Can DCF Take My Child Away in Massachusetts?

Can DCF Take My Child Away in Massachusetts?

A legal battle after a divorce is not the only way you can potentially lose custody of your child in the state of Massachusetts. Through circumstances that are completely out of your control, the Department of Children and Families (DCF) may conduct an investigation and put your child in foster care.

While there are plenty of viable reasons to take children out of abusive and dangerous environments, parents often find themselves fighting against unreasonable allegations that can tear their families apart. This is why it is always a good idea to team up with a qualified attorney if you find yourself fighting to maintain custody of your child after a DCF investigation. By learning more about the laws that surround these situations, you can equip yourself for a legal battle and show the court that you are fit to be a parent.

What is the DCF?

The Department of Children and Families is a state agency tasked with protecting children in the state of Massachusetts. The DCF fulfills a few main roles:

  • The Investigation of Possible Child Neglect or Abuse: The DCF will launch investigations if there is reason to believe that a child is being abused or neglected. If sufficient evidence is discovered, they may ask the court for permission to remove children from harmful environments
    Providing Services to Families in Need: The DCF may work with families in dire circumstances, providing a range of services to make it easier to raise and care for children
    Removing and Relocating Children: The DCF is a fully-licensed child placement agency. They can legally remove children from their families and place them into foster care. The DCF may also arrange for the adoption of these children

Dealing With a 51A Report

If you are dealing with a possible investigation by the DCF, you need to become familiar with something called a 51A Report. This is a legal document stating that there is reason to believe that a child is being abused or neglected. A number of people can call the DCF to file a 51A report, and some professionals are legally obligated to do so if they suspect a child is being harmed. These include doctors, teachers, police officers, and many others.

Once a 51A report is received by the DCF, they decide whether or not to launch an investigation. In some cases, there may be evidence of a serious emergency. In this case, the DCF may be able to obtain permission from a judge to take custody of children without even notifying you of the 51A report. In this situation, they simply arrive at your home with the police and take your children away.

Your Legal Options

It is important that you act in a calm, calculated manner if you are dealing with a 51A report. Becoming violent or angry only makes you look worse in the eyes of the DCF. This is especially true if the DCF takes custody of your children when they get permission from a judge to take your children within just 24 hours in an emergency situation. Things can develop very quickly, and it is important to act with your child’s best interests at heart.

The good news is that you have plenty of legal options. You can request a “fair hearing” after the DCF takes custody of your children. In the state of Massachusetts, the court is legally required to give you a hearing within 72 hours of your child being taken. During this hearing, your attorneycan fight for your rights as a parent and show the court that your home environment is suitable for your child.

Get Help Today

At the Law Offices of Johnson, Sclafani & Moriarty, we understand that your children are your most precious assets. Reach out today, and we will do everything we can to keep them where they belong – in your family. Contact us today for a free initial consultation. 413-732-8356