Why Should You Understand a MA DCF Investigation of Child Abuse & Neglect?
A DCF investigation of child abuse follows the guidelines of the Code of Massachusetts Regulations (110 CMR). The Massachusetts Department of Children and Families (MA DCF) is supposed to strengthen families and protect children. Sometimes however, a DCF investigation tears a family apart instead of putting it back together.
To make sure DCF does not violate your rights and remove your children after an investigation, learn about DCF law. Understanding the DCF investigation process will prepare you for what will happen in your case. When you know what the DCF rules and regulations for investigations are, you can start holding the Department accountable for their violations.
In Massachusetts, anyone can contact DCF to make a “51A Report” when they suspect child neglect or abuse by a parent/caretaker. The law requires mandated reporters (teachers, doctors, and other professionals working with children) to report suspected neglect or abuse. Anyone except a mandated reporter can anonymously report to DCF. This includes grandparents, children in the house, or parents of the child in question. But after the reporter makes the report, then DCF decides whether or not they want to do an investigation.
What are the First Stages of a DCF investigation of Child Abuse?
After they file the 51A report, DCF determines whether the allegations should be “screened out” or “screened in”. When a case screened in, a DCF investigation of child abuse or neglect will follow. If you get a call from DCF about allegations of child neglect or abuse, the case has already been, and the family will be involved in an investigation. DCF will “screen out“ a report because there is a lack of current information, or if the reporter is unreliable. DCF may also screen out a report when the Department does not have the legal power to do anything about the allegations.
The Department will remove the child from the home if they think there is an “immediate danger to the life, health, or physical safety” of a child. DCF does an emergency investigation for those situations. Parents and caretakers do not have to speak to DCF when they show up unannounced. But keep in mind that when parents refuse to speak with a DCF investigator, it triggers a longer and more complex investigation.
What are the Signs of Child Abuse/Neglect?
Some signs of child neglect are:
- Dirty, ill-fitted, ill-seasoned clothes
- Malnourishment
- Frequent school absences
- Lack of necessary medical care
- Statements of absence of caretaker at home
Some signs of child abuse are:
- Unexplained injuries
- Fear of adults
- Presence of visible injury after school absence
- Protest or fear of returning home
- Statement of injury by caretaker
What can I do to protect myself against DCF?
To protect yourself and your sensitive information from DCF, have an attorney present during the investigation. Hire an expert in DCF law, who has a lot of experience with cases like yours. Attorneys help families avoid behaviors parents may not find concerning, but DCF would.
Most caretakers are scared when they receive a call from DCF and don’t always know how to protect themselves. In these instances, they rely on DCF or the internet to relay rights. Unlike in criminal investigations, DCF is not required to inform parents what their rights are. DCF speaks to you to gain your trust, not to inform you about details of the case.
DCF must give parents/caretakers a parent’s pamphlet and an entry letter at the beginning of an investigation. Many parents don’t receive either of these documents; sometimes DCF gives parents these papers after the investigation. But the parents pamphlet is extremely important, because it lists out all the rights parents have during a DCF investigation.
The parents pamphlet states that parents have the right to an attorney at any time. Since DCF doesn’t tell parents about this right, parents don’t know they may need one. The solution to all your DCF troubles would be to speak with an experienced attorney who will defend your rights and know how to close your case without you losing your child to DCF foster care.
What are the Middle Stages of a MA DCF investigation of Child Abuse?
When an investigation begins, the DCF investigator is required to meet with the child and perform at least one in-person home visit. When the alleged abuse or neglect occurred outside the home (such as at a day care), DCF will not have to visit the home.
If parents refuse to provide access to the child, MA law clearly indicates that preventing DCF from seeing the child can still result in DCF entering supported findings of neglect or abuse or taking custody of the child if it is determined that an emergency exists.
DCF investigators also interview the caretaker being accused during the home visit. They typically interview the other parents, stepparents, and relatives in the home as well. DCF should also interview the mandated reporters involved with the family, such as doctors and teachers, to review the child’s medical and school records.
DCF should complete the investigation within 15 days. A lack of staff or other issues within DCF can cause the investigation to take longer. While longer investigations have risks, they give caretakers the opportunity to provide information to satisfy DCF’s concerns.
What leads to a “supported” child neglect or abuse allegation?
“Supported” findings are based on different factors that DCF investigators consider when making a determination of child abuse or neglect allegations. These include but are not limited to:
- direct disclosure by the child or the caretaker;
- a confession of guilt;
- physical evidence of injury or harm;
- observable behavioral indicators;
- corroboration by collaterals (professionals, credible relatives);
- the social worker and supervisor‘s clinical knowledge
When DCF finds physical evidence of child abuse, it means they found marks or bruises on the child’s body. It could also mean DCF found problems in the child’s medical records, or the child’s pediatrician had concerns about the child’s health or safety.
Remember that if DCF supports false allegations against you, you are not alone. DCF sometimes misunderstands the facts or mishears things. DCF also sometimes writes things that are not true in their reports. That is why it is so important to get every document DCF has in your case file.
What Happens After a DCF Investigation in Massachusetts?
There are four (4) possible outcomes of a DCF investigation:
- Unsupported allegations: DCF closes the case and leaves the family alone. If there were criminal allegations, local law enforcement takes over the case.
- Supported: DCF puts the parent or caretaker’s name on the DCF Central Registry; the allegations will show up on a background check. With criminal allegations, the caretaker’s name may be added to the “Registry Alleged Perpetrator” list. DCF may remove the child from the home. Parents may reverse a supported decision at a DCF Fair Hearing.
- Supported with an Assessment: Everything that happens in a supported decision, but the family also goes through a DCF assessment. Parents may reverse a supported decision with an assessment at a DCF Fair Hearing.
- Substantiated Concern: DCF is not sure if the allegations in the 51A report are true. The Department will assign another social worker to do a DCF assessment, but DCF does not put the parent or caretaker’s name on the DCF Central Registry or the Registry of Alleged Perpetrators, even if there were criminal allegations. If DCF investigators find evidence of neglect or abuse during an assessment, DCF starts a new 51B investigation into the family. Parents can reverse a substantiated concern decision through the DCF grievance process.
For every DCF assessment, a new DCF social worker works with the family to come up with recommendations on how to improve the family’s situation. Examples of recommendations are therapy, parenting classes, domestic violence programs, and substance abuse treatments. All of these recommendations are listed in a DCF action plan.
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.