What Mistakes do Parents Make in Their MA DCF Assessment?
Even if you think you are safe after a Department of Children and Families (DCF) Investigation, there are major mistakes you could still make. What happens after the investigation depends on what kind of investigation The Department conducts. There are two types of investigations: emergency and non-emergency investigations. The outcomes could risk the custody of your child.
What Happens in An Emergency Investigation?
The first type of investigation is called an emergency investigation. It means DCF believes your child is at immediate risk. As a result, there will be an emergency response. The investigation will begin immediately after filing the 51A report. A home visit will occur within two hours. The investigation will be complete within five days. The Department can remove the children under an emergency investigation without a court order.
Know your rights. You can have a hearing within 72-hours of DCF taking your child. You can defend yourself and argue against the removal of your child. During this hearing, the court will determine if your child should be put into custody of DCF, foster care, or put up for adoption. Sadly, because of court scheduling and outside influences, some parents do not get the hearing within 72-hours.
The court will appoint you a free lawyer if you cannot afford one.
What Happens in a Non-Emergency Investigation?
If The Department determines that a report requires a non-emergency investigation, the child’s life or wellbeing is not at immediate risk. The investigation will begin within three business days of the report. The investigation will conclude within fifteen working days.
DCF will interview everyone in relation to the incident that led to the 51A report. The investigation must include visits to the home and contacting people who can corroborate or disprove evidence that support the allegations against you.
What Are The Outcomes of an Investigation?
When the investigation is complete, there are four outcomes:
- Unsupported allegations: There is no belief that the allegations against you are true. They do not believe the claims of abuse or neglect of your child.
- Substantiated Concern allegations: The Department believes you may be guilty of the allegations against you but does not have enough evidence to decide.
- Supported allegations: The Department believes the allegations of child abuse against you are true. DCF closes the case, puts your name on the Central Registry of Alleged Perpetrators, and may take your children away from you.
What Can You Do If You Do Not Agree With The Decision?
After your investigation, you will receive a letter showing the decision. You can appeal this decision at a fair hearing. You can request a fair hearing within 30 days.
In your letter requesting a fair hearing, include:
- Your name
- The names of your children
- The decision you wish to appeal
- The date the decision was made
You should send the letter to the DCF Fair Hearing Office. You can send the letter by mail, email, fax, or phone. Do all four to ensure you are approved for a fair hearing. The following is where you should send the letter:
MAIL: The DCF Fair Hearing Office at 600 Washington Street, 6th Floor, Boston, MA 02111
EMAIL: [email protected]
FAX: (617) 748-2062
PHONE: (617) 748-2030
If you would like to challenge the finding of substantiated concern, you have 30 days to appeal.
What is a MA DCF Family Assessment?
If The Department supports your case or the allegations are a substantiated concern, they can continue involvement with the family through the family assessment. The purpose of the family assessment is for DCF to connect the family to services that will help them.
During the assessment, social workers visit your home to check if the home environment is safe for your child and conducive to your child’s growth. The Department may interview your neighbors, your child’s caretakers, and your child during this time. This assessment may feel intrusive and like it will never end.
They can use anything you say or do during this home visit against you. Your DCF attorney can prepare you before this home visit and brief you on what you should and do. Your attorney can be present with you during your home visit. After the assessment, your case can close or will stay open.
MA DCF may try to take custody of your child or place your child in foster care during the family assessment. They may try to get you to sign a voluntary placement agreement where you voluntarily give up your parental rights and agree to place your child into temporary custody of The Department.
Though The Department does not always take custody of children, it is important to understand exactly what you are signing. An experienced DCF attorney can guide you through any documents they ask you to sign during this stressful time.
How Do I Know When My DCF Investigation Ends and When My Family Assessment Begins?
You will know that your investigation ends and that your family assessment begins when the following happens:
- The Department assigns a different social worker to deal with your family
- You receive the letter of DCF’s decision supporting abuse or neglect or claiming that the allegations are of substantiated concern.
- You receive the letter notifying you may appeal the decision in a fair hearing.
Be on guard when involved with DCF. It is crucial that you receive the letters that they promise to send you. Sometimes, DCF cannot communicate with clients. Clients may not receive the letter notifying them of their decision before starting their assessment. The Department sometimes fails to provide clients with the letter notifying them of their right to a fair hearing. Do not let them violate your legal rights.
What Happens After The Family Assessment?
At the end of the 45 days of your family assessment, DCF can do two things. They can either close the case or keep the case open. Then they will make you sign an action plan. If they close the case, it means they will not be involved in your family’s life so long as you adhere to the action plan you agree to.
What Is An “Action Plan”?
A DCF action plan is a contract they make parents sign. The action plan includes the services you will receive. It is important to follow this action plan or you may risk the custody of your child.
An action plan may include going to counseling and making sure your child completes their homework.
Parents often feel trapped by a DCF action plan because the plan is not unique to your family’s needs. DCF should sit down with you after the assessment and create the action plan with you to tailor it to your specific family situation. Unfortunately, this does not always happen. Parents often find themselves unable to follow through with the contents of the action plan.
Parents are within their rights to speak to the DCF social worker for their family and change the action plan.
To avoid risk, speak to an experienced DCF attorney before you sign an action plan or any contract with DCF.
What Steps Should I Take During a Massachusetts DCF Assessment?
Hire an experienced DCF lawyer to advocate for you during the MA DCF assessment. Recognize that if you beat criminal charges, it doesn’t mean you beat civil charges with DCF. Keep in mind that DCF requires less evidence than criminal courts do. This means that DCF can continue to support allegations against you after the assessment without a lot of evidence.
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.
