Appealing DCF Allegations: What to Expect for a DCF Fair Hearing and Grievance?
Appealing DCF allegations is a tough task. A client can be unsatisfied with the Massachusetts Department of Children and Families (MA DCF). The client can share their concerns at a formal or an informal hearing. The formal hearing is called a Fair Hearing. This hearing helps the client share their position. They will get a fair and impartial hearing from a Hearing Officer. The informal hearing is called the DCF Grievance Process. The grievance process is for minor complaints. It can also challenge a substantiated concern outcome of a DCF investigation.
What are the Reasons For a Hearing in Appealing DCF Allegations?
When DCF gets a report of abuse or neglect, whether through the hotline or one of its regional offices, it starts an investigation. After the investigation, DCF may think there is cause to believe that the abuse or neglect occurred. If they believe this, decide the result of the allegations. This can either support or substantiate them. When DCF supports or substantiates the allegations against you, they must inform you via letter.
The notice must include:
- A short and simple description of the conclusion of the case
- Notice that DCF will place the individual’s name on the DCF Central Registry unless he files an appeal
- A description of the potential consequences of your name on the registry, which includes getting or keeping a job that involves direct contact with children
- Information about their right to bring an administrative appeal
- A form he can sign and return indicating whether he intends to file an appeal.
What is a DCF Fair Hearing?
After getting a notification of the result, the subject of the investigation can request a review of the investigation results. Once the accused parent or caretaker gets the results of the investigation in writing, they have 30 days to request a hearing. When the agency gets a notice that the accused has requested a hearing, they must do a pre-hearing review to determine if the case should go any further.
DCF may not think the charges were correct, if so, it may reverse the substantiation recommendation. The case will not go any further, and the accused will be notified. If not, then the agency assigns the case to a hearing officer and the accused is notified. The court should appoint an attorney to you if you cannot afford one.
What Is the DCF Fair Hearing Officer Responsible For?
The fair hearing unit has 65 business days from the date that DCF collects the hearing request to schedule it. The hearing officer’s duties include:
- Administering oaths and affirmations
- Conducting the hearing
- Requiring the production of records, physical evidence, and papers and documents
- Subpoenaing witnesses
The hearing officer may postpone a hearing. They will if there is reason for doing so and they have reasonable notice. They can uphold DCF’s supported finding if the accused person does not attend the hearing.
What are the Polices of Fair Hearings for Appealing DCF Allegations?
Evidence
The burden of proof rests with DCF. The Department must show exactly why they supported the allegations. The standard of evidence at a Fair Hearing is “preponderance of the evidence”. All parties can present both oral and documentary evidence at the hearing. Oral evidence is the same thing as testimony or testifying.
The child who is the subject of the investigation cannot testify. Anyone can request witnesses who can help strengthen their case to testify through a “subpoena”. These people can be DCF workers or people within the community. Each party also has the opportunity to question witnesses.
Written evidence such as documents can be evidence too. If the originals are not available, you can submit a copy, and it will still be reliable evidence. The parties can also request an opportunity to compare the copies to the originals. All parties and their attorneys may examine all before parties submit the evidence to the hearing officer.
Length of Hearing
The hearing will last for 2 hours. More time will be given by the hearing officer if necessary. You can ask for an additional date to present more evidence. The hearing officer will decide if it’s necessary to allow that request.
What is the Fair Hearing Decision?
The hearing officer looks at all the documents submitted into evidence. Then, they listen to the recording of the hearing. Finally, they prepare a written decision after the hearing ends. The supervisor or the director of the unit will review all of the evidence. After 60 days, you get the results from the hearing.
The court will give those results through the mail to you. Furthermore, the attorney that was present will also get the results from the hearing. A hearing officer can flip the DCF decision. If this happens, it means the hearing officer found that DCF broke their rules. It could also mean DCF wasn’t fair to the appellant.
How Do I Go About Appealing DCF Allegations in Court?
An appellant who disagrees with the outcome of a Fair Hearing can file another appeal against DCF in Superior Court. But this time, only materials in the hearing record can be evidence. So evidence includes:
- Letters or notices related to the case;
- All petitions, pleadings, motions, and intermediate rulings by a judge;
- Questions, objections, and rulings of the case;
- The official recording of the proceedings; and
- The final decision.
Kevin Seaver is a trusted Massachusetts DCF lawyer specialized in DCF law 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.