How Can You Double Down on Your Parental Rights a MA DCF Investigation?

How Can You Double Down on Your Parental Rights a MA DCF Investigation?

To make sure the Massachusetts Department of Children and Families (MA DCF) is not violating your parental rights in a MA DCF investigation, you must educate yourself. You have to know about the DCF policies, procedures and regulations. But it is extremely difficult when you are trying to do it yourself. Have a support system.That way, DCF can’t ever blindside you. An experienced DCF lawyer can really help you to understand everything about a MA DCF investigation. You should not try to understand the legal terminology on your own. You may misunderstand or misinterpret the regulations.

What does MA DCF Do?

DCF is a state agency responsible for protecting children. They should also try to help keep families together, but sometimes they end up tearing a family apart. This is because DCF sometimes thinks the child is actually better off in foster care than at home. MA DCF will become involved in your life after they receive a phone call reporting suspected child abuse or child neglect from a reporter. All child protection agencies, including Massachusetts DCF, are responsible for: 

• Investigating all reports that a child may be at risk of abuse or neglect.
• Providing services to help troubled families. You can request for these services on your own. DCF may also ask you to undertake services as a condition of letting your children remain in your home.
• Going to Court to get permission to remove children from their home if DCF believes that the children are at risk of abuse or neglect. The Court can require you to accept services from DCF as a condition before receiving your children back.
• DCF is a licensed child placement agency and is allowed to place children in foster care, either voluntarily or through a court order.
• Arrangements for the adoption of children.

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Why is There a MA DCF Investigation on My Family?

When MA DCF begins investigating you, it is because they have been contacted by a mandated, non-mandated or anonymous reporter by phone. One of these reporters told them you were abusing or neglecting your child. Or, you could be caring for the child and someone told DCF the child was abused or neglected under your care. The DCF files a 51A report with allegations of child abuse or neglect. 

The department has an affirmative duty to investigate and does not know when an allegation is indeed false. A lot of the time, an ex-spouse trying to gain leverage in a custody battle is the one who makes false allegations. In any case, no matter how bogus the report is, DCF has to investigate the allegations just to make sure the child is safe.

Who Is a Mandated Reporter?

A mandated reporter is a type of DCF reporter. Mandated reporters are people who work with children as a part of their jobs. These include doctors, teachers, and police officers. Massachusetts law requires all mandated reporters to report every suspicion of child neglect or abuse. In Massachusetts, people don’t have to actually observe child abuse or child neglect to report to DCF. They just have to suspect that a parent/caretaker is abusing or neglecting a child.

It is important for mandated reporters to understand the definitions of abuse and neglect. “Abuse” is when a child was harmed by someone who was responsible for them. The harm must affect the child physically, mentally, or emotionally. This includes physical abuse, touching sexual abuse or non-touching sexual abuse. “Neglect” on the other hand, is when a child is not properly cared for. Neglect can mean the child is not properly fed, clothed, or supervised.

Mandated reporters cannot report to DCF anonymously. If it was an anonymous report, the Department cannot tell you who reported you. But, you can figure out who made the report by asking DCF detailed questions about the allegations against you. Remember, you have the right to know exactly what you are being accused of. You also have the right to a summary of the investigation and a copy of the report.

How Long Does DCF Have to Investigate the Allegations in the 51A Report?

DCF will decide whether the report is an emergency or a non-emergency, and proceed with their investigation accordingly. The time frames of emergency and non-emergency DCF investigations are in 110 CMR 4.31, which states:

(1) The investigation of all “emergency reports” shall commence within two hours of initial contact and shall

be completed within five working days after the receipt of the report by the Department. The results of the

investigation shall be in writing, transcribed onto a “51B” standard investigation form, as established by the

Department.

(2) The investigation of all “non-emergency reports” shall commence within two working days of initial

contact and shall be completed within 15 working days following the receipt of the report by the Department.

The results of the investigation will be in writing, interpreted onto a “51B” standard investigation form, as

organized by the Department.

What is a C&P emergency?

A Care and Protection Emergency is when the court believes the child is in immediate danger. In those cases, the Department tends to place the child in DCF’s temporary custody for 72 hours.

If the Department thinks there is a serious risk of harm, they will go ahead and attempt to remove the children. They can show up with the police. Best policy is to cooperate and make it as peaceful as possible regardless of how painful it may be. This is because DCF will remove children from their homes if they believe that the children are in immediate danger due to any child abuse and/or child neglect.

In principle, DCF should be considering reunification with the family first and not placement in foster care. However, this is often not the case as DCF pushes to uncover facts and findings against you to support a case for removal. 

The DCF investigator and Area Office Supervisor take these findings and file an affidavit to a judge, getting permission from a judge to remove children from the parents’ or caregivers’ home. Investigating all reports of child abuse or child neglect. DCF must determine if a child may be at risk of abuse or neglect, and what steps to take to make sure the child will be safe.

Am I at risk of DCF putting my kids up for adoption?

Adoption is when a child is permanently placed into a home that may not be related to their direct kinship. DCF puts your child up for adoption to offer your child a stable home to grow up in. DCF can place children in foster care though a court order or put children up for adoption. Care and Protection cases follow the guidelines of Massachusetts General Law Chapter 119 Sections 24 and 25.

Massachusetts General Law Chapter 119 Section 24 states that under oath, an individual may allege that a child is not receiving the proper care, whether this be physical care, education, or mentorship. The child may come to court and the parents may state why they are sufficient caretakers.

The court may grant adoption for a child if they believe this is in the best interest of the child. If the court believes the child is in immediate danger, they may do an emergency custody. The parents will receive a notice of this. The court can keep the emergency custody for 72 hours. After the 72 hours, it is up to the court to decide if the child will go back to the parents or a custodian. 

How to handle a DCF investigation?

The first step to handling a DCF investigation is to know exactly what DCF is accusing you of. DCF can make allegations of sexual abuse, physical abuse, or neglect of a child.

Handling a DCF investigation also requires a solid understanding of DCF’s investigation process. Right after the 51A report against you is filed and screened in, a social worker comes to your home.

This will happen for both, emergency and non-emergency investigations. The social worker has to be as specific as possible in telling you the details of the allegations.

If the person whom you suspect made the report about your family would do it with malicious intent, you should tell the social worker about this. There is a possibility that the social worker will want to speak to other members of your family.

They will want to see all the children living in the home, especially the reported child. They may also want to examine your home, talk with daycare providers, relatives, doctors and other people who may know information about you and your children. Remember, DCF can use anything you tell them against you in court.

What Are Some Quick Tips for Handling a MA DCF Investigation?

Try to record every interaction you have with DCF. You should try to take notes, or use a tape recorder if you have one. DCF may not agree to this, but you should still try. Also, stay on the topic of the specific charges.

Some DCF investigators will use this interview as a ‘fishing’ expedition. Don’t let them. As the caretaker, you don’t want a bulls-eye in your back. You are the target of the investigation and make no mistake. 

What Do I Do When DCF Asks Me to Sign a Release?

Do not sign anything unless you’ve had a lawyer look at it. Be courteous at all times and tell the social worker you’d like to review with a lawyer and get back to them.

If you decide to sign them, sign only the completed forms specifying the person and the information sought. Don’t violate your own best interests. Have a lawyer look at it before signing any document, even if you think you know what the document says. 

Acquire copies of everything that the worker wants you to sign. You can ask for an opportunity to have these items reviewed by an attorney before you sign. It is important to read everything carefully. Remember, do not sign anything that you do not understand.

DO I HAVE TO?

You’ve left DCF with no other option than to support the allegations. When they’re false allegations, it makes sense to confront them and present your own evidence in an attempt to have the allegations unsupported. You must understand that when DCF believes a child is at serious risk of harm, DCF can remove your child.

Their definition of serious risk of harm is completely subjective. That mean DCF can stretch the truth to justify removing the child from the home. This is especially true if you refuse to speak or cooperate with DCF. Be aware that DCF can seek aid from local law enforcement, like the police, when they are removing your children.

What happens after the MA DCF investigation?

The four (4) possible outcomes of the DCF 51B Investigation include the following: 

1. Unsupported
2. Substantiated concern
3. Support the matter and close the case
4. Support the case and send it to a family assessment

What is an Unsupported Decision?

When DCF unsupports the allegations, the case goes no further. Your involvement with DCF ends there. After reviewing all the facts, DCF didn’t find a “reasonable cause” to believe that the allegations were true.

What is a Substantiated Concern decision?

A substantiated concern decision is when DCF is not sure whether or not the allegations are true. DCF will probably start an assessment with the family when they make this kind of decision. The Department does this because the assessment gives them a chance to keep working with the family to uncover the truth.

What if DCF Supports the Allegations? 

DCF can do a number of things if they end up supporting the allegations. They can:

1. Try to take custody of your children
2. Put your child in foster care or try to convince you to voluntarily place your child in foster care
3. Place your child with one of your friends or relatives
4. Put the child up for adoption
5. Offer services to your family

Can DCF Trick Parents into Letting DCF Have Custody?

Sometimes DCF will try to get families to agree to voluntarily place their children in foster care. If the social worker asks you to sign a voluntary placement agreement, ask for an opportunity to talk to an advocate or lawyer before you sign. Important rights are at stake.

If you refuse to sign a voluntary agreement or if DCF decides that your children are at immediate risk, they may plan to go to court to try to get custody of your children.  You have a right to have an attorney, even if you cannot afford one.

The court will appoint an attorney for you and a different one for your children. You may wish to contact a legal services office about your rights if DCF takes you to court.

What does DCF do After Supporting the Allegations?

DCF can do an assessment after supporting the allegations. This time a social worker who will handle your case is assigned. The social worker uses this time to get to know you and your family. If you want services from DCF, opening a discussion with your DCF social worker is a good opportunity for you to find out what DCF offers and whether your family could benefit from the services. The assessment must be completed within 45 days from the date of the “support” verdict. The end result is usually a service plan. This is still a crucial time in your relationship with DCF. Anything you say can be used against you.

When MA DCF investigation results in a supported decision, you have 30 days to appeal to MA DCF Fair Hearing unit. You should write a letter to them requesting for an appeal. Then, send that letter to them by email, fax, and U.S. mail. It is important to do all three to make sure DCF gets your request. Also, hold on to the envelope because the date stamped and will say when mailed out. Time frames are very important. You cannot request an appeal after the 30 days are over. So do not let DCF catch you for failing to request the appeal on time!

What is a DCF Action Plan?

A DCF action plan used to be known as a service plan. DCF’s action plan will describe the services you are to receive as well as what you will be expected to do. 

MA DCF will provide you with an action plan after they have completed a DCF investigation against you. DCF can provide you with a number of services. These services include:

• Anger management courses
• Daycare services
• Homemaker services
• Therapy or counseling for you and your children
• Parenting skills education.

Doing all the tasks on your action plan can only help you.

Is There a RIGHT Way to Complete a DCF Action Plan?

To properly complete an action plan, you must understand exactly what DCF expects of you. Also, DCF can end up using your action plan against you in court; they can say that because you agreed to a certain task, it means you must be guilty. So you have to make sure DCF does not put an unnecessary task which you never had to do in your action plan.

And if you refuse services or are unable to participate in them, DCF may try to take =custody of your children on the grounds that you are being uncooperative.You should hire a lawyer experienced with DCF to make sure DCF is not violating any of your rights with the action plan. 

Can MA DCF take my child if I didn’t know there was a DCF case filed against me?

YES. DCF can take your child even if you didn’t know that a 51A was filed against you. There are 2 types of 51A reports. Emergency Response filing and Non-Emergency Response filings. If the report is labeled as an emergency response, DCF may get a court order from a judge. This would give them permission to take your children from your home without letting you know that they were planning on doing that.

What Should You Do When DCF Takes Your Child?

If your child was taken by a DCF social worker who showed up at your door with a police officer, call your local DCF office. Ask DCF when they plan on taking your case to court. DCF may take your case to court immediately after they remove your children from your home. 

Be aware of your rights regarding hearings. Within 72 hours after your child was removed, a court date will be set for DCF’s filing of an affidavit to remove your child. At the court, you will be provided with a free, court-appointed attorney if you cannot afford one. During this hearing, it is important that you explain why your child is not in danger when they live with you at your home. The DCF investigator will submit an affidavit outlining their reasons to justify removal of your children to a judge.

How Should You Go About Fighting Your Case?

You need to prepare a strong case proving not only that you are not a potential nor immediate danger to your child in the home, but most importantly that what DCF is using to allege child neglect or child abuse against you is wrong.

What you must do is request your entire DCF file and read carefully through the MA DCF 51A and MA DCF 51B forms. These are the forms that DCF has filed detailing the purpose and nature of their initial investigation. Read through to find instances where DCF includes information that is false or improperly referenced, and be sure to include good quality evidence to disprove DCF’s claims.

You must build your case to replace MA DCF’s findings with the true facts. Obtaining legal counsel through an MA DCF attorney could help you navigate some of the legal and administrative details to build a kids that could guarantee getting your children back.

You as a citizen have a right to free counsel. This right also affords you the privilege to dismiss or change your attorney if you feel they are not representing your interests in your MA DCF case.

What Are Your Rights in a MA DCF Investigation?

When you’re a parent, grandparent, foster parent, or other caretaker for a child (such as a teacher, daycare worker, bus driver), you must take the MA DCF very seriously. This is because there can be very serious consequences if you don’t. You could lose your job, child, and reputation.

The role of the MA DCF investigation draws into conflict with parents and families raising their children as they see fit. Even when DCF ends up taking your children in an investigation, they have an affirmative duty to reunite you with their children. When they try to take your children, it’s family first and not foster care.

Seek a dependable option, they are required by their own philosophy and Massachusetts law to help you as much as they can. Be sure to hold them accountable for that. Learning exactly what your rights are is the best way to handle DCFs involvement into your life.

Kevin Seaver is a trusted Massachusetts DCF lawyer specialized in DCF law since 1991.

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.