DCF will come out with what’s called a “Parent Pamphlet” and in that pamphlet, they will advise you that it is your constitutional right to have an attorney present at any time and you should exercise that. If DCF is telling you that you need an attorney, listen carefully to them.
Any other hearings regarding the issues in the case may be determined at this time. The next hearing will most likely be an “arraignment” hearing. Prior to the arraignment date, DCF will file a Petition for Dependency that states the allegations that brought the case before the Court.
Expect that it will take a bit of time for your new lawyer to get up to speed on the case and that you will be billed for this time, if the new lawyer charges by the hour. Clients who change lawyers more than once often find they have increasing difficulty finding new lawyers to take the case.
How quickly DCF responds is based upon the severity of the allegations of abuse or neglect. Emergency Response – DCF will assess child safety within 2 hours, visit and interview family within 24 hours, and may take up to 5 business days to complete other response activities and the report
How long is an investigation? The investigation regarding your child is required to be completed within 60 days, except in cases involving a child death, missing child, or when law enforcement has an open criminal investigation.
How Long Does a Connecticut DCF Investigation Last? A Connecticut DCF investigation must be closed within 45 days. These cases are concluded with DCF either substantiating or unsubstantiating the allegations.
within 15 business daysThey have 24 hours to screen-in the report as a non-emergency response. After that, they have two business days to begin the investigation and must complete the DCF investigation within 15 business days.
At the end of the assessment, the Massachusetts Department of Children and Families (MA DCF) will review their original “supported for abuse/neglect” decision. After the forty-five (45) days of the assessment, DCF can do three (3) things: keep the case open. close the case and overturn the allegations.
The ability to sue Connecticut DCF may be just a little easier now. Or at least the claim will be processed faster. DCF as a state agency is generally immune from liability and from lawsuits. Therefore, a person or family injured or damaged by DCF must request permission from the Claims Commissioner to sue DCF.
“You have the right to have any person of your choosing (such as a friend, relative or clergyperson) present during meetings with DCF unless a court order forbids the involvement of that person.”
Yes, in certain situations you may be able to sue the Department of Children and Family Services (DCF). You would need to show either that DCF violated your civil rights or was grossly negligent. This is hard, but not impossible, to do. These cases are more complicated than your typical personal injury case.
MA DCF has an “Office of the Ombudsman,” which is supposed to help parents who feel the Department treated them unfairly. The Ombudsman's Office can work with you and your local MA DCF office to solve problems. You can reach the Ombudsman's Office on their website or dial (617) 748-2444.
A “substantiated concern” is a way for DCF to stay involved with a family. DCF's ongoing involvement with the family includes home visits with a social worker and talking to other family members. A substantiated concern is not the same as a supported decision.
Linda SpearsCommissionerAndrea GrossmanDirector of Public AffairsSharon SilviaDirector of AdoptionMiriam VazquezAccounting/Bill PayingEmily HajjarLegislative Director10 more rows
The best way to successfully fight against false DCF allegations is to hire a lawyer. Your DCF attorney will help you gather the necessary documents, and advocate for you and your family's needs. They will also help you to understand what is happening and the process that you are about to go through.
PhoneMain Call Massachusetts Department of Children & Families (DCF), Main at (617) 748-2000. ... Auto Attendant Call Massachusetts Department of Children & Families (DCF), Auto Attendant at 617-748-2400. ... Child-at-Risk Hotline Call Massachusetts Department of Children & Families (DCF), Child-at-Risk Hotline at 800-792-5200.
If the Judge sends you to mediation, you most likely have denied the allegations in the petition against you. Mediation is a chance for all of the people involved in the case to sit down with a neutral third person, called a mediator, and try and come up with an agreement that is mutually acceptable and voluntary by all parties. It offers you a chance to discuss your options if you should agree to services. The contents of what will be in the case plan will be discussed, and this discussion and plan will occur based on what is in the best interest of the child. Once the mediation is complete, the mediator will file a report on the overall outcome of the mediation. In some instances, DCF may hold a “Case Planning Conference”.
The Court will hold a judicial review hearing a few months after the disposition in the case. The judicial review is held so the Judge can get an update on the case, review the placement and see how the child is doing, evaluate what services are being provided by DCF and determine if everyone involved is doing what they are supposed to do as agreed upon in the case plan. There may be another future judicial review hearing set at this time.
A case plan puts everyone on notice as to what is required and by whom. The terms of the plan are usually negotiated face-to-face with everyone involved in the case. The agreement will address what tasks need to be met, time frames and other issues like visitation. The Judge will review the case plan and make decisions on any areas of disagreement. If you choose not to be involved in creating the plan, the Court may approve the plan regardless of your lack of participation. Your participation in creating the case plan is very important in resolving the issue that brought the case before the Judge. Lack of participation could lead to a change in the goal or outcome of the case - resulting in long term custody with someone other than the parent, termination of parental rights and possibly adoption by another party.
This is basically the same as a mediation however a certified mediator is not involved . It usually involves just the parties in the case and is set up to discuss and develop a resolution so you may begin working on assigned tasks as quickly as possible. Any discussions that occur during a mediation or case planning conference are private and only those areas written in your agreement or plan are disclosed.
Consent: Does not admit or deny the allegations within the dependency petition but allows the Court to be involved in the decisions made for the family and to go forward with a case plan.
How quickly DCF responds is based upon the severity of the allegations of abuse or neglect. Emergency Response – DCF will assess child safety within 2 hours, visit and interview family within 24 hours, and may take up to 5 business days to complete other response activities and the report. Non-Emergency Response – DCF will assess child safety ...
Reports that do not meet DCF’s criteria of suspected abuse or neglect are s creened-out. DCF will send the family a written notification. The mandated reporter will be sent a copy.
Actions DCF takes when child abuse or neglect is reported . When the Department of Children and Families (DCF) receives a report of child abuse or neglect from a mandated reporter or another concerned citizen, DCF is required to evaluate the allegations and determine the safety of the children.
The purpose of the screening process is to gather sufficient information to determine whether the allegation meets the criteria of suspected abuse or neglect, and whether there is immediate danger to the safety of a child. Upon receiving a report, DCF immediately begins to “screen“ the report .
DCF will determine if there is an immediate concern for child safety, and if a “report able condition” exists (i.e., there is information that a child may have been abused and/or neglected by a caregiver, or that a child may have been or may be at risk of sexual exploitation or human trafficking).
Person believed to be responsible for the abuse or neglect was not a caregiver. DCF Intervention is not needed to safeguard child (ren)’s safety and well-being. DCF does not open a new case but family may apply for DCF voluntary services, or DCF may refer family to community services.
But the problem with DCF is that you got to get them to put it in writing. DCF oral promises aren’t to worth the paper they’re printed on. DCF says that they are going to close the case, don’t bet on that. Don’t wait for them to close the case as this client did.
When that happens to you call me, call Kevin Seaver at 617-263-2633.
What happens next? It depends on what the investigation reveals. If the investigator believes that the report is baseless, then the report is likely to be closed.
What happens if my children are sheltered? Then you now part of a "dependency" case and you should seek out the services of an attorney familiar with such cases. Certain rules and statutes apply to these types of cases, and certain divisions within the court system handle such cases.
Other Considerations This guide in no way covers every situation, scenario, or circumstance. It is intended only as a general guide. The worst-case scenario for the outcome of a DCF case is the termination of your parental rights, which has often been called the "civil death penalty." Such cases are relatively rare, but do occur.