MA DCF False Reports & False Allegations. This article will describe DCF false reports. You will discover what DCF false reports are, why people make them, who made them, and what to do about them.
You just received a phone call from an unknown number and it has left you shocked, anxious, and terrified. It was the Massachusetts Department of Children and Family (MA DCF) with allegations of child abuse or neglect. You probably think that this can not be true, or that it is a mistake. You would never hurt your child or any other child. But these allegations are real.
They are not going away, and therefore you must take them seriously. You probably feel lost and are unsure of what your next action should be. DCF has not given you any guidance, and a million questions swarm your head. Even if these allegations are definitely false, they still exist. So you are going to have to deal with them. The best way to successfully fight DCF false reports is to be prepared.
Who Makes DCF False Reports?
Anyone could have called DCF to file DCF false reports against you. There are three (3) types of reporters:
Mandated reporters must make a report to DCF if they see any signs of child abuse or neglect, regardless of how true they believe the allegations are. Mandated reporters are professionals who work with children. That includes teachers, doctors, social workers, police officers, therapists, and more. Non-mandated reporters are people who do not have to report to DCF but can if they see evidence of child abuse or neglect. Non-mandated reporters are people such as friends or neighbors. Only non-mandated reporters can make the report anonymously.
Is it Illegal to Make DCF False Reports?
It is illegal to make DCF false reports on purpose. DCF false reports are not illegal if they are made in “good faith” however, a report is in “good faith” when the reporter truly thought the child was being abused but was mistaken. Reports in “bad faith” would be when DCF false reports are made out of hatred or revenge, for example.
Under Massachusetts General Laws Chapter 119 Section 51A:
“Whoever knowingly and willfully files a frivolous report of child abuse or neglect under this section shall be punished by: (i) a fine of not more than $2,000 for the first offense; (ii) imprisonment in a house of correction for not more than 6 months and a fine of not more than $2,000 for the second offense; and (iii) imprisonment in a house of correction for not more than 2 1/2 years and a fine of not more than $2,000 for the third and subsequent offenses.
However, no mandated reporter shall be liable in any civil or criminal action for filing a report under this section or for contacting local law enforcement authorities or the child advocate, if the report or contact was made in good faith, was not frivolous, and the reporter did not cause the abuse or neglect. No other person filing a report under this section shall be liable in any civil or criminal action by reason of the report if it was made in good faith and if that person did not perpetrate or inflict the reported abuse or cause the reported neglect.”
The penalties for non mandated reporters are the same for mandated and anonymous reporters. Non-mandated reporters can face jail time for filing false reports.
Why Does DCF Investigate DCF False Reports?
There are many reasons why MA DCF decides to investigate DCF false reports. Remember, DCF will always want to err on the side of caution. DCF’s job is to help children, not the parents. That is why they tend to act with a “better safe than sorry” mentality. In their minds, they are doing the best thing for the child. In reality, DCF involvement can ruin families.
DCF has very general definitions of abuse and neglect, so they can screen-in reports with little or no evidence or abuse or neglect. DCF has to take every report seriously, even if it is a false report. When the report matches DCF’s criteria for abuse or neglect, they will file a 51A report. The Department will investigate a family if the situations meets the Department’s criteria for child abuse or child neglect. DCF false reports will still create an investigation if the report meets their criteria of child abuse or neglect.
What is DCF’s Criteria for Child Abuse and Neglect?
MA DCF defines “child abuse” as any harmful action done on purpose by a caretaker to a child. DCF’s official definition of abuse is:
“The non-accidental commission of any act by a caregiver which causes, or creates a substantial risk of, physical or emotional injury or sexual abuse to a child; or the victimization of a child through sexual abuse or human trafficking, regardless if the person responsible is a caregiver. This definition is not dependent upon location (i.e., abuse can occur while the child is in an out-of-home or in-home setting).” (as stated in 110 CMR 2.00)
MA DCF also considers human trafficking, labor trafficking, involuntary servitude, and the trafficking of minors to be child abuse.
MA DCF defines “child neglect” as actions that are potentially harmful to a child’s mental, emotional and physical well being. Neglect is less serious to DCF than abuse is, but it can still have the same effects as abuse. DCF’s official definition of abuse is:
“Failure by a caretaker, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care; provided, however, that such inability is not due solely to inadequate economic resources or solely to the existence of a handicapping condition. This definition is not dependent upon location (i.e., neglect can occur while the child is in an out-of-home or in-home setting.)”
What are the Consequences to Parents When They Face DCF False Reports & Allegations?
As a result of falsely supported allegations of abuse/neglect, DCF can:
- Take your children without a search warrant or going to court to seek such custody.
- Terminate your parental rights over your child.
- Place your children into the DCF foster care system to be raised by complete strangers, called foster parents (When you have more than one child, there is no guarantee your children will be placed together when placed in the DCF foster care system).
- Seek to limit or eliminate your visitation with your children.
- Place your name on the DCF central registry (which can cause you to lose your job)
- Seek highly confidential records and access to sensitive information about you or your children during their 51B investigation.
- Disclose information to collaterals about you and your children during the 51B investigation without your permission.
- Send your name to the District Attorney’s Office and seek criminal charges that might result in jail time.
- Have your children interviewed by the District Attorney’s Office in what is called a SAIN interview.
- Seeks the assistance of local, state, and federal law enforcement.
- Support the allegations against you without telling you they were investigating you.
- Try and interview your children at school alone without your permission.
- Obtain your information or records without giving you your Miranda Rights.
- Give all the information found during their investigation to local, state, and federal law enforcement leading to criminal charges and jail.
Can Parents Lose Custody Because of DCF False Reports?
Supported DCF allegations, regardless of if they’re DCF false reports, can cause a parent to lose custody of their child. Parents have the option of trying to reverse supported allegations against them at a Fair Hearing.
You have thirty (30) days to appeal for a Fair Hearing after receiving the letter about the supported allegations against you. It is important to try to have these decisions overturned because important rights are at stake.
Can I Go To Jail For Falsely Supported Allegations of Physical Abuse?
When DCF believes the allegations of physical abuse against you are true, even when they are actually false, you can definitely go to jail. That is why it is so important to hire a specialized DCF lawyer to help you fight DCF false reports.
According to Massachusetts General Laws, Part IV, Title I, Chapter 265, Section 13, the following are the consequences of severe child abuse:
- 13B — ASSAULT AND BATTERY ON CHILD UNDER AGE OF 14: Whoever commits assault and battery on child under 14 shall be imprisoned in state prison for no more than 10 years, or house of corrections for no more than 2 and a half years
- 13H — ASSAULT AND BATTERY ON CHILD AGE 14 OR OLDER: Punishment in state prison for no more than 5 years, or no more than 2 years in house corrections
- 13J — ASSAULT AND BATTERY UPON CHILD: (a) Whoever commits assault and battery upon child that causes bodily injury, shall be punished in state prison for no more than 5 years, or house of corrections for no more than 2 and a half years. (b) Whoever commits assault and battery upon a child that causes substantial bodily injury shall be punished by imprisonment in state prison for not more than 15 years, or house of corrections for no more than 2 and a half years
- 13L — WANTON OR RECKLESS BEHAVIOR CREATING A RISK OF SERIOUS BODILY HARM: Whoever wantonly or recklessly engages in conduct that creates a substantial risk of bodily harm or sexual abuse to a child or recklessly fails to alleviate such risk shall be punished by imprisonment in house of corrections for not more than 2 and a half years.
What Should You Do When Facing DCF False Reports of Child Abuse or Neglect?
You must realize the seriousness of child abuse or neglect allegations even if they are completely false. Your best chance at fighting DCF false reports is finding an experienced attorney specialized in DCF law.
You should spend a lot of time educating yourself about the process you are about to have to go through. An experienced DCF attorney can help you with this. You should also start building a timeline and a witness list that can help you and your attorney defend you. Let your loved ones know what is happening and encourage them to speak about your good qualities as a parent. Also make sure to take care of yourself because this is one of the most stressful times of your life and it is easy to spiral and hurt yourself or your case. Also never give up but keep working hard because the future of your children, family, and yourself are at risk.
Start saving up all the evidence you can; it will take a lot for you to win this fight.
What to Do When DCF Falsely Accuses You of Abusing Someone Else’s Child?
When you are falsely accused of abusing another person’s child, do not contact the reported child or their family. That will only hurt your case. You also should not talk to law enforcement, other investigators, or DCF about the case without having an attorney present. Do not give evidence to law enforcement or DCF without the “go-ahead” from your lawyer first. The evidence could hurt you without you realizing it.
Can You Show DCF That the Allegations are False?
There are a number of things that you can use to help prove that allegations against you are false. You could get people that know you and your family to vouch for your character, and explain to DCF that you are definitely not a child abuser. To prove you do not fit the profile of a child abuser, you could also get an expert to do a psychological evaluation on you. Keep in mind that each DCF case is different. That means each case will need a different set of evidence. You should hire an experienced MA DCF attorney to help you decide how to fight the false DCF allegations.
What Are the Most Common Types of DCF False Reports?
Child neglect is the most common type of allegation that leads to DCF false reports. That is most likely because neglect allegations are the most common types of allegations in general.
Proportionally however, sexual abuse allegations are more often DCF false reports than neglect allegations, and child abuse allegations. Sexual abuse allegations also tend to be DCF false reports often. Parents sometimes use sexual abuse allegations as a weapon during custody battles in divorce.
(PDF) False accusations of child maltreatment: A contested issue (researchgate.net)
How Often Do Reporters Make DCF False Reports to MA DCF?
According to the 2019 MA DCF annual report, the Massachusetts Department of Children and Families got 95,661 different 51A reports. 54,347 or 57% of those reports are screened in. MA DCF screened out 41,314 or 43% of those reports. 19,088 (or 43%) of reports that are screened in are unsupported. That means 63% of 51A reports do not lead to supported allegations of the reported adult.
Approximately 10% of child sexual abuse allegations in Massachusetts are false.
How Often Do Reporters Make False Allegations to Child Protective Services (CPS) in the United States?
According to the Child Welfare Information Gateway, in 2018, CPS agencies across the country reported having received 4.3 million reports of child maltreatment. CPS screened in and investigated about 2.4 million of those reports. This means CPS investigated about 56% of all the reports they received. CPS found that about 16% of the reports they investigated found the child were victims of neglect of abuse. The other 84% of the reports were either false reports, or misrepresented.
What if You Don’t Agree with DCF’s Decision to “Substantiated Concern” of DCF False Reports?
If you disagree with a DCF “Substantiated Concern” decision, you can appeal it through the MA DCF grievance process. Only a grievance can resolve a decision of “Substantiated Concern.” Alleged perpetrators cannot appeal a “Substantiated Concern” decision through a Fair Hearing.
When you file a grievance for anything that requires a Fair Hearing, DCF will grant you a Fair Hearing instead. You MUST file a written complaint within thirty (30) days of the date the problem occurred with MA DCF. Include all the facts, evidence, arguments and counter-claims you wish to use.
What if You Don’t Agree with DCF’s Decision to “Support” DCF False Reports?
If you disagree with the Department’s decision to “support” false allegations, you can appeal that decision through a MA DCF Fair Hearing. A “Fair Hearing” is an opportunity for caretakers to challenge DCF’s decisions. The Fair Hearing process ONLY applies to the reversal of “Supported” decisions.
You have thirty (30) days to appeal for a Fair Hearing. A DCF Fair Hearing is heard in front of an impartial third party. This impartial third party is the “fair hearing officer.” The fair hearing officer acts as the “judge” of the hearing. During a fair hearing, parents and caretakers can present their side of the story. They can explain to the fair hearing officer why the allegations against them should be overturned or reversed from “supported” to “unsupported.”
Who Can Help Me Successfully Fight Against False DCF Allegations?
When you hear about the false DCF allegations against you, you should hire an attorney. DCF false reports can destroy lives. Parents may have to serve time in jail. Children, on the other hand, can lose all their family connections forever. The best way to successfully fight against false DCF allegations is to hire a lawyer. Your DCF attorney will help you gather the necessary documents and advocate for you and your family’s needs during the DCF appeal process.
They will also help you to understand what is happening and the process that you are about to go through. Your lawyer should get DCF out of your life without you losing your time, energy, reputation, and most importantly, your children. It’s important to know your parents’ rights against DCF and be prepared for the DCP investigation process.
If 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.