DCF Fair Hearing Process
Department of Children and Families / DCF Fair Hearing Process
At a Glance
The DCF Fair Hearing Process
- You have 30 days from the receipt date of the supported/Substantiated decision letter to request a DCF Fair Hearing.
- A DCF Fair Hearing is an administrative appeal allowing individuals to challenge 51B investigation decisions.
- Parents/caretakers can present new evidence and witnesses to seek a reversal of the decision.
- The hearing is not in court; it is overseen by a Fair Hearing Officer, who is a DCF employee.
- Once requested, the Fair Hearing Unit (FHU) provides a written notice with the date, time, method (in-person vs virtual), and assigned officer.
- Hearings are usually scheduled 60 to 90 days from the date of the request.
- Fair Hearings can be postponed to a later date with a showing of good and sufficient cause.
- Preparation includes:
- Collecting facts, evidence, and witnesses
- Preparing witness statements and securing expert witnesses.
- Preparing for cross examination of the DCF 51B Investigator and their supervisor
- Completion of Expert investigations and written evaluations.
- The amount of preparation depends on case complexity.
- Hearings can be in-person or virtual and often last up to 2 hours. However, it is not uncommon for there to be numerous fair hearings depending upon the case’s complexity.
- DCF will present their reasons for supporting or substantiating the allegations and details of their investigation.
- The individual (or their attorney) can present their case, typically by doing the following:
- Opening statement
- Cross-examining the DCF 51B Investigator and supervisor
- Calling witnesses for testimony
- Closing statement
- The intent at the fair hearing is to corroborate your story and disprove DCFs.
- Rules of evidence do not strictly apply, so almost any relevant evidence can be submitted for consideration
- The Fair Hearing Officer has 60 working days to issue a recommendation (reverse or affirm the decision).
- The DCF Commissioner has an additional 21 days to modify the recommendation (though this is extremely rare).
- If unsatisfied with the decision, parents/caregivers can appeal by filing in Superior Court within 30 days of receipt of the Fair Hearing Decision.
Superior Court Appeal Process
If you’re still not satisfied with the DCF Fair Hearing Decision, there is still one more opportunity to make an appeal and reverse the decision.
Criteria for Screening In vs Screening Out a 51A Report
- A complaint must be filed within 30 days of receiving the Fair Hearing decision.
- The filing must be done in either the county of residence or Suffolk County.
- Missing the deadline forfeits the right to appeal.
- After filing, 90 days are given to serve the complaint and start the appeal.
- On Appeal, the Superior Court only looks at the evidence presented at the fair hearing.
- The judicial appeal process is often much longer and may be more costly.
Why Choose Us?
Understanding the DCF is a difficult and arduous task, but we made it as approachable as possible with our Resource Center.
Explore our Resource Center for more detailed information regarding the DCF investigation process and what DCF does when investigating and assessing MA families. If you’re concerned about DCF parental alienation or how to navigate these complex situations, then contact an experienced Attorney to help provide you a plan to navigate DCF. Avoid the traps and pitfalls others have fallen into that keeps their cases open for months to years.
The Law Office of Kevin Patrick Seaver has been a steadfast ally for thousands of clients since 1991, particularly in cases involving DCF parental alienation. Our extensive experience across the Commonwealth of Massachusetts enables us to effectively assist clients in getting allegations declared unsupported, assessments closed, and decisions overturned.
