FREQUENTLY ASKED QUESTIONS ABOUT THE DEPARTMENT OF CHILDREN AND FAMILIES, FORMERLY KNOW AS THE DEPARTMENT OF SOCIAL SERVICES

What is the Department of Children and Families?
The Massachusetts Department of Children and Families ("DCF"), formerly known as the Massachusetts Department of Social Services  is the state agency that receives and responds to reports of child abuse and neglect.

What does DCF do when there has been a report of abuse or neglect?
DCF conducts its own investigation into the allegations. After its investigation, the department decides what, if any, services the family needs.

How does DCF usually become involved with a family?
DCF usually becomes involved with a family after receiving a report of suspected abuse or neglect. However, a family may also request voluntary services.

What are the possible consequences of being involved with DCF?
DCF involvement can lead to:

Why does DCF want to talk to me?
DCF talks to caretakers of children whenever there have been allegations of abuse or neglect (a 51A Report) and the report is "screened in."

Who can make a report of child abuse or neglect?
Anyone who believes a child is being abused or neglected can make a report. These reporters are either "mandated" or "non-mandated."

What is a mandated reporter?
A mandated reporter is a professional who has "reasonable cause to believe" that a child under the age of 18 is suffering physical or emotional injury as a result of abuse or neglect.

Mandated reporters include doctors, child care providers, teachers, and others who are required by law to make reports.

A mandated reporter MUST file a report with DCF if he or she has reason to believe that abuse or neglect has occurred. For example, if your children often arrive at school late or fall asleep in class, their teachers might suspect that they are being neglected. A pediatrician might notice signs of malnourishment or an untreated illness that should have received attention long ago. A police officer might see young children on a playground after dark with no adult supervision. Or, a day care provider might see unexplained bruises when changing a diaper. All of these persons would be required to file a 51A report with DCF.

What is a non-mandated reporter?
Non-mandated reporters are generally non-professionals who are not required by law to make reports. These individuals could be neighbors or relatives who have concerns about your children.

Can I find out who made the report?
No. The name of the reporter is kept confidential.

Do people have to leave their names when making an allegation of abuse or neglect?
No. Mandated reporters will leave their names, but DCF accepts anonymous reports. Whether the caller identifies himself/herself or not, DCF is obligated to take the report.

What is in the 51A report?
The 51A report will contain detailed information regarding you (as caretaker of your children), your children, how they were allegedly abused or neglected, and information about any other children and family members in the home.

What is a "caretaker"?
A "caretaker" is not limited to a parent or guardian. A caretaker is anyone who has responsibility for a child's health and welfare. This means that a caretaker could also be a child's grandparents, babysitters, even teachers, school bus drivers, and camp counselors.

What does it mean when a 51A report is "screened in"?
A "screened in" report means that DCF believes that some abuse or neglect by a caretaker may have taken place.

What happens if the report is not screened in?
The report is "screened out," and no further action is taken by DCF.

What happens when a report is screened in?
DCF will assign a social worker (the 51B investigator) to investigate the allegations. The 51B investigator's approach to the investigation will depend upon whether the 51A report was screened in as an emergency or a non-emergency.

What is an "emergency"?
When a report is screened in as an emergency, it means that DCF believes there is a threat of immediate danger to the life, health, or physical safety of a child.

What will the 51B investigator do during the investigation?
The 51B investigator may visit your home and talk to you, your children, and other collaterals (e.g., pediatrician, teachers, after school programs, etc.) to try to determine if there is reasonable cause to believe that abuse or neglect has taken place. The 51B investigator may take your children for a medical examination.

How long does the 51B investigation take?
When a 51A report is "screened in" as an emergency, the investigation begins immediately. The 51B investigator views the reported child and any other children in the home within 24 hours. If, after viewing the children, DCF determines that the children's condition presents an emergency, the report is completed within 24 hours. However, most reports are non-emergencies, which means that DCF has three days in which to view the children and ten calendar days in which to complete the 51B investigation.

How will I know when the 51B investigation begins?
The 51B investigator usually contacts you by phone to set up an appointment to meet. However, there have been instances where the alleged perpetrator was unaware that he or she was the focus of a 51B investigation until that person received the letter stating that the 51A had been supported.

What should I do if the 51B investigator contacts me?
Once DCF contacts you, immediately call an attorney.

Is it okay to speak to the 51B investigator?
Yes. If you do NOT speak to the 51B investigator, DCF can go to court to seek immediate removal of your children from your home.

What should I do to get ready for the 51B investigator's visit to my home?
You should make sure that you have food in your refrigerator and cupboards and that your home is neat and clean.

How should I behave while the 51B investigator is in my home?
Treat the 51B investigator as you would any guest to your home: that is, with politeness and courtesy.

What must I tell the 51B investigator?
You do not have to tell the 51B investigator everything about yourself and your family's life. You should only answer questions related to the allegations in the 51A report. Think about your responses to the 51B investigator's questions before you answer them. You do not want your statements to be misunderstood.

The 51B investigator wants me to sign a release so DCF can talk to "collaterals." Should I sign it?
During the 51B investigation period, releases are not necessary. Nevertheless, a release is a very important document that should be reviewed by your attorney before you sign it. Never, under any circumstances, sign a blank release that can be filled in later.

What should I say to the 51B investigator who wants to know why I got an attorney?
Do not be intimidated if the social worker asks, "Why do you think you need an attorney. . ." leaving the rest of the question, ". . . if you didn't do anything wrong?" unspoken. As an informed consumer, you know that you must take any steps necessary to safeguard your legal rights. The social worker has not read you your Miranda rights - although information gathered during the 51B investigation can be used against you if DCF decides to refer the matter to the District Attorney, which can be done at any time.

How can I be sure that the 51B investigator will contact people who know me well?
You can't, really. DCF has broad discretion in deciding which collaterals they contact and which they don't. The 51B investigator may decide he or she has enough information to support or unsupport the 51A based just on seeing your children and speaking to you. However, you can provide the 51B investigator with a list of names, addresses, and telephone numbers of professionals and family and friends who know you and your children well.

How will the 51B investigator decide whether to support or unsupport the report of abuse or neglect?
The decision is based upon the information collected during the 51B investigation and input from the 51B investigator's supervisor.

I do not abuse my children, but DCF supported the 51A report anyway. Why did the 51B investigator make such a bad decision?
Like all human beings, social workers make errors. The social worker may have been inexperienced and decided to err on the side of caution. It is also possible that the social worker decided to support the report based on the reporter's statements, and nothing you could have said or done would have changed that. Some social workers do not take accurate notes and do not ask enough questions to elicit important information. The social worker, who has not seen you or your children under any other circumstances, may have had to form a judgment based on a short period of time spent in your home under very stressful (for you) circumstances.

APPEALING ALLEGATIONS OF CHILD ABUSE OR NEGLECT
I just got a letter saying that DCF had reasonable cause to believe that I abused my children. What is "reasonable cause to believe"?

According to DCF regulation 110 C.M.R. 4.32(2), "'Reasonable cause to believe' means a collection of facts, knowledge or observations which tend to support or are consistent with the allegations, and when viewed in light of the surrounding circumstances and credibility of persons providing information, would lead one to conclude that a child has been abused or neglected."

What can I do now?
The support letter will tell you that you have 30 days from the date of the letter to appeal the decision to support. The letter notifying you that the 51A report was supported will spell out exactly what you need to do to appeal the decision. You will need to write a letter to the Fair Hearing Office of the Department of Children and Families, 24 Farnsworth Street, Boston, MA 02210, stating your name, address, and telephone number, the address of the DCF office that supported the 51A and the allegation made, and include a copy of the support letter. Ask for a Fair Hearing.

Do not believe the social worker who tells you that "You can file for a fair hearing, but you shouldn't bother, because nobody ever wins." You should file for a fair hearing to preserve your rights, whether you decide to go forward with it or not. People DO win at fair hearings. And you should not be taking legal advice from a social worker who should not be giving it.

Who can appeal a supported 51A?
If there has been a supported report of child abuse or neglect against you, you have the right to ask for a Fair Hearing.

What is a Fair Hearing?
A Fair Hearing is an administrative hearing held by a Fair Hearing Officer (a person employed by DCF whose sole responsibility is to conduct Fair Hearings) in the DCF office that supported the 51A report.

Can I have an attorney with me at the Fair Hearing?
Yes. In fact, it is strongly recommended that you hire an attorney experienced at Fair Hearings. Retaining an experienced attorney will give you a better opportunity to challenge the support decision and to protect your legal rights.

Can having an experienced attorney really make a difference in the outcome of the Fair Hearing?
You told your story to DCF once and it issued a decision against you. If you go to the Fair Hearing alone and tell the same story again, the result will most likely be the same. Don't go it alone.

On your behalf, an experienced attorney can request 51A reports and 51B investigations; conduct a thorough investigation of the allegations; retain expert witnesses to testify on your behalf; make motions to admit or limit evidence; subpoena all necessary documents and witnesses; present and cross-examine witnesses; and write Findings of Fact and Conclusions of Law for the Fair Hearing Officer. All of these can mean the difference between a successful outcome and an unsuccessful one.

Who will be at the Fair Hearing?
The Fair Hearing Officer; you, of course, and your attorney; someone from DCF with the knowledge to testify about the case; and any witnesses called. You have the right to bring other witnesses with you. The Fair Hearing Officer swears in all witnesses.

Will the 51B investigator be there?
The 51B investigator should be subpoenaed to ensure his or her attendance at the Fair Hearing.

How long will it take before I know if I have been successful?
The Fair Hearing Officer will issue a written decision which follows specific DCF guidelines. The Fair Hearing Officer's decision is to be issued within 45 working days of the close of the Fair Hearing evidence. However, the Fair Hearing Office is short of staff and getting a date for a Fair Hearing and getting the Fair Hearing Decision are taking much longer than usual.

What if I decide not to pursue a Fair Hearing? How could this affect me?
The most immediate consequence is that your name will be placed on the Department of Children and Families' Registry of Alleged Perpetrators in the Department's Central Registry for a period of 75 years.

There are other possible far-reaching consequences: termination of parental rights; adoption of your children; and limited future employment in certain fields.

Yes. If the Fair Hearing Officer rules in favor of the 51A being supported, you can appeal to the Massachusetts Superior Court.

Now that the 51B investigation is over and DCF has supported the 51A report, there is an assessment worker in my family's life. What is an "assessment worker" and why is he/she here?
An assessment worker is the social worker who will interview you regarding your personal, medical, educational, family, and marital histories. The assessment worker is supposed to determine what services, if any, DCF can provide to your family.

How long does the assessment take?
The full assessment must be completed in 45 working days.

What happens at the end of the assessment period?
After the assessment is completed, a written "assessment" document will be written by the social worker. The assessment should contain information regarding your family's home environment, finances, functioning, and an evaluation of the family's general situation. The assessment worker and his or her supervisor will decide whether your case is to remain open or be closed.

If your case remains open, the assessment worker and supervisor will determine who in your family will receive services and who will be included on the service plan.

What is a service plan?
A service plan is a detailed list of tasks for you to complete and a list of services to be provided to you. Your tasks may include, among other things, to obtain psychiatric, psychological, educational, medical, dental, or social services, including individual and family therapy, requiring you to attend parenting classes, and allowing the DCF social worker into your home on a monthly basis. If your children are in foster care, there will be tasks for the foster family. There will be tasks for DCF (usually: to provide referrals as necessary; to visit you once a month).

Who receives a service plan?
Every family receiving services from DCF must have a service plan.

I have had a service plan for quite a while, but now the social worker tells me I need a new one. Why am I getting a new service plan?
DCF is required to provide a new, written service plan whenever there has been a change in the goal of a plan. DCF may also want to update an existing service plan, even if the goal is unchanged. In fact, you should get a current copy of the service plan every six months.

Should I sign the service plan?
The service plan is a very important document. You should consult your attorney before you sign it. Once you have signed the service plan, get a copy. If only the social worker's copy is available, you should initial and date each item with which you agree.

What can I do if I don't agree with the service plan?
You can seek a review of the service plan by using the Department's grievance procedure. Ask the social worker to explain the grievance procedure to you. Do not sign the service plan; instead, give a copy to your attorney.

The social worker told me that I must sign the service plan. Shouldn't I sign?
Explain to the social worker that before signing any document that DCF gives you, you want to communicate with your attorney. The service plan is a very important document, and you must protect your legal rights.

My service plan says that I need to attend parenting classes. My social worker has not referred me to a class yet. I found a group myself, and the intake worker said I can start right away. Is it okay to join the group?
Yes. If you can find a group to suit your needs and your schedule, take advantage of it. Let your social worker and your attorney know you have joined the parenting group. Follow it up with a letter that should go into your DCF file.

How often should I speak to my social worker?
Every case is different, but generally speaking, you should communicate and meet with your social worker a minimum of once a month.

What should I do if my social worker doesn't return my calls?
Leave messages for your social worker and write down the dates, times, the name of the person with whom you left the message, and the subject of your message. After a reasonable period of time, contact your social worker's supervisor. If you still receive no response, contact your attorney. You may want to think about writing a letter to your social worker, with a cc to the supervisor, documenting your attempts to reach them.

What is "custody"?
Custody is the right to decide where your children live, go to school, who provides your children's medical care, and who visits your children. It also includes the right to grant permission for a child to marry, go into the military, and enter into contracts.

Can DCF remove my children from our home?
Yes. DCF can decide at any time that your children are unsafe in your home and can remove them.

How does DCF seek custody of my children?
There are two ways DCF can seek custody of your children - as an emergency or as a non-emergency. If DCF believes your children are suffering from serious abuse or neglect or are in immediate danger of serious abuse or neglect, DCF can immediately remove your children and must file a Care and Protection Petition with the Juvenile Court that day or, if the court is closed, on the next working day. In a non-emergency situation, DCF can allege that your children are without necessary and proper physical or educational care, or discipline; that your children are growing up under conditions or circumstances damaging to their sound character development; that your children are without the proper attention of a parent or guardian; or that you, as parent or guardian, are unwilling, incompetent, or unavailable to provide the necessary care, discipline, or attention. A non-emergency removal happens in cases where a 51A report alleging abuse or neglect has been filed and the family declines or is unable to accept or to participate in services offered by DCF.

DCF removed my children from our home. What rights to I have?
Within 72 hours of the removal of your children, you, as parent or guardian, have the right to go into court and ask that your children be returned to you. This is the "72 Hour Hearing."

What happens at the 72 Hour Hearing?
The Department of Children and Families must prove by a fair preponderance of the evidence that it was justified in removing your children because it was "necessary to protect the child[ren] from serious abuse or neglect."

The judge may do one of four things: dismiss the petition; allow the petition to go forward and leave custody of the children with you; allow the petition to go forward and leave custody with a family member or family friend; or grant custody to DCF.

What happens after the 72 hour hearing?
In every case where the Care and Protection Petition goes forward, a Court Investigator will be appointed by the court to investigate the facts that led to the care and protection petition. The Court Investigator will file a report with recommendations to the court before the next scheduled hearing, the pretrial conference.

What will happen at the pretrial conference?
The pretrial conference is a court hearing where the parties may exchange witness and exhibit lists and have motions heard pertaining to discovery. The next scheduled hearing can be the initial hearing.

What is the initial hearing?
The initial hearing is where the Department of Children and Families has the burden of proving by clear and convincing evidence that the parents are unfit. If the department's goal for your children is adoption, DCF will tell the judge that adoption is in the best interests of the children and ask the judge to terminate your parental rights. The judge will then determine your fitness or unfitness as a parent.

I have to go to court because DCF wants to remove my children from my home. Will the judge let my sister take them?
The judge may allow your sister to have custody if she does not have a criminal record or any person over 18 with a criminal record in her household; if she has no prior DCF involvement; and if she has adequate space in her home and is willing and able to take care of your children. You should also find as many relatives or friends as possible who are willing to take your children if the judge does not approve your first choice.

If a relative or family friend can't take my children, is foster care with a stranger really so bad?
No one can love your children the way you do. A blood relative is the next best thing. National statistics show that children are more likely to be injured or killed in foster care than in the general population. (Specific statistics for the Commonwealth of Massachusetts are not available.)

Many families open their hearts and homes to foster children. However, others become foster parents for the money.

Who are the foster parents of my children?
Like the foster children they care for, DCF foster parents come from all walks of life and all racial, ethnic, economic, and religious groups.

How long will my children stay in foster care?
There is no one answer. It depends on your children's needs and your family's situation.

Who pays for foster care?
DCF does. DCF is a state agency funded by taxpayers.

Do foster parents receive money?
Foster parents receive a check for daily expenses, the amount of which is based on the age of the children. The foster parents also receive coverage for the children's dental and medical expenses. Some DCF foster parents are paid extra money for providing specialized services to children with special needs.

Are there income requirements for becoming a DCF foster parent?
No.

Do foster parents have to be married, or can they be single?
DCF foster parents can be either married or single.

Do foster parents go to work, or are they required to stay at home?
DCF foster parents can work, but depending on the age of the children, the children may also be in day care or after school programs.

Some children are placed in specialized DCF foster homes because they require round-the-clock attention to their needs. In those cases, a foster parent may stay at home to provide the needed care.

Can I visit with my children while they are in foster care?
Yes, but visitation could be as little as one supervised hour a month in a DCF office.

Can the foster parents adopt my children?
Yes. If the DCF goal for your children is adoption, the foster parents may have an opportunity to become the adoptive parents.

What does CHINS stand for?
CHINS stands for CHild In Need of Services.

What is a CHild In Need of Services?
A CHINS may be a child below the age of 17 who runs away from home (CHINS Runaway) or refuses to obey the rules of his or her parent or guardian (CHINS Stubborn); or a child between the ages of 6 and 16 who doesn't attend school (CHINS Truant) or who repeatedly violates school regulations (CHINS Habitual School Offender).

How does a CHINS action begin?
A CHINS action begins when a parent or guardian, school personnel, or a police officer files an application for a petition alleging that a child is in need of services. The court will then schedule a hearing date for the petition to be heard and will assign a probation officer.

What is the role of the probation officer?
The probation officer monitors the case and refers the child for services. The probation officer can also meet with the child and family to help them iron out the difficulties that may have led to the CHINS petition.

What are some of the services to which the probation officer might refer the child?
A probation officer can refer a child to psychiatric, psychological, educational, medical, dental, or social services, including individual and family therapy.

How does a CHINS case proceed?
The child and parent or guardian may reach an agreement, and the probation officer may decide to continue the case on an informal basis (i.e., the case does not go before the judge) and monitor the progress of the family.

If the child and parent or guardian cannot reach an agreement, or if they do not cooperate with the probation officer, the probation officer can decide to proceed on a formal basis, which means that the judge will hear testimony and then decide whether to issue the petition.

What happens before the CHINS is heard?
The judge will assign an attorney to represent the child. The attorney's role is to represent the child's wishes to the judge. The attorney does not represent the parents or guardians.

Will the parents or guardians be assigned an attorney?
No. However, the parents or guardians may bring their own attorney to court.

What happens at the CHINS petition hearing?
The judge will hear testimony about the problems and behavioral issues of the child.

What can the judge decide at a CHINS hearing?
The judge may:

• dismiss the CHINS petition because the child is not in need of services
• decide that the best way to proceed is still on an informal basis with the assistance of the probation officer (the child and the parent or guardian must agree to this)
• issue the petition and schedule the trial, after which the judge will decide if the petitioner proved beyond a reasonable doubt that the child is a "child in need of services."

What happens if the judge finds the child to be in need of services?
The judge will try to correct the child's behavior by using the least restrictive Corrective measures, such as having the child attend therapy or participate in educational services. Or the judge may commit the child to the care and custody of the Department of Children and Families. The judge cannot commit a child to the Department of Youth Services as if he or she were delinquent.

How long does a judge's CHINS order last?
The CHINS order may last up to six months.

What happens next?
The Court must review the CHINS every six months. At that time, the case may be extended for another six months or dismissed.

Can the judge's decision in a CHINS case be appealed?
Yes. The child can appeal.

What happens to the CHINS case when it is appealed?
When a CHINS case is appealed it goes to a jury session for a new trial before a different judge or before a jury. A jury of six adults will hear all the evidence introduced at trial and decide if the child is in need of services.

What happens when the petitioner drops the CHINS petition?
The petition will be dismissed.