How is my “substantiated concern” allegation affected by the MA DCF “closes” my case?

There is much confusion about the MA DCF closing your case and what exactly that means to the supported allegation of “substantiated concern”. When DCF closes your case that means DCF will no longer come to your home for those invasive pesky home visits. Be careful !!! This does NOT mean that the allegation that opened the case with  a “substantiated concern “ has been reversed and therefore overturned.

The ONLY way that you can reverse and overturn the substantiated concern is through the DCF “grievance“  process.   This MUST be done within thirty (30) days.  Recently, a Mom called me in a panic about her “substantiated concern”.  She told me how she had sent for her records but DCF had NOT processed them within the thirty (30) days. She was understandably upset that she would NOT be able to appeal through the grievance procedure because she did not have the proper DCF documents to file a grievance.

This  is a common scenario.  DCF is required to produce the DCF documents within thirty (30) days according to the Code of Massachusetts Regulations.  Many times however DCF does NOT produce the records within the thirty (30) days.  This can be a problem.  The Department has thirty (30) days to produce your documents, but without the documents you can’t appeal the “substantiated concern” within these thirty (30) days.

When a delay in receiving the records occurs, you should write to the Area Director for the area where the allegation of “substantiated concern” came from and ask for an extension on the grievance because of the delay in receiving the DCF records. You should request an extension in which the thirty (30) days do not occur until you receive  the documents.  Be sure to put all requests in writing.

The three steps  should be:

1. Write an email to the Area Director
2. Turn that email into a letter with your full name, address, and city/town with your zip code asking for the extension and for the DCF file again. Ask for the file to be produced as it is well past the thirty (30) day  .
3. Ask that the thirty (30) days begin once you receive the file

Kevin Patrick Seaver is located in Boston MA specializing in DCF law representing clients versus the MA DCF throughout the state of MA .

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.