Case Highlights:
- DCF alleged that Mom and Dad allowed Child to smoke marijuana at home
- Originally only Dad faced allegations of neglect
- Mom also part of the investigation but had no idea and no notice from DCF
- DCF interviewed each family member with no supervision, many conflicting stories
- Once they hired Attorney Seaver, the family had a plan to deal with DCF
- The original allegations were ultimately unsupported
Case Study:
A 51A was filed against Dad for neglect. DCF came to see Mom and notify her of these allegations but gave no indication that she was being investigated as well. Once Mom found out about the allegations of neglect against her, she filed for a DCF Fair Hearing. After a long waiting period, Mom was able to get a hearing. She planned to represent herself and prepared evidence that proved she had not been neglectful. During this process, she learned a lot about parents rights against DCF, especially the importance of understanding the procedures and preparing adequately for such hearings. At the Fair Hearing, however, DCF supported allegations of neglect against Mom. Throughout this entire process, Mom’s due process rights had been violated.
The mother appealed this decision and lost. The case was then sent up to the Superior Court. Mom was given a second chance for appeal. The mother knew that this time around she needed representation from an attorney if she wanted to be taken seriously.She hired Attorney Kevin Seaver because she needed someone who would fight against DCF for her rights. Attorney Seaver broke down the case. He provided DCF with the correct documentation to show that DCF had not followed their own statutes. As a result, Mom’s rights had been violated. The DCF social worker was cross-examined. It turned out that her testimony contradicted her reports. As a result, the hearing officer reversed the decision. It was found that Mom had not been neglectful. The mother’s dreams for her case were realized, as DCF was out of her life and her child was not taken.
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.