What Are the Most Important Steps of a Massachusetts DCF 51A Report?
MA DCF Lawyer Attorney Seaver explains below the most important first steps after DCF files a 51A report of child neglect or abuse against you. The Massachusetts Department of Children and Families calls to tell you that they are investigating your for abusing or neglecting your child. You know the accusations are false, but you may be thinking “how can I prove that?”, or “how can I prevent DCF from taking my children away?” These are legitimate questions that parents ask all the time when dealing with MA DCF. Though circumstances and the evidence may change from case to case, a trustworthy, tactical strategy to get MA DCF out of your life without losing your children is something you want to have up your sleeve.
What is MA DCF’s Mission?
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
1. How does the Intake call work?
Before the MA DCF investigation begins, there must be an “intake”. The intake is when a Department 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. But 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 statement describing the potential child abuse or child neglect.
When Should Mandated Reporters Make a 51A Report to DCF?
The following are some examples of when a mandated reporter would report to DCF:
- The child shows signs of sexually abuse
- There are marks and bruises on the child’s body (suggesting physical abuse)
- The child looks like they are starving
- Physically dependent on addictive drugs at their birth
- The child is wearing dirty clothes
- Sexual exploitation of a child
- Human trafficking of a child
- The child is left home alone when they are too young
Under Massachusetts law, the state requires mandated reporters and non-mandated reporters to disclose concerns about potential child abuse and/or neglect by caregivers. If DCF thinks the report indicates a child may be or is at risk of abuse or neglect, the Department must investigate the allegations to determine if they are true.
What Happens During the MA DCF Intake Call?
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 sometimes reports clearly do not fall within the Department’s definition of abuse or neglect of children). 110 CMR 4.20 provides examples of situations that do not constitute abuse or neglect:
- Abuse of young adults (over 18 years of age)
- Elder abuse
- A parent is not letting their teenager go on dates
- There are pornographic pictures of children in a department store catalogue
DCF will file a 51A Report only if the allegations meet DCF’s criteria for abuse or neglect. A child who is bullied at school, for example, would not be a case of DCF child abuse or neglect, because it does not mean a parent or caretaker was abusing or neglecting the child. Understanding who can report you to MA DCF can help prepare you in how to act in certain settings. For instance, it is probably not a great idea to verbally berate your child for not cleaning their room after you asked them hundreds of times in front of their teacher. The teacher may call DCF to say you are neglecting your child’s emotional needs.
2. What Happens During the DCF Screening Process?
The next step of a 51A report is the screening process. In this process, DCF will determine whether to “screen in” or “screen out” the 51A report. DCF decides to “screen in” or “screen out” a report immediately after the intake call. Screening lets DCF analyze whether or not the alleged neglect or abuse is consistent with how DCF defines those terms.
It also helps them understand if they can do anything about the allegations. Remember, DCF can only handle cases where child abuse or neglect was due to a parent or caretaker’s actions. The DCF screening process follows guidelines set forth by 110 CRM 4.21. The Department does not try to find out if the abuse or neglect allegations are true during the screening process.
That is what the investigation is for. DCF only does it to determine if the report meets the DCF definition of abuse or neglect. When DCF screens out a report, the case goes no further. DCF does not investigate the family and the allegations go away. However, if it is screened in, there will be an investigation into the situation, known as the “51B Investigation“. In emergency cases, DCF may remove children from the home.
DCF will “screen in” a 51A report only if the screener determines that a child may have been abused or neglected by someone who was responsible for the child. According to 110 CMR 4.21, a small girl who was raped by a stranger in a vacant lot, is definitely “child abuse”. But DCF would not handle the case because the rape was not by a parent or caretaker. This would be a criminal case only.
3. When Will DCF Do an Emergency VS a Non-Emergency Response?
After DCF screens in a 51A report, they see whether the situation requires an emergency response or a non-emergency response. DCF would do an emergency response when:
- The allegations meet the department’s criteria of child abuse or neglect; and
- The Department feels that the reported child is truly at immediate risk of danger
MA DCF would do a non-emergency response when the allegations meet DCF’s definition of abuse or neglect, but the child is not in any immediate risk of harm by their parents or caretakers.
What Should Parents Take Away From This Post?
The key to minimizing DCF involvement in your and your child’s lives is understanding how DCF conducts its investigations. Understanding this important process will give you a heads up on how you can get MA DCF out of your life in the earliest stages of the DCF investigation. Don’t try to do it yourself. If you do, you risk having allegations of child abuse and/or neglect on your permanent record. Even worse, you risk losing your children to DCF foster care.
Kevin Seaver is a trusted Massachusetts DCF lawyer 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.
