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Understanding the DCF

Department of Children and Families / Understanding the DCF – Our Specialty

The DCF Process

At a Glance

The Department of Children & Families (DCF) process can be complex, overwhelming, and emotionally challenging for families involved. Whether you’re facing an investigation, navigating case plans, or trying to understand your rights, the experience can feel confusing and uncertain. With various steps, legal requirements, and communication with multiple parties, it’s easy to feel lost or unsure of what to expect. Understanding the DCF process — from the initial report to potential outcomes — is crucial in ensuring you can effectively advocate for yourself and your family. Knowledge and guidance can make a significant difference in navigating this difficult journey. We’ve outlined the process below so you can find where you are and when you can expect the DCF out of your life.

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Screened In

If a report is screened in, an investigator is assigned to the case and sent out to do a 51B investigation. At this point, a case is determined to require either an Emergency Response, or a Non-Emergency Response.

Screened Out

If a report is screened out, congratulations! The DCF has determined there’s no case and they will not be bothering you.

The Decision

The DCF’s Decision

Once all evidence is presented by the DCF investigator, the DCF may choose to either support, substantiate, or unsupport the case.

Supported

If the DCF has chosen to support the investigator’s findings, that means they feel there is enough evidence to take action against the family. After the case is supported, it will often move into legal proceedings, assessments, and other actions to determine the health and safety of the child and the family. Within 30 Days of receiving a supported decision you should request a DCF Fair Hearing.

Substantiated

If the DCF decides to substantiate the investigators findings, they determined that there is potentially risk to the child, but no definitive proof. At which point, the DCF may choose to either continue investigating or close the case. Within 30 Days of receiving a substantiated decision you should request a DCF Fair Hearing.

Unsupported

If an investigation is unsupported, congratulations! The DCF has determined there’s no reason to investigate further and will no longer bother you.

The Follow Up

DCF Assessment

After the investigation has been either supported or substantiated, the DCF will either open a 60-Day Ongoing Assessment or close the case without an assessment.

60-Day Ongoing Assessment

During the Assessment, the DCF will assign your family an Assessment Agent to conduct monthly home visits, releases, offer services, and create & implement an Action/Safety Plan. This period is essentially an extended investigation into you and your family. After the assessment is complete the case can either close or remain open until the DCF feels your family is safe or further action is needed.

Close Without Assessment

There are circumstances where a case is supported but closed without an assessment. These case are where there is clear evidence of abuse or neglect with no fault of the family, but rather by those outside the family. I.e. A teacher is abusing the child in school and the teacher is then fired, put on administrative leave, or otherwise removed from the child’s life. There was abuse, but no action needs to be taken against the family.

The Appeal

DCF Fair Hearing

After the DCF makes its decision to support or substantiate the investigator’s findings, you have 30 days after receiving this notice to request a Fair Hearing. This is not a legal proceeding, but rather a hearing with a Fair Hearing Officer where parents & caretakers can present new evidence & witnesses to argue against the supported or substantiated claim. The Fair Hearing Officer can choose to either affirm, reverse, or come to a partial decision.

Note: Your appeal runs separately from your open assessment. Even if your case is reversed, your open assessment does not automatically close.

Read our full Fair Hearing guide here.

Affirm

If the Fair Hearing Officer affirms the DCF’s decision, they agree with the original decision and the assessment continues.

Reverse

A reversed decision means that the Fair Hearing Officer is choosing to support your case (not the DCF’s) and that the original decision violated the DCF’s regulations, policies, statutes, or caselaw and resulted in substantial prejudice against you. This report then goes to the DCF Commissioner for review.

Partial Decision

A partial decision means that the hearing officer has decided that some aspects of the decision are affirmed, while others should be reversed which could lead to a potentially mixed outcome for the appellant.

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.

“Attorney Seaver made everything easy for me and my family in dealing with the DCF. He was excellent to work with and made this whole process much easier.”