Are You Being Blamed for Child Abuse? Know How to Fight a DCF Investigation

Are You Being Blamed for Child Abuse? Know How to Fight a DCF Investigation

What Should I Expect in a DCF Investigation?

When the Massachusetts Department of Children and Families (MA DCF) gets a report of child abuse or neglect, they will start a DCF investigation. These reports come from mandated, non-mandated or anonymous reporters. Regardless of how reliable the report is, DCF will do an investigation to find out if the report is true or false. Depending on the allegations, DCF will do either an emergency or non-emergency investigation.

In an emergency response, DCF starts their investigation within 2 hours, and for a non-emergency responses, DCF starts their investigation within 2 days. Although responses differ in severity, families should handle both with the same amount of seriousness and attention.

In both scenarios, a DCF investigator has a duty to visit the home of the alleged victim and interview every child in the house. Often, DCF will want to interview a child individually or ask permission to conduct a SAIN interview. DCF sometimes fails to mention that a child does not need to be interviewed without a parent or guardian present. This leads them to hold interviews of children at school, where the parents are not around.

How Does MA DCF Handle a DCF Investigation?

Massachusetts DCF has a duty to investigate as regulated by the 110 CMR. However, DCF will often cut corners and fail to meet the standard expected of them. For example, an investigator may fail to interview all the children or adults in the house or to corroborate evidence. This type of rushed investigation can lead DCF to wrongfully support allegations of child neglect or abuse against a parent.

The first home visit DCF makes is probably going to be unannounced. They do this to make sure the parents do not have a chance to protect themselves from DCF’s observations. DCF can also ask parents to sign blank documents. The Department can then fill in those documents with whatever information they want and use them against the parents.

These agreements are framed as a document to ensure parents are committed to providing a safe environment for a child, when in reality these agreements box parents in to strict rules during the process. Not following these rules can have major repercussions for a family, and  in some cases even lead to restrictions of custody rights.

DCF investigators do not always tell families what their legal rights are. The Department is supposed or that everything you disclose to them is kept on file and can be shared. If a DCF investigator shows up at your front door, be sure to research your rights during a DCF investigation. 

How Long Will MA DCF be in My Life?

If a report of abuse or neglect is filed regarding a minor child, then expect a DCF investigator at your front door within 48 hours. Emergency and non-emergency cases both require DCF to respond quickly. A 51B investigation will take place which involves a visit to the home, conducting a safety assessment, a physical and mental health assessment of any children in the home, and then follow up. The 51B investigations are supposed to be completed in 15 business days; however, these investigations often stretch out for months, causing extreme distress for families.

What Happens After a DCF Investigation in MA?

After the DCF investigation is over, the DCF investigator will either support or unsupport the allegations based on the information they gathered (or didn’t gather). A supported allegation of abuse or neglect can have serious consequences for a parent or guardian. This ruling would show up on any CORI background check which could hinder them from receiving a job. In a worse case scenario, it could jeopardize custody rights.

There is still hope even if DCF supports the allegations. An experienced DCF lawyer can work with families to reverse the decision at a DCF Fair Hearing. This allows families to state their case in front of a third party fair hearing officer and offer any information a DCF investigator failed to mention in their 51B report. Once a DCF lawyer steps in and an allegation is deemed unsupported, the nightmare of DCF will be over, and a family can sleep easy once again.

How Can You Protect Your Family From a DCF Investigation?

When you are facing a DCF investigation, the best way you can protect your family is to hire a DCF lawyer. In many cases DCF will seek out a child’s teachers, therapist, dentist, pediatrician, nannies, babysitters, or even neighbors during an investigation in order to find damaging information. This kind of intervention by DCF can be harmful to parents trying to maintain a positive reputation in a community.

Parents should find a DCF lawyer who knows DCF’s policies, statutes, rules and regulations. Chances are you don’t know what information you need to get in order. You probably also don’t know about important time frames to file important documents. A DCF lawyer knows about all of that. A top DCF attorney will prepare you, your children and your home for every DCF interview, visit and meeting.

Why is it Important for Parents to Find a DCF Lawyer?

Parents should find a DCF lawyer to help them during their DCF investigation because it is an extremely stressful process. A top DCF lawyer will know the best ways to handle a complicated and difficult investigation. A lot could go wrong when DCF investigates you. You or your child could say something that DCF takes out of context. DCF could take one look at your home and decide a child would not be safe there. There are a number of things that you don’t know about which can hurt your case.

The best DCF lawyer will protect a family from the unreasonable demands that DCF makes. They will negotiate with DCF and come to an acceptable compromise which is in the best interests of the child. A DCF lawyer can be present during all interviews to make sure DCF is not violating your family’s rights. They are also great support systems who can make you and your children feel comfortable during the investigation process.

Kevin Seaver is a trusted Massachusetts DCF Lawyer Specialized in DCF since 1991.

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.