Do I Need an Expert DCF Lawyer Who Specializes in DCF Law if DCF is Investigating me?
The phone rings and you answer it. You hear an unfamiliar voice telling you they’re from the Massachusetts Department of Children and Families (MA DCF). You’re afraid, lost, and confused. They tell you that you have abused your child. Your world comes to a freezing stop.
You think back to any time you raised your voice when your child was misbehaving. You wonder, “what have I done that prompted this report? Is this the day that I lose my children?”
You panic. What happens now? What can I do to make sure that my child stays at home with me where they belong? The answer is simple: hire the right DCF lawyer so you will get the right result. In this challenging time, it’s crucial to understand what are my rights during a DCF investigation to navigate the process effectively and safeguard your family’s well-being. All it takes is one phone call for your life to change forever.
A parent’s worst nightmare is being told that there is a possibility that their child can be taken away from them. Allegations of child abuse or child neglect are serious, and if not handled correctly, a parent’s worst nightmare will become a reality. A DCF lawyer will help you navigate through the investigation process. Get rid of the sleepless nights filled with worrying and anxiety. Get help from an experienced attorney who specializes in DCF law.
What Happens When DCF Receives a Report of Child Abuse or Neglect?
When a mandated or non-mandated reporter reports you for child abuse or neglect, DCF will gather information for a 51A intake report. This report includes the child’s name, allegation, and caregiver associated with the allegation. Mandated reporters include nurses, teachers, and other professionals involved in your child’s life.
Non-mandated reporters include family friends, strangers, or family members. If anyone has cause to believe that your child has been abused or neglected, they are encouraged to report this behavior to DCF. However, sometimes people only know half of the story, or interpret your behavior out of context. Depending on the allegations against you, DCF will categorize the situation into either an emergency or non-emergency.
The time they respond will vary from 12 to 72 hours. Even if you believe you haven’t been abusive or neglectful, it is always best to err on the side of caution. DCF has very specific definitions for what abuse or neglect is. Just because you feed your children the right amount and provide them with a comfortable house with a roof over their head, doesn’t mean that you are in the clear.
How Does a DCF Lawyer Explain DCF Definitions of Abuse and Neglect?
MA DCF’s definition of abuse and neglect may differ from your personal definition. In other words, parents do things that DCF considers abuse or neglect without realizing they can be
DCF defines abuse as:
“the non-accidental commission of any act by a caretaker upon a child under age 18 which causes, or creates a substantial risk of physical or emotional injury, or makes up a sexual offense under the laws of the Commonwealth or any sexual contact between a caretaker and a child under the care of that individual. Abuse is not dependent upon location (i.e., abuse can occur while the child is in an out-of-home or in-home setting.)”
This definition is very broad and provides DCF with the freedom to interpret it as they’d like. Under this definition, a parent could create an unknown risk to their child and could display the signs of abuse, not abuse itself. MA DCF defines neglect as:
“failure by a caretaker, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care; provided, however, that such inability is not due solely to inadequate economic resources or to the existence of a handicapping condition. This definition is not dependent upon location.”
How Can Parents Understand the DCF Investigation Process?
If DCF believes that there is concern of abuse or neglect, DCF will “screen in” the report and begin their investigation into you and your family. This investigation begins with a 51B report. DCF will often show up to your house unannounced and ask invasive questions about you.
They will conduct a thorough analysis into all aspects of your life and will contact your children’s school, doctors, and therapists to gather information about the allegations. A DCF worker will hold private interviews with your children and neighbors. While DCF is conducting their interview, they will not care about your privacy.
It is their job and responsibility to investigate you, and they will do anything they can (within the limits of the law) to find answers. During the investigation it is crucial to stay calm and collected. DCF knows that this investigation is frightening and may play to those feelings of fear getting you to do what they say.
It is important to know your rights during an investigation to make sure that you do not disclose things you are not legally required to. Anything you say to DCF can and will be used against you during the investigation. DCF can terminate your parental rights if you say the wrong thing.
The Department will not always explicitly tell you you have the right to an attorney, but you have constitutional rights. DCF may ask you to sign releases, statements, and agreements, all of which you should only sign after consulting with a DCF attorney. You must know your rights and hire one to defend you and keep your children at home.
What Happens After the Investigation?
DCF’s investigation should take no longer than 15 working days after the initial intake. Following the investigation, DCF will determine if there is “reasonable cause” to believe that abuse or neglect occurred. To do this, they consider disclosure from the child/ caretaker, physical evidence of injury or harm, behavioral indicators, corroboration by collaterals and DCF’s own knowledge on the case.
The investigation can cause an unsupported decision, so the allegation shows no cause the child was abused or neglected, a substantiated concern, where DCF will continue providing services to the family, and if the allegation is supported, then DCF will remain in the family’s life.
A DCF attorney can help you appeal the decision made by DCF. The parent or caretaker accused of child abuse should request a copy of the investigation results before appealing the decision. You can appeal the decision at a DCF fair hearing when the allegations are false. A DCF lawyer can help you during a fair hearing as well.
How Can a DCF Lawyer Help?
The DCF attorney can assist you with knowing your rights and making sure that you mention nothing to DCF that could be used against you.
DCF has the power to take your children and ask a judge to terminate your parental rights. They can limit or stop visitation with your children, support child abuse/ neglect allegations against you and not tell you about the investigation, and they can access confidential information about you and your children.
DCF has a lot of resources to investigate you and your family. If you say one wrong thing, they can remove your child. Many DCF social workers are polite, but they are not your friend. Even in casual conversation, if you mention drinking, drugs, mental health history, or medication, they may use it against you in the future.
Having an attorney present will prevent you from being in this situation. DCF lawyers can also assist you in the appeals process. They are with you every step of the investigation and after ensuring that your family stays intact.
Why You Need a DCF Lawyer?
It is important to do your research about who can best represent you. When dealing with DCF, it is best to not take chances and risk handling the situation by yourself. For something as serious as potentially losing your children, you need to ensure that you are in excellent hands. It is important to keep in mind that for hiring representation, you get what you pay for.
When deciding what attorney to hire to help fight against DCF, remember to hire one that is dependable and knowledgeable about the situation you’re in. A good DCF attorney knows the DCF investigation process inside and out. They will tell you what is happening every step of the way and will prepare you with a guided plan to fight DCF. By hiring a good attorney, you won’t have to take on DCF alone.
Kevin Seaver is a trusted Massachusetts DCF Lawyer Specialized in DCF 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.
Just trying to find out a little information in Georgia.. if possible!
I’ live in Kentucky who can help me ? It’s like no lawyers around the western ky area know how to fight CPS. PLEASS HELP
8/11/2021 Something has to be done and soon, For all the continued corruption that continues in the system to innocent families. I have guardianship of 3 of my Grand- children, Their ages were 9mo., 1 in a half, and 2 in a half, and I have had them now for 10 yrs. Then from false allegations they, were taken, The Judge (Here in Sacramento, Calif.) Judge Clifton Davis, Dept. 131, Did not give us a fair hearing and the appointed attorney didn’t properly represent me, let alone return my call’s. My youngest Grandson has Autism, Asperger an Epileptic Seizer’s. He was terrible traumatized. The children were placed with their mother who had gone to prison, one charge being from child endangerment, The C.P.S.visiting worker had the 3 children removed from the mothers home, Two into foster care and the youngest with special needs in to the Children’s Home. Were he had excessive seizer’s, (put in the hospital twice by C.P.S.) from getting so upset, not understanding the night mare of being abruptly taken from the only home he’s known. At the next hearing the Judge let him come back home to us. We go back to court and the Judge returns the 2 girls back to the Mother, In the mean time the children are sad and traumatized as well. The mother is an alcoholic, There’s no one in Sacramento, to help with the corruption of the Courts and CPS. When you have low income and cannot afford an Attorney, They, (I) do not have a chance, When I would try to say something. The Judge Clifton Davis, would holler at me and threaten me. Even if I spoke calmly. Their accusing me of not keeping the kid’s safe from their father, who had another prier court order for visiting,(I supervised). I was called a liar from the judge. Two of the Attorneys told me to keep my mouth shut, “They got this” Yet, again they never helped. Just like they won’t send or give me any copies of our court papers\orders. I know I am not the only one with these nightmares, The Courts and CPS are wrong on ALL levels. . I have complied with all that they ask of me.. Parenting classes etc. Now they want me to take Mental Health sessions and held court off until Nov. Which the Social Worker is now dragging her tail to set up such meetings for me. I welcome and complied with what ever they ask of me. I found that majority of the family courts, drags court on and any classes/meetings are dragged as well, So if one wants to File an Appeal, (Which time laps from the 60 days to do so). Then the Appeal is not granted. (All I say here is a matter of record.) becomes I am so lost. This hurts my heart. and shakes my faith, 🙁
My son and I have been subjected to legal kidnapping,in Massachusetts and it’s sad you have to really pay to get a lawyer that will do what a oppointed lawyer can also do,but won’t, because there not getting payed enough to work hard or actually just do there job,to help you get your child back he. Especially when they were taken wrongfully!!