Will MA DCF Child Abuse Allegations Go Away If You Simply Ignore them?
The short answer is NO! Unfortunately, ignoring DCF child abuse allegations by the Massachusetts Department of Children and Families (MA DCF) can only harm your case. This may not be easy for you to hear, but you have to deal with the allegations. There are serious consequences to ignoring the DCF allegations. Failing to take action to address the allegations can result in arrest, job loss, and the removal of your child to foster care. You must have a plan for how you can protect your family and how you can fight the allegations against you when you are in a situation with DCF. It is important to take immediate action. DCF is the government with enormous powers. They have the power to terminate your parental rights and break your family apart. You must hire an excellent MA DCF attorney so that you get rid of the DCF allegations against you.
Why Would MA DCF Take Your Child If You Ignore Allegations?
DCF can take your child if you ignore the allegations because they can argue you are refusing to cooperate with them. When you pretend like the allegations do not exist, then you cannot prove you are innocent. Instead, DCF can say you refused to cooperate with them. To dismiss a child abuse allegation is to ignore the needs and the importance of keeping your child Ignoring allegations may lead DCF to assume you’re hiding child abuse or neglect, risking consequences. Once DCF begins its investigation of your family, the case will remain open until it is supported or unsupported. The best and most vital action to take is to hire a MA DCF attorney. Hiring an experienced lawyer can help fight allegations and keep families together efficiently.
Yes, there are times when ignoring DCF allegations of child abuse can land you in jail. MA DCF is not allowed to file criminal charges against you or arrest you. But they can always send your information to the police, District Attorney’s office, or other law enforcement agencies that do have the power to arrest you and file criminal charges. If MA DCF supports a report of sexual abuse, serious injury, or death, the law requires them to notify the District Attorney of the report. In other words, the District Attorney has the power to file criminal charges for some of DCF’s accusations. So, when you ignore sexual abuse or physical abuse allegations, there is a possibility that you can be arrested just because you did not try to protect yourself.
Is it Better to Completely Ignore the Allegations or is it Better to Tell DCF Too Much?
You may already know this if you’re thinking about ignoring DCF’s allegations, but whatever you tell DCF is not confidential. So parents and caretakers must be extremely careful in deciding what to tell DCF when they come to interview. DCF does not care about parents or caretakers; they only care about children. So when DCF comes out to your home during an investigation, they are looking for anything they can use for evidence that you are abusing or neglecting your child. Or, DCF can misunderstand or misinterpret you and end up using your words against you in court.
The fact that DCF can use what you say against you leads some parents to think it is better not to tell DCF anything. They decide to hope the allegations just go away. But on the flip side, ignoring the child abuse allegations means you are ignoring your child’s health, well-being and welfare, at least in DCF’s eyes. It could also mean to DCF that you are actually guilty, and you are admitting to your guilt by ignoring the allegations. So DCF is likely to support the allegations on the grounds that you did not deny anything they accused you of. Understandably, these tough times can be challenging for you and your family. You may be ignoring the allegations because you simply don’t know what to do. An experienced MA DCF attorney can help you. A good lawyer will make the whole process easy for you and your family. And, cooperating with an attorney during this time proves you will do what it takes to keep your child out of foster care.
What to do When You Disagree with a DCF Decision?
You only need to worry about the allegations against you when DCF decides the allegations are “substantiated concern” or “supported” A substantiated concern decision indicates DCF’s doubts without sufficient proof of alleged wrongdoing. Substantiated concern decisions can eventually turn into supported decisions. Supported decision: DCF found evidence of child abuse or neglect, suggesting guilt.
When you disagree with a DCF decision, you should do a number of things. First, you should try to work it out with your social worker and their supervisor. Respectfully request to have a meeting with them and calmly discuss the issues you have with this decision. If that meeting does not go in your favor, you can appeal the decision to DCF higher-ups. There are two (2) types of appeals processes for parents and caretakers: the Grievance Process and the Fair Hearing. When you want to challenge DCF’s decision to substantiate concerns against you, you must file for a Grievance. To challenge all other decisions, including “supported” allegations, you would have to follow through with a Fair Hearing. If you successfully go through these appeals processes and convince the DCF higher-ups that the allegations against you are false or unwarranted, you will get the allegations off your record.
How to Get Rid of the DCF Allegations?
To get rid of the DCF allegations, you first have to wait for DCF to finish their investigation. Only supported allegations can go on your permanent record, but DCF can stay in your family’s life for a long time if the allegations are substantiated concern. You can appeal supported decisions through a Fair Hearing. A DCF Fair Hearing is an opportunity for parents to tell their side of the story. During the hearing, the parents can argue against certain DCF decisions and actions with the help of a lawyer. You can request a fair hearing if you:
- Want to appeal a supported decision
- Did not receive notice about any services that DCF reduced for you
- Want to get your name off the “Registry of Alleged Perpetrators”
- Think DCF did not follow their own rules which caused substantial harm to you
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.