What Are the Four (4) Outcomes That Can Happen at the End of a 51B Investigation?

There are four (4) decisions Massachusetts DCF can make after completing the investigation:

 This decision is made when DCF finds that the report of abuse or neglect is supported. It’s important for parents to understand their rights in such scenarios, including the dcf appeal process.

·         Massachusetts DCF unsupported, the case goes no further.
·         Massachusetts DCF supports the decision for “Substantiated Concern,” followed by a DCF assessment.
·         Massachusetts DCF supports the diction for abuse and/or neglect followed by a DCF Assessment
·         Massachusetts DCF supports the decision with abuse and/or neglect without a Massachusetts DCF

How Does Massachusetts DCF Reach Their Decision To “Support”?

The Department bases its decision on many factors collected during the investigation, including 
  • Direct disclosure by the child(ren) or caregivers
  • Physical evidence of injury or harm
  • Observable behavioral indicators
  • Corroboration by collaterals (e.g., professionals, credible family members)
  • The social worker and supervisor’s clinical base of knowledge

Does a “Supported Decision” Mean My Name Goes On Massachusetts DCF’s Central Registry?

A supported decision of abuse and/or neglect will result in placement on Massachusetts DCF’s Central Registry.

What is the DCF Central Registry?

The DCF Central Registry is established under MGL Chapter 119 Section 51F. This is a list of names of all perpetrators who have had allegations “Supported” against them for abuse and/or neglect. Only perpetrators who have had their allegations Supported will be added to the Massachusetts DCF Central Registry.
Allegations of sexual abuse get referred to the District Attorney’s Office. 

Does Massachusetts DCF Open Assessments After Every Supported Decision?

No. Massachusetts DCF does not open up every case supported for a DCF assessment. Where an assessment would not be appropriate in situations where the alleged perpetrator does not have a direct custodial role of the child in question. Could be a teacher, coach, nurse, guidance counselor, camp counselor, or even a babysitter who cannot access the child as a “caretaker. These individuals do not live with the child, so family therapy, parent education, or even counseling would not be applicable.

Can I Appeal my Massachusetts DCF Supported Decision?

You have thirty (30) days from the date of the Massachusetts DCF Supported Decision to appeal. The Fair Hearing involves an informal hearing, which generally includes the alleged perpetrator and his/her attorney, the Fair Hearing Officer, and one or more representatives of the DCF regional office that conducted the investigation. Supported allegations of child abuse or child neglect can be reversed ONLY through a Massachusetts DCF Fair Hearing. You have thirty (30) calendar days from the date of your supported decision to file a Fair Hearing. Failing to file promptly may result in the waiver of your legal right to appeal.  You should appeal as soon as you learn of the supported decision. After 30 days, there is no way to reverse a decision. You cannot file a grievance to reverse a Supported Decision.
 

How Do I Request a Massachusetts DCF Fair Hearing? 

Through a formal written request, addressed to the Fair Hearing unit at 600 Washington Street, 5th Floor, Boston, MA 02111, you can initiate the DCF appeal process. This MUST be done within thirty (30) calendar days of the decision.

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.