Hotline reports must contact the Hotline several times over a period of years. They made reports until significant help was provided to the neglected children.
This past year, MA DCF screened 83,630 51A reports. Of these reports, DCF screened 36,340 of them out. This means about 43% of the reports they receive do not have enough information for them to open a DCF investigation. Of the reports screened in, DCF completed 38,525 responses, and only 16,583 of these responses ended in a supported decision.
So that means only about 20% of the 51A reports DCF receives ends in a supported decision by DCF. This is a concerningly small percentage of reports that actually need DCF involvement. This does not include the overturned decisions at Fair Hearings.
Why Does Anonymous Reporting Hurt Children During a DCF Investigation?
The large amount of reports drowns out the crucially important reports. This extra caseload on screeners makes it harder to screen in the reports that do require services. The unreliable anonymous reports take attention away from the children in real danger of abusive relationships. The extra caseloads also force people to spend less time one each case.
The DCF investigations which are based on false allegations is hurtful. The government should protect the innocent, not victimize them. The drawn out process can be stressful for involved children. Complete strangers interview children about their own well-being as well as their parents. This type of intervention stresses young confused children. In the worst cases, a false allegation could lead to a child ending up in foster care.
These unnecessary DCF investigations are a waste of the department’s resources. When the allegations are false, the Department wastes more resources on a family that does not need services. Many necessary cases per year already burden the department.
These services could be more effective for another family that needs them. The department has to afford a fair hearing to everyone that requests one with a decision the court supports. This is another waste of Department resources considering anyone that has a case to make will request a fair hearing.
How Does the Emergency Hotline Hurt Families in a DCF Investigation?
People make millions of calls each year to the Emergency Child Abuse Hotline. These reports catch families off guard when DCF shows up at their door. Parents who do not know their rights also do not know that DCF will use everything they say against them.
From the minute DCF shows up, DCF scrutinizes the parent’s every move. Mistakes parents make early on in their DCF case can have devastating effects on the outcome of the DCF investigation.
Once DCF involves itself in a family’s life it can be very difficult to get rid of them. Parents and caretakers often need an attorney to help guide them through the remainder of DCF’s process.
Case Example
A police officer reported one family to the Massachusetts Emergency Child Abuse hotline after receiving a report of hearing gunshots coming from a child. The police found the child lighting firecrackers; they brought the child to the house to find the parents allegedly intoxicated. The Police officer reported the incident to the hotline. Intoxicated and inebriated, he claimed the parents left the child without proper supervision.
The DCF emergency response worker showed up at 11:30 PM to question the parents about what was happening that evening. DCF’s response so late in the evening upset the parents greatly.
The child reported the parents drink often during the week. The child felt safe in the home and the response confused the parents as to its necessity. Also, both parents denied abusing alcohol while in the care of their child.
DCF spoke to the collaterals for the family who all confirmed the parents’ ability to care for the child. The Department chose to continue supporting these allegations against the parents based on the original report. But DCF did not consider the new information at all. So the family had to hire an attorney. They laid out all the evidence to prove they were not drunk on the night in question, and that they are fit to parent the child.
Are There Solutions to DCF Investigation Problems?
One possible solution is to stop anonymous reporting and make it confidential reporting instead. Confidential reporting means the reporter will give DCF their name when making the report, but DCF has to keep it confidential. Then, the Department will only release the name of the reporter under certain circumstances.
The purpose of confidential reporting is to prevent people from filing frivolous reports anonymously without the threat of repercussions. Reporters who must give DCF their personal information will be more conscious of filing a report. If the reporter knows their name can be tied back to the report, then they will probably be less likely to make a false allegation.
The Massachusetts Department of Children and Families wants to improve support and services to help protect children. The department aims to provide an array of services that help families accomplish their goals. The Child and Family Service plan 2020-2024 outlines the need for improvement in DCF Hotline After-Hours Coverage.
DCF expresses a need to increase the clinical capacity of the Hotline to assist DCF in making informed and timely decisions. The focus should be on consistency, including clear policy guidelines and reliable decision making. The intake employees need to be experienced social workers because they must make quick, accurate decisions.
The best possible solution is to prepare a plan to fight against DCF. So, be proactive and seek counsel to ensure DCF does not violate your rights. The last thing you want to do is to talk yourself into DCF supporting allegations against you.
Kevin Seaver is a trusted Massachusetts DCF lawyer specialized in DCF law 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.