DCF Investigation Process: A Simple Guide to Absolve Confusions

How to Understand the MA DCF Investigation Process: A Simple Guide to Absolve Confusions

The Massachusetts Department of Children and Families (MA DCF) investigation process starts after DCF screens the 51A report of suspected child abuse or neglect. When DCF gets a report, they put the allegations into an official document. The document is called a “51A report”. Then, DCF screens the report to see if:

1. The report meets DCF’s criteria of child abuse or neglect
2. There is or is not an immediate risk of danger to the child

Why Would DCF Get Involved With a Family?

DCF gets involved with a family when someone reports the family to DCF. Anyone can make these reports, but usually a mandated reporter makes it. Mandated reporters legally have to to report signs of child abuse or neglect. Mandated reporters are people like teachers, social workers, healthcare providers, and police officers. DCF’s job is to respond to this report. They respond by filing a 51A report, screening it, and then doing an investigation if that is necessary.

How Does DCF Handle Different Types of Allegations?

There are three different types of allegations that DCF handles: Sexual abuse allegations, physical abuse allegations, and neglect allegations. MA DCF handles all of these allegations in pretty much the same way. They will screen in any report of child sexual abuse, physical abuse, or neglect to see if there is an immediate risk of danger to the child. Then they will do an emergency or non emergency response. The main differences are that for serious child physical abuse and all child sexual abuse, DCF has to report it to local law enforcement, which means the police and District Attorney (DA). That is because those could be criminal charges. Also, for sexual abuse cases, DCF will try or actually do a “Sexual Abuse Intervention Network” interview.

SEXUAL ABUSE ALLEGATIONS

For sexual abuse allegations, DCF must send the report to the District Attorney’s office. A Sexual Abuse Intervention Network (SAIN) interview is between the District Attorney and the child. The purpose of this interview is to lessen the number of times the victim of sexual abuse has to repeat the incident. This is helpful because repeating the details of the abuse is a very traumatic experience for the victims. The people involved in the SAIN interview are the Assistant District Attorney, SAIN Coordinator, Forensic Interviewer, Family Service Advocate, Law Enforcement, and a DCF social worker. The interview between the forensic interviewer and the child takes place in front of a one way mirror. There is also a team on the other side of the mirror that listens and watches the interview. 

PHYSICAL ABUSE ALLEGATIONS

For physical abuse allegations, DCF will also screen for the existence of a reportable concern. The reportable concern being information regarding abuse and neglect by the caregiver or the child might be at risk of sexual exploitation and human trafficking. MA DCF will not investigate allegations of child physical abuse when it was done by someone who was not responsible for the child’s care. In those situations, MA DCF will refer the case to the District Attorney’s office, where they may file criminal charges against the abuser.

NEGLECT ALLEGATIONS

Neglect allegations go through the same DCF investigation process as physical abuse allegations. DCF will interview the family and people who know the family well. DCF will put their findings into a 51B investigation report.

What Happens After the MA DCF Investigation Process?

There are four (4) outcomes of a DCF investigation. DCF can support with an assessment, support without an assessment, unsupport, or substantiate the allegations brought to their attention. 

SUPPORTING AN ALLEGATION

When DCF supports an allegation, DCF had a reasonable cause to believe a child has suffered from abuse or neglect. DCF makes this decision by considering:

• Direct disclosure by the child(ren) or caretaker,
• Physical evidence of injury/harm,
• Observable behavioral indicators,
• Corroboration by collaterals, and
• The DCF response worker/supervisor’s clinical base of knowledge

From there, DCF will open up a case for assessment and action planning with the family. If there’s already a case open, DCF will give the ongoing worker an update. Then, the ongoing social worker will make any necessary changes to the family’s action plan. When parents or caretakers face supported decisions, DCF will put their name on the DCF Central Registry. Sometimes, a supported decisions can lead to the parent losing their job and reputation. It could also lead to DCF taking custody of their children.

UNSUPPORTING AN ALLEGATION

When DCF unsupports an allegation, the case will not continue. DCF will not stay in the family’s life or offer services to the family. When DCF unsupports a 51A report, it means they found no reasonable cause to believe the allegations were true. Families will be able to get DCF out of their life once DCF unsupports the allegations. 

SUBSTANTIATING AN ALLEGATION

When DCF substantiates an allegation, they will start a DCF assessment. The family will get a new social worker to work with the family through the assessment. This worker will recommend services to the family. The recommendations will be listed out in an action plan. This type of outcome is similar to a supported decision, except there are less consequences. DCF will not take away the children, and the parent’s name will not go on the DCF Central Registry or Registry of Alleged Perpetrators.

Kevin Seaver is a trusted Massachusetts DCF lawyer specialized in DCF law 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.