When a 51A has been screened in, the Department of Social Services has ten calendar days to complete its investigation. It may be several days before you are contacted by DSS.

When the Department of Social Services' 51B investigator arrives at your door, you should immediately receive the Parent's Guide, a pamphlet that outlines your rights as a parent. Take the time to read this pamphlet carefully If you are not given this pamphlet, ask for it. Sometimes the social workers will talk to you first, then give you the pamphlet.

In the Parent's Guide provided by DSS, the Department states that you have the right "to speak with an attorney or to have one with you at any time." Exercise this right!

You also have "the right to ask and to have answered any questions you might have about the process, including the allegation(s) and the investigation(s)." A Parent's Guide, July 2000.

It is important to realize that due to time constraints, a 51B investigator does NOT need releases to speak to collaterals during the 51B investigation period. In other words, the 51B investigator can get information from ANYONE who knows your family. The information may or may not be accurate, and there may not be enough time to verify the information to corroborate or refute the allegations.

You have the right to have the 51B investigation conducted in your own language. You must be able to understand the allegations that have been made against you.

Case: A father was accused of sexually abusing his prepubescent son. The allegations had been made by the boy's mother, who had an extensive history of serious mental illness, and were supported by the Department of Social Services, which had knowledge of mother's mental illness. Both the father and son denied that anything inappropriate had ever happened. It became increasingly clear to collaterals outside the Department of Social Services that father, whose native language was not English, really did not understand the allegations that had been levied against him. When the Guardian ad Litem assumed the more crucial role of translator, father was horrified to learn what he had been accused of. Other competent professionals also understood that father's capacity to defend himself against mother's accusations and the DSS assumption that he was guilty of sexual abuse was severely limited by the language barrier.

If you have been falsely accused of sexual abuse, physical abuse, or neglect, do not talk to anyone, sign anything, or do anything until you have spoken with competent legal counsel.

Do not be surprised if the DSS social worker asks you, "If you haven't done anything wrong, why do you need an attorney?" As an educated, responsible consumer and concerned caretaker, you will know that if you don't know what your rights are when DSS steps into your life, you need to find out very quickly. The Parent's Guide itself tells you that you have the right to have an attorney present at any time.

You may also hear a social worker ask, laughingly, "Why does everyone always think we're here to take their children away." We have all read newspaper stories about children in foster care. They are terrifying.

DSS may also tell you, "We're just here to find out what the truth is." Most 51B investigators will interview the entire family for less than an hour. Some of them will not question the statements made by the reporter (or his/her motivation for making the report), and some have included only information that supports the allegation. Even if you know what the allegations are – and sometimes the 51B investigator will tell you only in the vaguest of terms what has been alleged against you – it may be impossible to change the mind of the investigator.

Case: A father was alleged by mother to have sexually abused his toddler daughter. When the 51B investigator asked father if he had ever touched his daughter in the vaginal area, father acknowledged that he had and proceeded to explain why: being only three years old, the daughter was prone to toilet accidents and it was necessary to clean her. The only part of father's answer that appeared in the 51B investigation, however, was the fact that he had touched the child in the vaginal area. On this ground alone, the false allegation of sexual abuse was supported.

During the fair hearing, it came to light that father told the 51B investigator that he had cleaned the child and applied ointment when she soiled herself, and had bathed her when she visited overnight.

Some of our clients have also heard, "If you don't cooperate, I can remove your children," or, "if you don't sign this release, I can take your kids away." The clients have then signed releases, believing that the social worker will remove the children if they don't sign.

Before a social worker can remove your children, the Department of Social Services must bring the matter before the Court. The Court must then be "satisfied that there is reasonable cause to believe that the child is suffering from serious abuse or neglect, or is in immediate danger of serious abuse or neglect, and that immediate removal of the child is necessary to protect the child from serious abuse or neglect . . . ." G.L. c. 119, § 24.

You may believe that justice, your constitutional rights, the judicial system, and the truth always come out. This notion may change after you have been falsely accused of being a child abuser. When an allegation of sexual abuse, physical abuse, or neglect is made, you may be guilty in the eyes of DSS even when you are proven not guilty in the Courts of the Commonwealth.

In addition, some of the collaterals seem to become extra vigilant and find cause to file a 51A report once they have been alerted that someone else has already done so, believing the old cliché, "Where there's smoke, there's fire."

Case: Aaron's [pseudonym] pediatrician, a behavioral specialist, referred Aaron to an unlicensed therapist who was a personal friend. Aaron's family soon found that they could no longer afford the out-of-pocket expense and terminated therapy. Shortly thereafter, the therapist filed a 51A with the Department of Social Services and tried to enlist the support of Aaron's school for her allegations. The school declined. The 51A was not supported.

A short time later, Aaron appeared at school with a bruise on his arm. When questioned, Aaron could not remember how he had gotten the bruise. The school filed a 51A.

The Department of Social Services one again spoke to the therapist and relied heavily on her statements and those of her friend, the pediatrician, who had abruptly terminated services to the family without notice and without explanation and refused to return any telephone calls to Aaron's mother. Both the unlicensed therapist and the pediatrician refused to honor multiple written requests for medical and therapy records.

Aaron's new therapist, a licensed and experienced woman covered by the family's insurance, found none of the trauma noted by the unlicensed therapist with questionable motivations. The support decision was reversed by the Area Director.

You may be promised a speedy resolution of the matter so long as you cooperate. Speedy investigations may lead to the investigator glossing over or completely ignoring evidence that contradicts the false allegations of child abuse.

It is naïve to think that the truth will come out if you just sit back and wait. The truth may never see the light of day unless you are proactive and force the Department of Social Services to consider ALL the facts.

Remember: do not volunteer any information in an attempt to try to prove your innocence or sign any documentation before it is reviewed by an attorney. The Department of Social Services can and does make referrals to the District Attorney's office, and criminal charges can be filed against you at any time. DSS will provide information gathered during the 51B investigation to the District Attorney to be used against you in a criminal case.