DCF and Care & Protection Cases in Massachusetts: A Guide for Parents

Receiving a call or visit from the Department of Children and Families is one of the most frightening experiences a parent can face. If DCF has filed a care and protection petition against you, your right to raise your children is at stake. Understanding the process and your rights is the first step toward protecting your family.

Attorney Dennis F. Desmarais is a certified CAFL (Committee for Public Counsel Services Certified Attorney for Children and Families in the Law) attorney who represents parents and children in care and protection cases in Western Massachusetts. This guide explains what to expect and how to protect yourself.

What is a Care and Protection Case?

A care and protection case, known as a "C&P" case, is a civil lawsuit filed by DCF in the Juvenile Court. DCF files a C&P case when it believes a child is being abused or neglected and that the child's safety requires court intervention.

A C&P case is not a criminal case. You are not being charged with a crime. However, the consequences can be just as severe. If DCF proves its case, the court can remove your children from your home, place them in foster care, and in extreme cases, terminate your parental rights permanently.

This is why having an attorney is so important. Parents in C&P cases have the right to a court-appointed attorney if they cannot afford one. You should exercise this right immediately.

How a DCF Investigation Begins

DCF investigations typically begin with a 51A report, which is a report of suspected child abuse or neglect. Anyone can file a 51A report, but certain professionals, including teachers, doctors, police officers, and social workers, are mandated reporters who are legally required to report suspected abuse or neglect.

After receiving a 51A report, DCF conducts a 51B investigation. A DCF social worker will visit your home, interview you and your children, and may speak with other family members, teachers, doctors, and others. The investigation must be completed within a set timeframe, usually 15 days for non-emergency reports.

At the end of the investigation, DCF will either "support" or "unsupport" the allegation. A supported finding means DCF believes the allegation is more likely true than not. An unsupported finding means DCF did not find sufficient evidence.

Your Rights During a DCF Investigation

You have important rights during a DCF investigation, and you should know them.

• You have the right to be told why DCF is investigating.
• You have the right to have an attorney present during interviews.
• You do not have to let DCF into your home without a court order, though refusing entry may lead DCF to seek emergency court action.
• You have the right to refuse to sign any documents, including service plans.
• You have the right to appeal a supported 51A finding through the DCF Fair Hearing process.
• Your children have the right to their own attorney in any court proceeding.

Being cooperative with DCF can be helpful, but being cooperative does not mean giving up your rights. An attorney can help you navigate the investigation in a way that is both cooperative and protective.

The Court Process

If DCF decides that court intervention is necessary, it will file a care and protection petition in the Juvenile Court. Here is what happens next.

The 72-Hour Hearing

If DCF has taken emergency custody of your children, a hearing must be held within 72 hours. At this hearing, the judge decides whether to grant DCF temporary custody or return the children to your care. This is a critical hearing, and having an attorney present is essential.

Pretrial Conference

After the initial hearing, the court schedules a pretrial conference where the parties discuss the case and attempt to reach agreements on temporary arrangements, including visitation schedules, service plans, and placement of the children.

Trial

If the case is not resolved through agreement, it proceeds to trial. At trial, DCF must prove by a preponderance of the evidence that the child is in need of care and protection. Both sides present witnesses and evidence. The judge makes a finding and determines what outcome serves the best interests of the child.

Permanency Planning

If the court finds that a child is in need of care and protection, it must establish a permanency plan. The preferred outcome is always reunification with the parent. If reunification is not possible within a reasonable timeframe, the court may consider other options, including placement with relatives, guardianship, or adoption.

Service Plans and What DCF Expects

DCF will typically create a service plan for you. This plan lists the steps DCF expects you to take to address the concerns that led to the case. Common requirements include parenting classes, substance abuse treatment, mental health counseling, domestic violence programs, stable housing, and regular visitation with your children.

Compliance with the service plan is one of the most important factors the court considers when deciding whether to return your children. Even if you disagree with parts of the plan, failing to participate can be used against you in court.

However, you should not blindly accept everything in a service plan. Some requirements may be unnecessary, inappropriate, or overly burdensome. An attorney can help you negotiate a reasonable plan and push back on requirements that are not justified.

Termination of Parental Rights

In the most serious cases, DCF may seek to terminate your parental rights. This is the legal equivalent of permanently ending the parent-child relationship. If your rights are terminated, you will have no legal relationship with your child, no right to visitation, and no right to make decisions about your child's life.

Termination of parental rights requires DCF to prove its case by clear and convincing evidence, which is a higher standard than the preponderance standard used in the initial C&P finding. The court must find that the parent is currently unfit and that termination is in the best interests of the child.

If DCF is seeking to terminate your rights, you need an experienced attorney. This is not a proceeding you should face alone.

How a CAFL Attorney Helps

A CAFL-certified attorney has completed specialized training in child welfare law and is held to high standards of practice. Your CAFL attorney will be present at every court hearing, review all DCF records and reports, cross-examine DCF witnesses, present evidence and witnesses on your behalf, negotiate with DCF on service plan terms and visitation, and advocate for reunification with your children.

The earlier you have an attorney, the better your chances. If DCF is investigating your family, do not wait for a court case to be filed. Contact an attorney now.

Immigrant Families and DCF

Immigrant families face additional challenges in DCF cases. Language barriers can make it difficult to understand what DCF is asking and what your rights are. Cultural differences in parenting practices may be misinterpreted as neglect. Immigration status can create fear of reporting abuse or cooperating with authorities.

Attorney Desmarais understands these challenges. As both a CAFL-certified attorney and an immigration attorney, he can address the intersection of child welfare and immigration law that many attorneys miss. If your immigration status is relevant to your DCF case, he can help protect you on both fronts.

Get Help Now

If DCF is investigating your family or has filed a care and protection case, the most important thing you can do is get an attorney immediately. The earlier you have legal representation, the better your chances of keeping your family together.

The Law Office of Dennis F. Desmarais represents parents and children in care and protection cases throughout Western Massachusetts, including Springfield, Holyoke, Chicopee, and Northampton. We offer free consultations in English, Spanish, and Haitian Creole.

Call (413) 455-1523 today. Your family is worth fighting for.