What Should My DCF Lawyer Do to Combat False Child Abuse Allegations?
Do parents need a DCF lawyer when fighting false child abuse or neglect allegations by the Massachusetts Department of Children and Families (MA DCF)? In short, the answer is YES! Why? The Department is a government agency, with policies, procedures and regulations. How do you protect yourself against the law? You must team up with an advocate who has an intimate knowledge of the policies, regulations and procedures. The best type of advocate in this regard would be an experienced DCF lawyer.
The purpose of this blog is to describe the two (2) most important documents in a DCF investigation: the 51A report and the 51B investigation. This blog will also discuss fighting supported DCF allegations an what a DCF lawyer can do for your DCF case.
What is in a 51A report?
A 51A report contains information about an incident of child abuse or child neglect. DCF gets this information from the reporter who called because they suspected a child was being abused or neglected. Every 51A report will have the following information in it:
- Reporter’s name, relationship to the child(ren), address, and phone number
- The names, ages, addresses, contact information, and native language of the reported child and all the children in the family
- The emergency contact information for them,
- Names, ages, language(s) spoken of parents/guardians of the child(ren)
- Names and ages of other children in the family
- Details about your concern – “What are your worries?”The nature and extent of the suspected abuse or neglect, including any evidence or knowledge of prior injury, abuse, maltreatment, or neglect
- Circumstances under which you became aware of injuries, abuse, or neglect
- Dates and/or time frames in which the maltreatment may have occurred
- Action(s) taken thus far to treat, shelter, or otherwise assist the child(ren)
- The identity of the person you believe may be responsible for the abuse / neglect (if known)
- Any other information you believe might be helpful in establishing the cause of the injury and/or person responsible, or for making safe contact with the family
- Any other information you believe would be helpful to ensuring the child’s safety and/or supporting the family to address the abuse and/or neglect concerns”
What Happens in a 51B investigation?
DCF’s first priority in a 51B investigation is to see all the children in the reported family. The Department will send a social worker to visit the whole family, and make an evaluation of the family’s home. In emergency 51B investigations, DCF will have to determine whether or not they should remove the reported child from the home and put them into foster care. In non-emergency 51B investigations, DCF is not pressed to take custody of the children but they still may decide they want to take custody after the investigation is over.
Regardless of the nature of the investigation (whether it’s an emergency or a non-emergency), DCF is supposed to interview all the adults and children in the family. DCF is also supposed to reach out to people who can confirm or deny the allegations in the 51A report. These people include extended family members, family friends, coworkers, and the children’s teachers, therapists and pediatricians.
At the end of the 51B investigation, DCF will make a decision to indicate whether they believe the allegations are true or not. When DCF “supports” an allegation, they think you did abuse or neglect a child. This goes on your permanent record, and shows up in background checks. You may lose your job as well as your reputation. But when DCF “unsupports” an allegation, they think you did not abuse or neglect a child. The case ends there and DCF gets out of your life for good.
Can the Police Get Involved during the DCF 51B Investigation?
DCF can definitely get local law enforcement, such as the police, involved in a 51B investigation. The most common situations where the police get involved are when the allegations are criminal charges. Sexual abuse allegations will be always criminal charges. Serious physical abuse allegations can also be criminal charges. Also, when the allegations have something to do with illegal drugs, there could be criminal charges there too.
Sometimes, even when there are no criminal charges, DCF can still get the police involved. DCF can bring a police officer with them when they visit a family’s home. DCF usually does this for emergency situations or when a DCF employee is not available to handle the report. They might also do this if a parent refuses to let the DCF social worker see their home or children.
What is a DCF Fair Hearing?
A DCF Fair Hearing is an appeals process. The Fair Hearing is an opportunity for parents to present their side of the case to a higher authority. Parents would request DCF for a Fair Hearing when they want to fight false allegations that DCF supported against them. It is the only way a parent can reverse a supported allegation. Parents can also use the Fair Hearing to complain about their social worker’s improper or coercive conduct
The Fair Hearing request must be filed in a timely manner. After a parent or caretaker requests for the Fair Hearing, it is up to DCF to accept or deny the request. DCF is more likely to accept the request when a DCF social worker violated their own requirements or acted in “substantial prejudice” to the family.
Caretakers and parents must ask for a Fair Hearing within 30 days after getting the letter containing DCF’s decision. Knowing the time standards to appeal for a Fair Hearing is extremely important because it is very easy to miss the deadline to appeal.
To ask for a Fair Hearing, parents must write a letter to the DCF Fair Hearing Office. The DCF Fair Hearing Office is located at 600 Washington Street, Boston, MA 02111.
What Does a DCF Lawyer Say to Include in your Request for a DCF Fair Hearing?
In your request for a DCF Fair Hearing, make sure to include the following:
- Your name, address, and phone number;
- the name of your child;
- the name and address of the DCF office;
- a copy or description of the decision you want to appeal; and
- When DCF made the decision (the date);
- Whether or not you need an interpreter for the hearing, along with what language you speak
Make sure to send a copy of your request to the Area Director of the DCF Office that handled your case.
What Can a DCF Lawyer Do for Your DCF Case?
A DCF lawyer can do all the heavy lifting and legwork for you DCF case. They will get all the necessary documents for your case, handle all communications between your family and DCF, and prepare you for all the questions DCF will ask you and your children. You should seek a specialist in DCF. A specialist in DCF is someone who exclusively deals with DCF. Since they are only handling cases involving DCF, they are experts in that practice.
When you are facing false, bogus and untrue allegations, speak to a DCF lawyer immediately. Even just a simple consultation or conversation with a DCF lawyer will give you an understanding of how good your chances are to fight the false allegations.
Stop the sleepless nights, anxiety, and worrying. Stop the insanity.
What Can a DCF Lawyer Do for Your DCF Fair Hearing?
When you hire an experienced and specialized DCF lawyer to fight supported allegations against you at a DCF Fair Hearing, your lawyer can do the following:
- Find and enlist important witness
- Write a Memorandum detailing the facts of your case
- Provide DCF with important affidavits
- Cross examine DCF’s witnesses
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.