When does DCF close a case after 51 B investigation in Massachusetts? DCF will close your case after 51 B investigation by a 51 B investigator when there's not enough evidence to find reasonable cause to believe.
Now let's back up just a little bit. I want to walk through that there's three types of people that report to DCF with suspicion. If they have suspicion of child abuse or neglect, they call DCF and DCF does a form. Those are mandated, non-mandated and anonymous reporters. Then DCF has to screen in or screen out the decision. When they screen it in, they must do an investigation. During that investigation, various things will happen, such as calling and speaking to collaterals, such as doctors, such as school therapists, daycares, or what it's on. They also come interview you and your children whether you like it or not. They also will look at various background information such as do you have a DCF history, do you have a criminal record? They'll call the police station where your home is located. See if there's been any calls recently to your home. What you have to understand is at the end of that investigation, DCF does not have enough evidence to support reasonable cause to believe that the child has been abused or neglected. That's the law in Massachusetts.
DCF may close a case after the supported decision and not do an assessment. Examples of this would be, let's say there's a school teacher and the school teacher abuses your child. Reasonable cause to believe they have abused your child. That school teacher is not going to have any more interaction with your child. So there's nothing really to correct.
So DCF would support the case against the school teacher for abuse and neglect, because they found reasonable cause to believe. Then they closed the case. Now, why is it so important to understand whether your case is open or closed. When your case is open, a second social worker, called an assessment worker, will come out and do for 60 days, 45 of those is an assessment. The other 15 days is they have time to write up what's called an action plan to determine services they deem, DCF, you may need to participate in. You must understand that the assessment period, you can also use to your advantage. You can get DCF to hopefully close your case, but even more importantly, ask them to unsupport the allegations against you as a caretaker, as a parent for abuse and neglect.
The last final thing that's really important. Whenever you have a substantiated concern or a case supported against you for neglect or abuse of any kind, whether they close or keep your case open. That does not mean when your case is closed, the allegation goes away. Many people make that mistake. Don't you, when a case is closed, that means DCF not coming out to your home anymore. That does not mean, let me repeat that for emphasis. That does not mean your abuse and neglect allegation against you is unsupported. There's only one place you can unsupport an allegation of child abuse or child neglect under Massachusetts law. And that is by applying to a fair hearing. And that must be done within 30 days of the receipt of the letter, stating that you have abused or neglected a child as a caretaker or as a parent.
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