When DCF comes unannounced, a DCF Attorney recommends these three major steps. If a social worker from the Department of Children & Family Services comes to your home unannounced, there are three major steps parents should take to help ensure the safety of their family. Do you have to let them in? Your home is your castle. You don’t have to let anybody in unless they have a court order or a search warrant, but DCF can still show up on your porch with evidence of alleged misconduct involving children living in your home.
John and Joan Smith were enjoying a normal evening at their West Roxbury home. Their three children, John Jr., 8, Jill, 6, and Jennifer, 3, had just returned home from school and daycare. The house was abuzz with early September energy, with John Jr.’s baseball set and Jill’s bike scattered across the grass on their front lawn.
All of a sudden, there was a knock at their front door. When Joan answered the door, her stomach dropped. It was a woman she didn’t recognize, holding a clipboard with a stern look on her face.
“Is this the Smith residence?” she asked.
“Who is this?” Joan asked, holding the door halfway open.
“I’m Hannah from the Massachusetts Department of Children & Family Services,” the woman stated. “Are you Mrs. Smith?”
What Are the Three Major Steps When DCF Comes to Your Home?
● With the worker at your door, ask for clear identification from the individual, including their title, the purpose of the home visit, and the DCF office they are from. Do not allow further questioning until you know that they are an employee of the state.
● Speak with them outside of your home. Bring the child or children to them to disprove allegations of physical injury or neglect.
● Reschedule the visitation date after legal counsel is acquired.
Joan looked the woman up and down.
“Can you tell me why you’re here, please?”
“I’m here to conduct a home visit regarding allegations that were reported to us.” When Does DCF Conduct Home Visits?
● DCF conducts home visits when a report is filed regarding the well-being of a child. Non-emergency reports require a social worker to visit the home within three days during the initial investigation. The social worker does not need a warrant to enter the home but needs consent from the resident in non-emergency cases.
Joan felt a sense of panic she had never experienced before. Neither she nor John had ever laid a hand on their children. Frightened, Joan knew that she had to stay calm for the safety of her family.
The first thing she could think to do was search for tips on how to handle an unannounced home visit.
“I am exercising my right to counsel and contacting my attorney,” she said. “Please wait outside while I make a phone call.”
With a quick scroll, Joan clicked on the phone number for The Law Office of Kevin Seaver. Attorney Seaver quickly accepted the phone call and agreed to represent Joan throughout the process.
“Stay calm, cooperate, and ask to reschedule,” he reminded her. “Bring your children out to show them that they’re all right, okay?”
“Ma’am, there are serious allegations here. If we are unable to speak to you, we will remove the children from the home,” the social worker stated from the porch.
What Does DCF Need to Have to Remove My Children From My Home?
● DCF does not need to have paperwork to remove children from the home if there is an immediate emergency. DCF can seek access to the home or seek the removal of the children through a court, but physical proof that the children are okay may also be considered.
Joan took a deep breath and remembered that her attorney had advised her to stay calm. She called for her husband and told him to gather their children. Afterward, she opened the door to the social worker.
“Can I ask what we’re being accused of?”
“There are allegations against your husband regarding the physical safety of your eldest child,” the social worker explained. “A 51A report was filed indicating physical abuse.”
What Does DCF Look for When Opening an Investigation?
● In the event of a home visit, DCF relies heavily on witness statements, professional collateral contacts, statements from children who may be at risk, and information provided by mandated or non-mandated reporters. DCF may also review records such as medical records, school records, drug and alcohol records, and therapy records.
“Alright,” Joan stated, just as John brought the children outside to be seen by the social worker.
John Jr. stood behind his father until he was asked to step forward. The child had no physical signs of injury.
After seeing no signs of injury, the social worker stood back up and nodded toward Joan.
“Alright, Mrs. Smith. Here’s my phone number and email for you to give to your attorney. We’ll reschedule once you’re in contact with them.”
“Thank you for your time,” Joan stated, gesturing for her husband to bring their children back inside as she went to follow up with Attorney Seaver.
What Can Happen If I Don’t Let DCF Into My Home?
● What can happen if you don’t let DCF into your home can vary. It depends on the DCF worker, the district where the allegations were filed, and the seriousness of the allegations.
John and Joan cooperated with DCF. Although they didn’t say much without their attorney present, they showed that their children were safe, and the children were not removed from the home.
The lesson of the story is that these frightening situations can be handled more effectively with proper guidance and a step-by-step strategy.
The parents followed our advice, which is to follow the three C’s: counsel, calm, and cool.
