With A DCF Investigation, Do You Think You Have Nothing To Hide? WRONG

With A DCF Investigation, Do You Think You Have Nothing To Hide? WRONG

I often ask my clients, “Why did you let the Massachusetts Department of Children and Families (MA DCF) in your home and talk to them?” They reply with, “Well, I had nothing to hide, Kevin.” This is one of the first mistakes that you can make with DCF. You can easily avoid this with some knowledge what information to share and what not to share with DCF.

How Do I Interact With DCF During An Investigation?

To interact with DCF during a DCF investigation, the best thing you can do is prepare. Preparation means knowing what to say and what to avoid saying to DCF. You may believe that you can do it on your own. But if you have never interacted with DCF in the past, especially during an investigation, then you may not know exactly what to say and do during your interactions.

What is DCF’s Agenda?

When interacting with DCF, you should remember that DCF is a government agency. Their sole duty to protect children and do as necessary to do just that. As a part of the government, with a budget of over $1 billion dollars, they have the ability to take actions in favor of protecting children. DCF has the means to do what they deem to be the best decision for a child. Their rules and regulations aim to achieve this objective. DCF must follow the procedures that put the child first, but sometimes disregards the parents. When a DCF social worker comes to talk to your family, they will come with a pre-established list of questions to ask. These questions may be phrased in such a way that the social worker gets the information they want. In other words, the social worker asks the questions that ends up painting you negatively.

DCF social workers are regular people, just like you. And just like regular people, they come with biases that may not always be positive ones. Their pre-existing

 biases that may come from reading the 51A Report. This 51A Report may have painted your family in a negative light which the social worker wholeheartedly believes. 

Why Do You Not Want to Speak With DCF?

Just like any part of the government, DCF takes what you say and documents it, which can be used against you. To avoid DCF using anything you say against you, just stay silent. DCF will keep a close eye on everything you do in front of them. They can even monitor your behaviors and expressions throughout your interview. Remember, DCF is not your friend, and you must act accordingly with all your interactions with them. You want to ensure that your behaviors and expressions are up to standard with what DCF is checking off for their criteria. Above all, you want to work with DCF and not against them to ensure the best probable outcome for your children’s safety and your family’s longevity. Just like with any government agency, you have the right to plead the fifth. This is one of the first things that you should do to ensure that nothing you say will incriminate you to DCF. After that, the next thing that you should do is to contact your lawyer immediately. Your lawyer has the expertise to know exactly what to do and how to do it. Not speaking initially with DCF is the best thing that you can do, as any and everything that you say might not be entirely correct. When DCF comes, and we have not spoken with them before, you may get the feeling of over-explaining. This may lead you into some trouble, as the over-explaining may be inaccurate statements in an attempt to look good in front of the social worker.

What if I Mistakenly Say Something Wrong to DCF During the Investigation?

You may believe that you have nothing to hide and tell them 20 things about the situation. But the 21st thing you tell them could be a slight exaggeration which will end up hurting you. Once you slightly exaggerate that 21st statement, DCF will disregard all the previous 20 things you said even if they were all true.

Because of that 21st thing, all the positive things that you previously discussed won’t see the light of day. It will be the. Negative Nancy’s and the Danny Downers of social workers who report these things. The good social workers believe that family comes first. The bad ones are who you have to watch out for. One thing that many people will do when DCF comes to their home is to let them in as they believe they can handle the conservation as they have nothing to hide. Huge Mistake!!! What you may not know is that if this is your first time interacting with DCF, then you are probably not good at it. Interacting with DCF can be like riding a bike, you get better with practice. With the more practice interacting with DCF that you have, the better that you can be when they approach you. Everyone makes mistakes, and DCF is no different. They may misstate and misrepresent your actions in a negative light. This paints you in a light that you may not have intended it to be. We want to avoid this every way possible. One way to avoid this is to prepare.

How Can You Prepare Yourself For a DCF Investigation?

Firstly, you want to do is keep your mouth shut. What you say can always be used against you. Secondly, you should speak with an experienced DCF lawyer. Your lawyer will work with you to create a simple, easy, step-by-step guided plan for their visit. Some other things to do to be successful is to know what questions DCF will ask you. This means expecting what they may ask and what documents they may need to bolster your oral statements. Some documentation you may want to prepare include school transcripts and medical documents for your children. Medical documents would be dental records, psychiatric records, and pediatric records. Having the assistance of a lawyer would be most favorable to guarantee that all documents are present and useful. Having the proper documentation, along with a step-by-step plan, can prove that the allegations are false. This applies to your children as well.

How Can You Prepare Your Children For a DCF Investigation?

One mistake that many people make is allowing DCF to interview their children alone. You should try to avoid this at all costs. A child’s memory, cognitive flexibility, and self-control are still developing.

A child’s ability to tell the truth and understand the truth from a falsehood, can be very difficult to determine. These things are important, as children are the focal point of the investigation that relies on their testimonies.

So, a child’s statements are not necessarily reliable, especially the younger the child is. Children should have the support they deserve during the investigations. Support could be a parent being alongside the children throughout the process. A parent with their children at all times assures the child is better suited in an unfamiliar environment.

Many times, children are thrown into situations that they may not understand the significance of. With the proper guidance and aid that every child needs and deserves, the child will be better suited in this unfamiliar environment. These actions also guarantee that your children’s constitutional rights are not violated.

 

 

Kevin Seaver is a trusted Massachusetts DCF Lawyer Specialized in DCF since 1991.

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.