What Are the Parent Rights When MA DCF has Sexual Abuse Allegations?
When the Massachusetts Department of Children and Families (MA DCF) makes sexual abuse allegations against you, it’s important to know your rights. Unfortunately, many parents have no idea what their rights are. That paves the way for DCF to overstep and violate parents’ rights during the investigation without parents even realizing it. Knowing what your rights are and what DCF looks for during a MA DCF investigation for sexual abuse allegations can help you get through this difficult time successfully. But there is always information you didn’t know you even had to know. For example, even when you understand everything DCF is accusing you of, you may not understand all the consequences of the allegations. Hire an experienced DCF lawyer who knows the ins and outs of the process. It is no walk in the park dealing with DCF, despite the allegations. Get DCF out of your life as quickly as possible without you losing your time, money, reputation, and most importantly, your child.
What Are Your Rights During a MA DCF Investigation?
DCF is under the control of specific laws and regulations. There are certain things DCF must do, and other things they cannot do. It is important to know these things so that you understand what DCF can and cannot ask when they interview you and your children. Your rights during a MA DCF investigation are pretty much the same for all types of allegations. There are three (3) possible allegations that can lead to a DCF investigation:
Your rights do not really change based on the allegations. The only difference between investigations for other types of allegations and DCF sexual abuse allegations is the idea of the DCF SAIN interview. The following are some rights that all parents and caretakers have when they are facing DCF sexual abuse allegations:
Knowing What DCF is Accusing You of
You have the right to know what the allegations against you are. You also have the right to know exactly what the report against you says. Make sure that you not only know, but also understand the charges filed against you. You should be aware of what can happen to you and your family if you do not do the allegations If it is difficult for you to understand the allegations, the report, and the consequences of the report, hire an experienced lawyer immediately. You never know what can land you in jail, or even worse, have your kids taken away from your home for good.
Not Letting Your Child Participate in a SAIN Interview
When you know the sexual abuse allegations are false and you think your child may be traumatized if they go through a SAIN interview, you can refuse to allow your child to go through that. You have parental rights over your child which DCF can’t take away unless. Try your best to be polite and respectful when you refuse this. Make sure you explain to DCF that you are refusing this because you think it is not your child’s best interests. DCF will not be happy and may try to retaliate. Hire an attorney to protect you when this happens. You should not try to fix it yourself.
Having a Copy of All of DCF’s Documents About You
DCF does not have to tell you who made the report. But they must be as specific as possible about what the report says. That means you can ask DCF for a copy of the 51A report which was filed against you, and DCF has to give it to you. You have the right to know what DCF wrote about you during their investigation too. DCF puts everything they find out about you into a “51B investigation report”. So, you are within your rights to ask DCF for a copy of the 51B investigation as well as the 51A report. You can ask DCF for your entire file at any time. They must give you all the documents they have about you when you ask. It is very important to make a copy of everything DCF has against you. Anyone can change the report later on and use it against you.
Refusing to Let DCF Into Your Home
When DCF first finds out about your family, they will want to visit your home. You have the right to refuse to let a social worker enter your home. You must choose wisely though because if DCF believes your child is at risk, they will argue that your child is in danger. DCF will go to court and tell the judge you are not allowing DCF to investigate which means you are probably abusing your child or letting someone else abuse them. So you should let DCF into your home, or you should hire an attorney to give you advice because each DCF case is different.
Refusing to Sign Releases DCF Asks You to Sign
DCF can ask you to sign a release during the investigation. A release is a document that gives social workers the authority to talk to certain people about your case. You do not have to sign anything DCF asks you to sign. This can work against you because DCF can force you to go through tests and evaluations and fudge the results. You should get an experienced lawyer to help you with how to go about this situation.
What Does DCF Look For in an Investigation for DCF Sexual Abuse Allegations?
DCF looks for signs of sexual abuse in the reported child during an investigation for DCF sexual abuse allegations. The most important thing DCF is looking for is a direct sign. That is usually a statement that the sexual abuse did or did not happen. The most powerful statement in these cases would be the child directly telling the social worker that they were sexually abused by their parent or caretaker. Even when the allegations are false, DCF will try to get either the child or parents to admit the sexual abuse happened. They can do this sneakily; they can ask leading questions or questions with hidden meanings to get the child or parents to say something that DCF can use against them to support the allegations. When DCF does not get direct statements, they look out for the signs that the child was sexually abused. They are definitely looking for the physical signs, such as cuts or bleeding around the child’s private parts. DCF is also looking for behavioral signs. The behavioral signs include sexualized behavior, inappropriate language and inappropriate knowledge about sexual topics. Those are the most obvious signs of child sexual abuse which DCF is looking for. But DCF thinks there are other hidden behavioral signs of child sexual abuse, like anxiety, bedwetting, fear of being alone, extreme shyness.
What Happens When DCF “Unsupports” the Report?
If MA DCF has no evidence to support the report, it means the report is “unsupported”. After an unsupported report, your family is free from DCF involvement. You will not have to deal with the allegations anymore. Once DCF unsupports that specific allegation, they cannot do another investigation for that report.
What Happens When DCF “Supports” the Report?
A supported report means that DCF found evidence of child sexual abuse. When the abuser is a parent or caretaker who lives in the home, DCF can do two (2) things. They can either remove the child from the home and put them in foster care, or make sure the abuser is banished from the home. Depending on what the allegations are, DCF may choose both options. For every supported report of DCF sexual abuse allegations, the abuser’s name goes on the Registry of Alleged Perpetrators and the DCF Central Registry. Their name could be put on a national sex offenders list too if there are criminal charges. That means the abuser’s name will show up on a background check; they can never professionally work with children. They also cannot work at jobs which care about their reputations and good standing with the community.
Kevin Seaver is a trusted Massachusetts 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.