What Will Massachusetts DCF Do For a 51A Report of Child Abuse or Neglect?

What Will Massachusetts DCF Do For a 51A Report of Child Abuse or Neglect?

The Massachusetts Department of Children and Families (MA DCF) investigation is based on how DCF screened in or screened out the 51A report. If they choose to screen out a report, they will not do an investigation for the case. They will either never come into the family’s life, or they will send the report to an agency that can do something about the allegations.

Remember, DCF only deals with cases where a parent or caretaker is abusing or neglecting a child. They do not deal with anything else. For example, DCF will screen out a report of a stranger raping a teenager. But DCF will send it to the police department because the police handle those kinds of situations. When DCF decides to screen in a report however, they must determine if it is an emergency or a non-emergency situation.

An emergency situation is when a child’s health or safety is immediately threatened, or if a child is at risk of neglect or abuse from their caretaker. On the other hand, a non-emergency situation is when DCF thinks the child abuse or neglect is worth investigating but the reported child is not in any immediate or definite danger.

What Are the Differences Between Massachusetts DCF Emergency and Non-Emergency 51A Reports?

During the Massachusetts DCF screening process, DCF establishes if the 51A report describes an emergency or a non-emergency. If DCF decides that a report requires an emergency response, it means the child’s life, health, or physical safety is in immediate danger. Emergency responses begin as soon as the report is made, and DCF must visit the child at their home within 2 hours of getting the report.  110 CMR 4.26 states that all other children living in the house must be visited at the home as well.

But sometimes, DCF can visit the child at another location. If the child is in the hospital for an injury, for example, DCF can visit the child at the hospital. This is because it may be too dangerous to bring the child back home. In emergency cases, DCF must visit the child within 24 hours, and complete the investigation within 5 days. Non-emergency responses begin as soon as the report is made or within 2 business days.

But DCF is required to visit the child within 3 business days instead of within 2 hours of the report being made.110 CMR 4.27 states that DCF may not visit the child if the alleged abuse or neglect happened outside of the home, such as in a daycare. If the abuse or neglect happened at a daycare, then DCF would visit the child there. When visiting the child, DCF must find out the child’s name, age, and about the conditions of any and all other children living with that child. DCF has to complete a non-emergency investigation within 15 business days after they file the 51A report.

Which 51A Reports would Massachusetts DCF Screen-In as Emergency Responses?

The following are some examples of when Massachusetts DCF will screen in the allegations in a 51A report as emergencies:

• Screened in, emergency, child physical abuse: A child gets beat up by his alcoholic, abusive father regularly. One day, the child shows up at school with a black eye. The teacher immediately reports the situation as child physical abuse to DCF. The Department believes the black eye means the child is in immediate danger. They screen in the report as an emergency response for child physical abuse.
• Screened in, emergency, child sexual abuse: A young girl around the age of 9 goes to the school nurse due to intense vaginal pain and discomfort. The nurse finds out the young girl is pregnant. After asking some questions, the nurse finds out that the child’s father is sexually abusing her. The nurse calls DCF immediately, and DCF screens in the report as an emergency response of child sexual abuse.
• Screened in, emergency, child neglect: The police knock on the door of a home in which there may be drug dealing going on. Finding no answer on the door, the police (with their warrant) enter the home. They find two children huddled together in a corner, while their mother is laying on the floor with a heroin needle in her arm. The police call DCF to report child neglect due to the mother’s drug addiction. DCF takes drug abuse extremely seriously. So, they screen in the report as an emergency response regarding child neglect.

Which 51A Reports would Massachusetts DCF Screen-In as Non-Emergency Responses?

The following are some examples of when DCF will screen in the allegations as non-emergencies:

• Screened in, non-emergency child physical abuse, example: A family went to have a nice day at the beach. The parents forgot to pack sunscreen for the kids. The kids ended up getting sunburns, which led to blisters on their arms. When the child went to school the next day, the child’s teacher thought the blisters were burns. The teacher made a report to DCF that they think the child’s parents are physically abusing them. DCF thinks this report may be worth investigating, but they aren’t sure if the claims are true. DCF screens this report as a non-emergency response regarding child physical abuse allegations.
• Screened in, non-emergency child sexual abuse, example. An angry ex-husband wishes to have full custody of his children. He is angry because his ex-wife is now dating someone else, so he wants to get revenge. The father calls DCF and tells them that his ex-wife is walking around nude in front of their sons. He adds that she leaves her lingerie lying around. MA DCF thinks this may be a case of the mom sexually enticing her children. So, DCF screens in the report as a non-emergency response with sexual abuse allegations.
• Screened in, non-emergency child neglect, example: A neighbor notices that a 6-year-old child walks to the park by herself nearly every day. They suspect this is a situation of child neglect due to improper supervision. The concerned neighbor reports it to DCF. The case meets DCF’s definition of child neglect. But, DCF needs more proof. So DCF screens the report as a non-emergency response regarding child neglect.

Which reports would DCF Screen-Out?

Again, DCF in Massachusetts will not investigate the 51A reports they screen out. They can screen out a report during the intake call. But DCF can also screen out a report when they visit the home for the first time. The following is an example:

• Screened out, no neglect or abuse observed, example: A couple gets into a minor altercation with their neighbor, because they accidentally knocked down the neighbor’s plant when they were backing into their driveway. As revenge, the neighbor calls DCF anonymously to give the couple hardship though they did nothing wrong. The neighbor tells them that the couple is letting their young children play in the pool unsupervised, which is dangerous as the children may drown. DCF visits the home, and sees that the report is actually about teenagers. They also find the pool in question is a kiddy pool where the family’s turtles swim in. No child can possibly drown in that pool. DCF will screen-out this report.

 

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.