How a MA DCF Lawyer can Help with Accusations of Child Abuse & Neglect
When you are facing false accusations of child abuse or child neglect by the Massachusetts Department of Children and Families (MA DCF), your best chance at getting rid of those allegations is hiring an experienced attorney. A MA DCF Lawyer should also be able to guide you through 51B Investigations, Fair Hearings, Grievances, and Assessments.
DCF cases are different from just about any other type of legal case out there. There are DCF cases spanning all issues. That includes substance abuse, disabled children, severe emotional disturbances, homelessness, unsanitary living conditions, incarceration, physical abuse, sexual abuse and more. That means to successfully beat your DCF case, you must have a specific plan and strategy designed for your unique situation.
You need someone who will tell you how much to cooperate with DCF, how to prepare your house and children for DCF coming and how to handle the social workers, among other things. An experienced MA DCF lawyer can prevent a 51A from being supported, or get it reversed as soon as possible. Above all, they must be able to keep your children where they belong. At home.
When Can DCF Take Your Child Away?
DCF can take your child away at any point in your DCF case. No parent or child care professional is safe from charges of abuse or neglect on a 51A report. DCF is definitely one of the most powerful and dangerous state agencies since it has the authority to remove a child from his or her home before the parents may fight such a removal in court.
Depending on the allegations, you could also lose your job due to a supported DCF decision. Many parents who are leaders in their community have their excellent reputations tarnished because of a baseless or exaggerated allegation of abuse or neglect. This defamation not only ruins families, but also ruins communities.
How do Mandated Reporters Make False Accusations of Child Abuse/Neglect?
More and more “mandated reporters” are accusing parents of child abuse or neglect nowadays. Mandated reporters are people who professionally work with children, such as teachers, foster parents, day care providers, guidance counselors, pediatricians, therapists, and police officers. They must contact DCF to file a “51A report” when they suspect child abuse or neglect.
If a mandated reporter does not report a suspected child abuse or neglect to DCF, they can lose their job and pay thousands of dollars in fines. So, mandated reporters are under a lot of pressure to report to DCF. This can mean that mandated reporters “over report” to the Department. For parents, this could be that they end up facing false allegations.
A mandated reporter may rely on what a child tells them. This sometimes could do more harm than good. There are many reasons a child might say something about their parents. They may have heard it elsewhere, or they may be exaggerating. They might also misinterpret the child’s statements. Most times, the parent is actually not abusing or neglecting the child.
Sometimes mandated reporters don’t realize how much damage they can do to a family when they report to DCF. Other times, the mandated reporter wants to get a parent in trouble by asking their child “leading questions. But that’s where an experienced DCF lawyer can step in and help a family.
Should you Speak to your Social Worker w/out a MA DCF Lawyer?
Neither you nor your children should ever talk with a social worker during a 51B investigation without legal counsel or representation. While your social worker may seem pleasant and act like the matter is “not a big deal,” he or she is not your friend. The social worker is there to gather sensitive information against you that may support a 51A. As the familiar Miranda warnings go, whatever you say or do will be used against you.
You should hire an attorney to understand when you should and should not cooperate with DCF. The worst thing you can do is ignore or refuse to cooperate with DCF. When you refuse to speak to DCF, the Department may think you are hiding something bad. Then, they can get a judge to grant them a court order to remove your children from your home. DCF can tell the judge that they fear for your child’s safety because you are not interested in working with DCF.
And if there are allegations of physical abuse you should absolutely not talk to a social worker or a police officer without a lawyer present. This is because you will probably incriminate yourself and face criminal charges in addition to DCF’s charges of child abuse and/or neglect. Also, DCF may try to uncover sensitive information about you and your family, which you may not be comfortable sharing. You can hold on to your personal and sensitive information; you are entitled to privacy.
Should You Get an Experienced MA DCF Lawyer?
You should definitely hire an experienced MA DCF lawyer to help you with your DCF case. What you don’t know can hurt you; an attorney experienced with DCF matters can help fill in the missing pieces for you. Some cases are less drastic than others, where removal of your child is not likely. Still, every 51A against you must be taken seriously. Why? Once you have a supported 51A against you, you now have a “DCF record”. That means the supported decision against you will show up in a thorough background check. If DCF files another 51A, it is almost a guarantee that your social worker will be much more harsh and possibly more unfair the second time.
If you are dealing with child physical or sexual abuse allegations, you may want to find an attorney who practices criminal law as well as DCF law. In that case, you would need an attorney who understands DCF, the Juvenile and Probate Courts and the criminal justice system inside and out.
With the proper guidance and advice, you can avoid the tragedy of a social worker knocking on your door with a police officer telling you they are taking your child away. But you need to know that in these situations, time is always of the essence. Don’t wait until you’re in too deep.
Protect your children. The sooner you have an attorney representing you in any DCF matter, the sooner DCF gets out of your hair, and the sooner you feel more in control of the situation.
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.
