How Can a DCF Lawyer Benefit Parents When Dealing With MA DCF Investigations?
Hiring a DCF lawyer is the best thing you can do when you are dealing with the Massachusetts Department of Children and Families (MA DCF). There are a number of rules, laws, statutes, regulations and time standards you may not be aware of. You may not even know why these things matter. An experienced attorney who has years of knowledge and training in
What Exactly Does DCF Do?
DCF investigates reports of suspected abuse and/or neglect of children. These reports, also known as 51A reports, come from sources including:
- School teachers,
- Doctors,
- Therapists,
- Family members,
- Neighbors,
- Friends,
- Police, and
- Clergy
People like teachers, doctors, police officers and therapists are “mandated reporters“. Mandated reporters have to report to DCF each and every time they suspect child abuse or neglect.
What Does the 51A Report Include?
The 51A report will include times and dates of suspected abuse and allegations. When DCF receives the call from a reporter, they should contact the parent or caregiver of the child and conducts an investigation. The DCF will assess if it is an emergency vs non emergency investigation. An emergency investigation occurs when the DCF believes the child’s life is in immediate danger. If deemed an emergency, the home will be visited within two hours. In a non-emergency investigation, the home visit will occur within three days. Unfortunately, sometimes DCF will not tell you exactly what the 51A report says. You should ask for your 51A report from DCF. If they do not give it to you, or if they are taking too long to get it to you, call a DCF lawyer to help you immediately. You have the right to know exactly what you are being accused of. Knowing this information is important because then you will be able to properly prepare to protect your family against the allegations.
How Can a DCF Lawyer Help with the 51A Report?
When you hire a DCF attorney, they will work hard to get DCF to send you the 51A report against you. In fact, they can get DCF to send you every single document they have about you. The best DCF lawyers know how to get DCF to send you this information, and what rules to follow to get these documents.
What Happens During the 51B Investigation?
The 51B Investigation will include a home investigation to assess the safety of the child. The service worker will understand the safety of the child’s home environment and parental care. The DCF may contact other adults who care for your children such as teachers or doctors. If you face a supported decision, the child may be removed from the home. When DCF supports a decision against you, DCF start an assessment with your family. During a DCF assessment, a new social worker comes to the home to work with the family. They can offer an action plan, which includes recommendations such as counseling. If you get a DCF action plan, you should follow it, as you risk losing the custody of your child. The Department will reach 1 of 4 decisions. They may make a supported decision, in which they believe the allegations against you are true. They can make a supported decision and start an assessment. Or, they can support the allegations and close the case (they will not do an assessment). They could make an unsupported decision, in which they do not believe the allegations. Finally, they may make a substantial concern decision in which they do not have enough evidence to make a supported decision.
How Can a DCF Lawyer Help with the 51B Investigation?
Your DCF attorney will have the skills to advocate for your rights and explain them to you. They can tell you exactly what evidence you need to collect to get DCF out of your life without you losing your children. For example, they can draw up affidavits and motions to support your case. Also, your DCF lawyer will be your biggest support. They will be there before, during and after each DCF interview. The attorney will help you prepare for the interview, object to invasive DCF’s questions during the interview, and recap what went well and what went wrong during the interview afterwards. And, they can tell you exactly what DCF is looking for and what you should and should not say to DCF.
How Can You Get Rid of Supported DCF Decisions?
When you are facing a supported decision, you can request a fair hearing. A fair hearing allows you to bring your case to a higher authority. In a fair hearing, your attorney will represent you and you can bring a witness to testify or an affidavit. You will need to request a fair hearing within 30 days of a supported decision. Write to the DCF Fair Hearing Office, 600 Washington Street, Boston, MA 02111, to ask for a Fair Hearing. You have to ask for a Fair Hearing within 30 days after you get the decision that you want to appeal. Be sure to include the following in your letter:
- your contact information (name, address, and phone number);
- the name of your child;
- the name and address of the DCF office;
- a copy or description of the decision you want to appeal; and
- the date of the decision.
- a copy of the request sent to the Director of the DCF Area Office where the decision was made.
If you need an interpreter for the hearing, include that in the letter. Also tell DCF what language you speak. When you hire an experienced DCF attorney, they can take over the entire fair hearing and you won’t have to worry about any of this.
So, Should You Hire a DCF Lawyer?
It is very difficult to face MA DCF without legal representation. You probably feel confused, hopeless, lost and overwhelmed. You are also probably not eating, sleeping or thinking clearly. When you feel this way, it is very difficult to think about how to protect yourself, and more importantly, your children. Hiring a lawyer can make the whole experience easy for you. An experienced DCF attorney can guide you with a step-by-step plan to get DCF out of your life for good. They will help you do this without you losing your time, money, reputation, energy. Most of all, they can help keep your child with you at your home instead of in DCF foster care.
Kevin Seaver is a trusted Massachusetts DCF lawyer specialized in DCF law 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.