Want to Discover More About the DCF Investigation Process in Massachusetts?

Want to Discover More About the DCF Investigation Process in Massachusetts?

The Massachusetts Department of Children and Families (MA DCF) will assign a social worker to a family’s case when the DCF Investigation begins. The social worker usually shows up unannounced, and tries to go into a family’s home to see the children. 

The goal of a DCF investigation in MA is to determine whether or not a parent or caretaker abused or neglected a child. Contact a top MA DCF attorney to help you through this difficult time in your life. You should not try to fight DCF on your own.

What Should You Do When DCF Shows up Unannounced?

The MA DCF investigation process usually begins with a surprised and unannounced visit to your house, or you may even get a surprised phone call. This is to catch a person off guard and unprepared. If someone is contacted by the MA DCF, they have the right to talk to an attorney first. Parents can ask the investigator to come back later and reschedule.

The caretaker is allowed to tell the MA DCF investigator that they need to contact an attorney to help them during the investigation. You do not need to be intimidated by the MA DCF investigator if you have to talk to them. You have the right to an MA DCF attorney before talking to DCF.

Also a parent/caretaker does not need to let the MA DCF social worker investigator into their house. When the MA DCF does not have a warrant, then you do not need to let them into your house or talk to them without talking to an attorney first.

What Does a DCF Investigator Do in a MA DCF Investigation?

The MA DCF investigator interviews each member of the family alone and sometimes audio records it. They will want to interview the child alone and will ask them how their parents discipline them. They will ask how their parent’s drinking habits are, mental health history, prior domestic violence, education, job history, and what their daily lives look like.

What Are The Different Types of DCF Investigations?   

There are two types of investigations: emergency investigation and non emergency investigation. An emergency investigation is when the DCF must visit the child within 2 hours of the report, and complete the investigation within 5 working days, not including weekends or holidays. A non emergency investigation is when the DCF has 3 working days to visit the child at their home, and 15 working days to complete the investigation.

Those findings may be recorded to the MA DCF central registry. The central registry is a public database that contains the names of all the people DCF supported allegations of child abuse or neglect for,. What most families prefer is the lower risk FAR investigation that does not result in any findings. When 45-days pass, it could lead to the full investigation. 

There are no risks when appealing a DCF substantiation. When someone files an appeal against the MA DCF investigation, it can put pressure on the MA DCF to not want to fight it and result in the beginning of the MA DCF appeal hearing.

Can a DCF Investigation for Neglect Lead to DCF Foster Care?

Yes. When DCF investigates parents for neglecting their child, DCF has to find out whether the neglect is putting the child at or at risk of harm. If DCF finds that the child is at immediate risk of harm because of the parent’s neglect, they may file a neglect petition with the Juvenile Court and try to remove the child from their home.

What Are Neglect Petitions?

When cases become serious, the MA DCF may file a neglect petition to the Superior Court. A neglect petition asks a judge to intervene in someone’s family. If the judge approves the petition, they can allow DCF to take custody of the children and place them into foster care. The neglect petition is very serious. When the MA DCF mentions filing a neglect petition, then you should immediately contact an MA DCF attorney

What is an Order of Temporary Removal?

An order of temporary removal (OTR) is a court order that removes a child from the parent’s home/custody temporarily. It’s a court order that the MA DCF does only in very serious cases. 

How Can a DCF Attorney Help You in a DCF Investigation? 

When you are in trouble with the MA DCF, you need to connect with a great MA DCF attorney. They can help get DCF to close your case without you losing your children. Also, they can help you prepare for an interview you will have with the MA DCF investigator. They can help prepare your children and your home for DCF too. 

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.

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