A Massachusetts DCF lawyer explains the most important steps of a MA DCF investigation after the Department of Children and Families files a report of child neglect or abuse against you.
The first call from the Massachusetts Department of Children and Families (MA DCF) is a call no one wants to receive. The government just told you that they are investigating you for child abuse or neglect. After you get over the initial shock, you’re at a loss for what to do next. You know the allegations are wrong, but you probably don’t know how to prove that. Keep in mind, DCF has the power to remove your children from your home and place them in DCF foster care. So how can you protect you and your family from DCF? You need to have a plan.
Even though every DCF case is different, and every family needs a different set of evidence, you want to have a tactical strategy to get MA DCF out of your life as quickly as possible. You can try to do it on your own, but your best chance at winning your case is to get help from an experienced lawyer.
What is the Key to getting DCF Out of Your Life?
The key to minimizing DCF involvement in your and your child’s lives is educating yourself about the DCF process. The MA DCF investigation is also called a “51B Investigation“.
It would be helpful for you to read up on how the Department conducts a MA DCF investigation. Understanding this important process will help you get your case closed in the earliest stages of DCF’s investigation against you.
The DCF agency has two missions: 1) protecting children from neglect and abuse, 2) keeping the family unit intact. Unfortunately, these missions can conflict with each other: protecting children, in DCF’s eyes, sometimes means breaking a family apart.
The first step in the MA DCF investigation process is called a 51A report. A 51A report starts when DCF receives a report of alleged abuse and/or neglect of a child living in Massachusetts.
This article will talk about the steps of a 51A report:
- The Intake Call
- The Screening Process
- Emergency vs. Non-Emergency Responses
The Intake Call
Every MA DCF investigation, begins with an “intake”. The intake is when a DCF investigator accepts the call made by a reporter and takes quick notes on the reported allegation of child abuse or child neglect.
The person reporting child neglect or abuse can be a mandated reporter (such as a teacher, doctor or a police officer). Child abuse or neglect can also be reported anonymously or by a common individual, also known as a non-mandated reporter (such as a neighbor).
Anyone can call DCF to report child abuse or child neglect if they have reasonable cause to believe a child is being abused or neglected. A mandated reporter has a greater responsibility to report to DCF.
Massachusetts requires mandated reporters and non-mandated reporters to disclose concerns about potential child abuse and/or neglect by caregivers. After receiving the call from a reporter, if DCF thinks the report indicates a child may be or is at risk of abuse or neglect, DCF must file a 51A report and investigate the allegations to determine if they are true.
DCF will file a 51A Report only if the allegations meet DCF’s criteria for abuse or neglect. DCF will not file a 51A report otherwise. For example, DCF will not consider an incident to be child abuse or neglect when a child is bullied at school. This is because it does not mean a parent or caretaker was abusing or neglecting the child.
When Would Someone Report to DCF?
If a mandated reporter has a reasonable cause to believe that a child is suffering emotionally or physically, they must call DCF immediately. Within 48 hours of their report, the mandated reporter must give DCF a written document describing the potential child abuse or child neglect. The following are reasons why a mandated reporter would report to DCF:
- The child has marks or bruises on their body
- The abuse put the child’s health or welfare at harm (which includes sexual abuse).
- The reporter thinks the child is malnourished.
- It looks like the child’s clothes are dirty or the child smells bad.
- The child was physically dependent on addictive drugs at their birth.
- The reporter suspects the child may is being sexually exploited or is a victim of human trafficking.
Understanding the type of person who can report you to DCF will help prepare you in how to act in certain settings. For instance, you probably should not yell at your child in front of their teacher, even if you just did it out of frustration. The teacher might tell DCF you are emotionally abusing your child.
The Screening Process
The next step of a 51A report is the screening process. In this process, DCF will determine whether they should “screen in” or “screen out” a report. A decision to “screen in” or “screen out” a report happens immediately after the intake call. The screening process is when DCF analyzes whether or not the reported neglect or abuse meets their criteria for a MA DCF investigation.
The DCF screening process follows the guidelines of 110 CMR 4.21. The screening process is not a MA DCF investigation. So when DCF screens in a report, it does not mean the incident of child abuse or neglect actually happened. It just means the report is worth investigating.
When does DCF Screen In / Screen Out Reports?
If DCF screens out a report, the case goes no further and DCF does not investigate the allegations. If DCF screens in the report, DCF will investigate the situation. In emergency cases, DCF may remove the child from the home.
A report will be “screened in” only if the screener determines that a child may have been abused or neglected by their caretaker. A caretaker is anyone responsible for caring for the child.
The screening process also helps DCF figure out if a child’s health or safety is in immediately danger, or if a child is at risk of neglect or abuse from their caretaker. If DCF decides to screen in a report, they must determine if it is an emergency or a non-emergency situation.
What are Examples of When DCF will “Screen In” allegations as an “Emergency Response” for MA DCF investigations?
Screened in, emergency child physical abuse, example: 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 to DCF that the child may be physically abused. DCF believes the child may be in immediate danger, so they screen in the report as an emergency response for child physical abuse.
Screened in, emergency, child sexual abuse, example: 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 leading questions, the nurse finds out that the child has been sexually abused by her father. The nurse calls DCF immediately, and DCF screens in the report as an emergency response of child sexual abuse.
Screened in, emergency, child neglect, example: 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 enter the home with their warrant and find two children huddled together in a corner. The police also see the mother passed out on the floor with a heroin needle in her arm. The police report this to DCF. DCF then screens in the report as an emergency response of child neglect due to the mother’s drug addiction.
What are Examples of When DCF will “Screen In” allegations as a “Non-Emergency Response” for MA DCF investigations?
The following are some examples of when DCF will screen in allegations as non-emergency responses:
- 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, so the kids ended up getting blisters from a sunburn. The next day, the child’s teacher saw the blisters, and mistook them for signs of child physical abuse. Since the teacher is a mandated reporter, they must call DCF. DCF thinks this report may be worth investigating, but they aren’t sure if the abuse claims are true. DCF screens in this report as a non-emergency response regarding child physical abuse allegations.
- Screened in, non-emergency child sexual abuse, example. An angry ex-husband wants to get revenge on his ex-wife. He calls DCF and reports that his ex-wife walks around nude in front of their sons, and leaves her lingerie lying around. MA DCF believes that parents may be sexually enticing their children in this situation, but they need more information. 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. The concerned neighbor calls DCF and reports that the very young child is playing in the park with no supervision. DCF believes this is child neglect but they need more proof to say for sure. So DCF screens in the report as a non-emergency response regarding child neglect.
When will DCF Screen-out a Report for MA DCF investigations?
DCF will screen out reports when it does not meet their criteria of child abuse or neglect.
During the intake call, DCF must determine if the allegation of child abuse or child neglect, is actually abuse or neglect the way DCF defines those terms. 110 CMR 4.20 states that the Department sometimes receives reports which clearly do not fall within the Department’s definition of abuse or neglect of children). 110 CMR 4.20 provides examples of reports that do not constitute abuse or neglect. DCF will screen out these reports. These reports include:
- Abuse of young adults (over 18 years of age)
- Elder abuse
- Reports that a parent is not allowing their teenager to date
- Reports that a department store’s catalogue contains pornographic pictures of children
What are Examples of When DCF will “Screen Out” the allegations?
- 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. DCF believes this dangerous because young children can drown in pools. But DCF discovers the reported children are actually teenagers. Also, the pool in question is a kiddy pool where the family’s turtles swim in; no one can possibly drown in it. DCF would screen this report out.
- Screened out, neglect or abuse by a non-caretaker, example: A small girl is raped by a stranger in a vacant lot. This is definitely an incident of “child abuse”. But DCF screens out the case because the child’s parent or caretaker did not rape the child. Even though DCF screens this out, they will send the report to the police and the district attorney’s office. This would be a criminal case only.
Emergency vs. Non-Emergency Responses in MA DCF investigations
If DCF decides that a report requires an emergency response, it means there is an immediate danger to the life, health, or physical safety of the child. Emergency responses begin as soon as the report is made, and DCF must visit the child at their home within 2 hours of the report. 110 CRM 4.26 states that all other children living in the house must be visited at the home as well. But sometimes, with DCF’s discretion, the child can be visited at another location. For example, when a child is hospitalized, they have to stay at the hospital. In that case, DCF may just visit the child at the hospital. In emergency cases, DCF must visit the child within 24 hours, and complete the investigation within 5 days.
DCF will begin a non-emergency response 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, for example, a daycare, then the child would be visited 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 must complete a non-emergency investigation within 15 working days of getting the report.
Kevin Seaver is a trusted Massachusetts DCF Lawyer Specialized in DCF 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.
