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Parent’s Admission Led to DCF 51B Investigation Being Supported

Parent’s Admission Led to DCF 51B Investigation Being Supported

A mother made damming admissions that led to DCF supporting 51B neglect allegations against her.  Zelda Wilson, not her real name, gave birth to a baby boy, Thomas Wilson, not his real name. 
At the time of birth, both mother and son tested positive for opiates. When DCF arrived to interview Zelda, she admitted that she took unprescribed opiates during her pregnancy. Zelda also disclosed that Anthony, the father (not his real name), has an opiate drug addiction. She further stated that he has taken remedial steps to become sober. 
Baby Thomas was admitted into the NICU for opiate withdrawal. He also had physical anomalies consistent with substance exposure. This complicated the situation with medical tests that also proved Zelda’s opiate abuse during pregnancy. 
Zelda provided any excuse she could that Baby Thomas’ state was not from substance abuse. The medical test and her admission clearly indicated otherwise. 
Breaking down Zelda’s DCF file, it was clear there was no sense going forward appealing the supported decision. 

For two main reasons: 

  1. Zelda’s admissions of unprescribed opiate use, the positive drug tests, and Thomas’ continuous withdrawal
  2. Zelda’s name was already on the central registry for a previously supported case
Zelda’s admissions made DCF’s case rock solid. At a slim chance that Zelda could win and overturn this supported decision. It would not change her situation. Her name would remain on the central registry due to the previously supported allegation. 
In Zelda’s case, it was clear-cut. In other cases, it is not so clear. Well-intentioned admissions can come back to hurt you. Any admission made to DCF can be misunderstood, misinterpreted, and mis transcribed. 
Those under DCF 51B investigation must know their legal rights. You have the constitutional right to remain silent.

Key Factors in Supporting the 51B Investigation

  • Zelda’s admission of unprescribed opiate use during pregnancy.

  • Positive drug tests for both mother and child.

  • Baby Thomas’ ongoing withdrawal symptoms.

  • Zelda’s prior record on the central registry for a previously supported case.

These factors made the DCF case strong enough to support the neglect allegations without a viable appeal option

Legal Rights and Appeals in a Supported 51B Investigation

Rights of Parents Under Investigation

Parents under a DCF 51B investigation have the constitutional right to remain silent to avoid self-incrimination. Admissions made during the investigation can be misunderstood or misinterpreted, potentially harming the parent’s case[Article].

Appealing a Supported Finding

If DCF supports the allegations, parents have the right to request a fair hearing within 30 days to appeal the decision. However, Zelda’s case illustrates that even a successful appeal may not remove a parent’s name from the central registry if there are prior supported cases.

Importance of Legal Representation

Given the complexity and high stakes of a 51B investigation, parents should seek legal counsel from qualified attorneys who specialize in DCF defense to protect their rights and navigate the process effectively

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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.

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Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.

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