Defending Against DCF Allegations: How One Family Overcame Child Abuse Accusations in Massachusetts

Hello, and thank you for joining me today. My name is Kevin Seaver, an experienced and trusted lawyer since 1991. I have successfully represented clients throughout Massachusetts, both in and out of court, in cases involving the Department of Children and Families (DCF). My mission is to turn negatives into positives for you and your family.

A Real Case Example:

A mother came to me after a traumatic experience. She had been babysitting a friend’s child when the child was injured at her home. Unfortunately, this incident led to DCF filing neglect and physical abuse allegations against her. It’s a classic case of "no good deed goes unpunished," right?

At the time, the mother also had a child of her own, just over a year old. DCF escalated the situation by filing a Care and Protection petition with the Juvenile Court, seeking to remove her child from her custody. Thankfully, the judge saw through the situation, noting that the mother’s own child had no history of abuse or neglect. The judge stated, "Mom and Dad are terrific parents, and their child is thriving," and refused to allow the child’s removal. After thorough assessments by the DCF worker, the child’s attorney, the court investigator, and the Probation Officer, the case was dismissed in Juvenile Court.

But the battle wasn’t over. Even though the case was dismissed, the child abuse allegation remained on the mother’s record. This is where it becomes crucial to act swiftly. You must apply for a DCF Fair Hearing within 30 days of receiving a notice of child abuse or neglect. After we filed for a Fair Hearing, DCF re-evaluated the evidence. To their credit, DCF reversed the decision and unsupported the allegations of child abuse and neglect against both the mother and father.
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