Appealing a DCF Supported Finding in Massachusetts (Step-by-Step Guide) – EP 22

Massachusetts DCF fair hearing process is critical if you are appealing a supported 51A or 51B decision for child abuse or neglect. In this episode of The Boston Barrister, I explain how to file a DCF fair hearing appeal within the 30-day deadline, how to request your 51A report and 51B investigation, and how to prepare properly so the hearing is truly fair. I also discuss due process rights, subpoenas, grievances, expert witnesses, and how to submit findings of fact and rulings of law after your hearing. Preparation is everything when challenging a supported DCF decision. Here is what you’ll learn: How to appeal a supported DCF decision within 30 days The difference between a 51A report and a 51B investigation How to request your full DCF file and evidence What due process means in a DCF fair hearing Why preparation, witnesses, and expert testimony matter How to submit findings of fact and rulings of law after the hearing CONNECT WITH US ▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀ Website: https://kevinseaverlaw.com/ Facebook: https://www.facebook.com/LawOfficeOfKevinPatrickSeaver/ Instagram: https://www.instagram.com/lawofficeofkevinseaver/ LinkedIn: https://www.linkedin.com/company/the-law-office-of-kevin-patrick-seaver/ YouTube: https://www.youtube.com/channel/UCvt_ckAv7fDcHw1Rb4sVV0Q/featured TikTok: https://www.tiktok.com/@attorneykevinseaver DisclaimerThis video is not intended as legal advice and does not create an attorney-client relationship. Please consult a lawyer regarding your legal issue. Keywords:Massachusetts DCF fair hearingDCF 51A reportDCF 51B investigationsupported finding child abusesupported finding neglect Massachusettsappeal DCF decisionDCF hearing unit Bostondue process rights Massachusettssubpoena DCF recordsDCF grievance processDCF appeal 30 day deadlineMassachusetts child abuse appeal Since 1991 Boston attorney Kevin Patrick Seaver has specialized in family law, including divorce and fighting false child abuse allegations and getting DCF cases closed once and for all. Giving parents freedom and happiness. [email protected] Transcript:Welcome to the Boston Barista. My name is Kevin Patrick Seaver. I am located in Boston, Massachusetts. Today’s gonna be a podcast about Massachusetts Department of Children and Families, Fair Hearings. And one of the nice things I like about the Massachusetts Department of Children and Families is where they make up these titles like Fair Hearings. Let’s be clear about this. Right out of the box, let’s come after DCF. These Fair Hearings are only fair if you make the hearing fair. And how do you do that? You gotta level the playing field and know what you’re doing and understand how to do it. Because if not, you will not be successful. So there’s pitfalls and things you need to watch out for. I begin with telling you that most Fair Hearings are done now by what’s called a team meeting. It’s the same thing as the fancy-spancy word for zone. It’s over the computer. You get a link, you go on the link on the appropriate time, date, and that’s what happens. Now, years ago, they used to do Fair Hearings in person. But I think due to technology, which I welcome, and we all should, we made life a lot easier. And we do them by zone. Because people then don’t have to travel out to the western part of the state, or Cape Cod, or down to the islands, up north all the way up to the New Hampshire border. And it just appears to make life a lot easier for all concerned. I wanna back up a little bit. When and how do you appeal to a DCF, they’re hearing. Well, first of all, if you have a matter in which a decision was supported against you, because it starts off with a 51A, it’s either screened in or screened out. If it’s screened out, it’ll go any further. If it’s screened in, it goes further. You assign a 51B investigator, or what DCF likes to call a response worker. Now, that response worker either has five days in an emergency situation, or 15 days in a non-emergency. But often I see these go beyond their time standards. Or the five day turns into a 15, and then they continue it from there also sometimes. But the end of the rainbow, when the 51B investigation by the response worker is completed, they can come up with various decisions. The first, which we all hope for, is that the decision was not supported. Everybody goes home happy. Can you hear me, DCF? Everybody goes home happy. That’s worth repeating a third time. Everybody goes home happy. The second is where the decision is, boo, supported. Give me another boo, and a third boo, supported. And that can happen. Now, here’s the tricky part. That can be supported for a decision of child abuse or neglect, or it can be a substantiated concern, regardless of whether it’s a substantiated concern or just an outright child abuse or neglect allegation supported. You have 30, 30, 30 days to appeal this to the DCF engineering unit. Now, during this period of time, you should receive a letter from DCF, but don’t hold your breath, because sometimes they don’t. Sometimes in fairness to DCF, mail gets lost. According to the United States Postal Service, 4.9% of the mail is lost, destroyed, or misdelivered every day. Now, I don’t know about you, but if I put something in the mail, I expect it to be delivered. But 4.9% of the mail, not delivered. There are numerous ways to get in touch with the Department of Children and Families, and I urge you to try all of them and make sure they do not time-bar you from having your right, your important right, to appeal a decision to the Department of Children and Families for your hearing unit. First and foremost, you’re gonna send it by mail, send it by regular mail, as well as certified. So a few extra shekels for this money well spent.(…) You’re gonna send that to the Department of Children and Families for your hearing unit, located at one Ashburton Place.