How Should You Deal with MA DCF For False Allegations of Child Abuse?

How Should You Deal with MA DCF For False Allegations of Child Abuse?

When a parent or caregiver is facing false allegations of child abuse by the Massachusetts Department of Children and Families (MA DCF), they can prove their innocence during the DCF investigation. They should be respectful to their social worker, and understand that DCF is just trying to do their job. But parents should also understand that anything they say to DCF can end up hurting them. That is why it is in a parent’s best interest to hire an experienced DCF lawyer to help them during this time.

Even when parents are totally innocent, DCF may take one small thing they said to be an admission of guilt. Then, DCF can take that small statement, and turn it into a negative. There have been times when a parent was falsely accused of child abuse, but DCF ended up supporting child neglect allegations against the parent for a different issue. Do not let DCF do this to you. Speak with an attorney immediately when DCF comes into your life to protect yourself, and more importantly, your children.

Why Does DCF Investigate False Allegations of Child Abuse?

DCF will investigate all reports that meet their criteria of child abuse or child neglect. Even when the report seems totally bogus, if it falls within DCF’s definition of abuse or neglect, DCF will do an investigation. A mandated reporter who has reasonable cause to believe that a child under the age of 18 is suffering from abuse and/or neglect must make an oral report. 

Mandated reporters include doctors, nurses, social workers, mental health professionals, police officers, teachers and clergy. Within 48 hours of the oral report a written report must be made to the local DCF Area Office. Any individual can place a call to report abuse or neglect during business hours (8:45am to 5:00pm Monday to Friday) to the appropriate DCF area office of the city/town where the child resides.

How Does DCF Begin Their Investigation?

DCFs 51B is governed by M.G.L c. 119, 51B. No DCF case is the same but workers must follow a set of policies and procedures during the investigation process. The DCF screener will ask a series of questions to gather information for the 51A intake report. Based on this information, the intake will be either “screened in” or “screened out”. 

You would not hear from DCF if an intake is “screened out.” If screened in, DCF will start an emergency response or a non-emergency response. Then, DCF will assign the case to a DCF response worker, also known as a DCF social worker. The social worker will ask the family, people who know the family, and professionals who work with the family a number of questions. Those questions are supposed to is responsible for handling the case. In an emergency response, DCF can go to Juvenile Court to attempt to obtain custody of the child. Non-response emergencies are more likely to occur. A notice of response letter is supposed to be provided to parents or caretakers of the child listed on the 51A report. The letter should state the child’s name, allegation, and caregiver associated with the allegation.

The DCF response worker assigned will sign this form. The parents or caretakers should be provided this letter at the time of first contact. The DCF response worker must meet with the child(ren) at their home within 3 business days after the screening process unless the alleged abuse occurred outside the home. The parents living with the child are also visited at least once and the initial visit should take place within 3 working days after the screening decision. A parent who is not living with the child is to be contacted at least once. The DCF response worker will contact the reporter, check past DCF files, and contact collaterals to gather important information. 

The DCF response worker may choose to screen in any additional concerns or allegations. The social worker is supposed to contact the reported parent first. During that first contact, the social worker should set up a time to meet with the parent and come to the home when all the children in the family are going to be there. When the social worker comes to the home, the parent is entitled to have an advocate present on their behalf. This could be someone like a friend or family member, or it could be a DCF attorney. The DCF social worker should go over the allegations with the parent and ask them questions that will clear up whether or not the allegations are true. During an investigation, regardless of whether there was an emergency or non-emergency response, the DCF response worker must determine:

• the existence, nature, extent and cause or causes of the alleged abuse or neglect;
• the identity of the person or persons alleged to be responsible therefor, if possible;
• the name, age and condition of all other children in the same household; and 
• all other pertinent facts or matters which in the opinion of the investigator are necessary to support or unsupport the allegation which was reported to the Department.

What Happens After the DCF Investigation?

DCF’s non-emergency investigation should be done within 15 working days, not including weekends and holidays. After the investigation, DCF will decide whether the allegations should be supported, unsupported, or substantiated concern. These decisions are reviewed by the DCF response workers supervisor. A decision to support an allegation shows that there is “reasonable cause to believe that an incident of abuse or neglect by a caretaker did occur.” The DCF response worker consider certain factors including : 

• Direct disclosure by the child or caretaker, 
• Physical evidence of injury/harm, 
• Behavioral indicators, 
• Corroboration by collaterals and 
• DCF response workers clinical base of knowledge. 

DCF will open a case for assessment and action planning with the family. If there is already an open case, the ongoing worker will be informed and update the service plan accordingly.

What happens if DCF “Supports” False Allegations of Child Abuse?

DCF supports false allegations when they think there is “reasonable cause to believe” that the incident actually happened. The incident may not have happened at all, but DCF’s job is to protect the best interests of the children. They will always choose to be on the child’s side over the parent’s side. For that reason, they behave as if the parents are guilty before proven innocent. Keep in mind, though, when DCF does support false. And that the “actions/inactions of parent(s)/caregiver(s) create potential for abuse or neglect. However, there is no immediate danger to the child’s safety or well-being. DCF will take the same steps to work with the family as a supported decision. Decisions of substantiated concern arise when a child is caught in the middle of a divorce or custody battle. If DCF supported or substantiated concern of any allegation, DCF will continue services for the family through an assessment process. The case will be turned over to an ongoing worker who will work with the family. DCF should send you a letter to the parents or caregivers and to the reporter of the 51A if they are a mandated reporter. If the allegation of abuse or neglect is supported, or there is substantiated concern, the recommendation of DCF should still be followed. This form does not constitute any order that the parent or caregiver responsible cannot see the child again. A court order only can change the custody or parenting plan. The DCF response worker’s communications and notes from their investigation will be compiled into a “Child Abuse/Neglect Non-Emergency Response,” report, also known as the 51B report. Parents and caregivers can request this report by sending a letter to the DCF Area Offices Director. The letter must be signed by the parent or caregiver or by a person of their choosing. DCF will redact information about the 51A reporter and other identifying information. Area offices handle requests differently, so it is important to check in periodically with the office if the records are not received within several weeks.

Kevin Seaver is a trusted Massachusetts lawyer 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.