How Can a DCF Substantiated Concern Hurt You in a DCF Investigation of Child Abuse?
A DCF substantiated concern decision is an outcome of an investigation by the Massachusetts Department of Children and Families (MA DCF). There are four (4) possible outcomes of a DCF investigation of child abuse: unsupported, supported with an assessment, supported without an assessment, and substantiated concern. The worst decision DCF can make for your family is to support the allegations. The best decision they can make on the other hand, is unsupporting the allegations. A substantiated concern decision falls somewhere in between.
What is a Substantiated Concern Decision After the MA DCF Investigation of Child Abuse or Neglect?
A DCF investigation of child abuse can end in a finding of substantiated concern mean that DCF is not sure if abuse occurred. However, the Department still has concerns about the child’s safety or welfare.
When Does DCF Make a Substantiated Concern Decisions?
The Department makes a finding of substantiated concern when
- Neglect results in a minor injury and what led to the injury is not likely to happen again
- Neglect does not pose an immediate danger or risk to the health and safety of a child
- Educational neglect
- Excessive or inappropriate discipline of a child, even when it does not result in an injury
For most parents, a substantiated concern decision feels very similar to a supported decision.
The DCF Central Registry: Does Your Name Show Up on a Background Check After the DCF Investigation of Child Abuse/Neglect?
When DCF puts your name on the DCF Central Registry, your name will definitely show up on a background check. But DCF will only put your name on this Registry after supporting allegations at the end of a DCF investigation of child abuse or neglect. They will not put your name on this list when they unsupport the allegations or make a decision of substantiated concern.
What Does DCF do AFTER Making a Substantiated Concern Decision?
A “substantiated concern” is a way for DCF to stay involved with a family. DCF’s ongoing involvement with the family includes home visits with a social worker and talking to other family members. A substantiated concern is not the same as a supported decision. But, it can still have huge impacts on parents and caregivers. For example, when parents are in the middle of a divorce, one parent can use a DCF substantiated concern decision as a weapon against the other parent.
DCF will assign a new social worker for the family and start a DCF assessment. Your social worker will recommend a DCF “action plan”. A DCF action plan is basically a list of things the family should do to improve their situation. Those recommendations are things like going to therapy, taking a parenting education class, or participating in a support group. DCF is more likely to suggest an action plan after supported decisions instead of substantiated concern decisions. Before you agree to any DCF action plan, ask the social worker if they supported the allegations.
Should You Cooperate with the DCF Investigation of Child Abuse?
Parents who fail to cooperate with DCF after a finding of substantiated concern can be at risk. DCF can take custody of children, open a criminal investigation, or contact friends, family, employers, and school personnel as its investigators see fit. Even parents who have reason not to cooperate with DCF should avoid actions that potentially could trigger a hostile response from the Department.
How Can Parents/Caretakers Appeal a Finding of Substantiated of Concern?
The only way to appeal a substantiated concern decision is through the DCF Grievance Process. The DCF Grievance Process is informal, so you can just write a “grievance letter” to DCF. The letter should contain why you should not have to experience the effects of the substantiated concern decision.
To make sure you have all the relevant information in your letter, hire an experienced DCF lawyer to look over it. Even better would be to have your DCF lawyer write the letter for you.
They know exactly what DCF is looking for, and exactly what issues to press down on. Parents or caregivers can appeal a substantiated concern decision if they pursue the Grievance within 30 days of the finding.
Should Parents Hire a Massachusetts DCF Attorney?
Even though substantiated concern findings are less severe than supported findings of neglect or abuse, the impact on the lives of parents and caregivers can be serious. A parent or caregiver subject to substantiated concern have three options:
- manage the situation by cooperating with DCF
- fail to cooperate with DCF and risk many uncertainties, or
- appeal the decision through the grievance process.
Parents should consult with a Massachusetts DCF Attorney regarding the risks and benefits of each option.
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.