Has the Department of Children and Families (“DCF”) supported an allegation of neglect or abuse against you, or found there to be a substantiated concern of neglect or abuse of your child or a child for whom you are a caregiver? If so, you have a right to appeal the decision by seeking a Fair Hearing and asking a hearing office to overturn the finding of “supported” or “substantiated concern.”
The Department of Children and Families is a state agency that has legislative authority to determine whether a child has been neglected or abused by their caregiver, and to intervene if they make such a finding. If you receive a telephone call or a notice from DCF that there has been a “51A” filed against you, a social worker from DCF will visit your home to interview you, other household members, and the child(ren). Oftentimes, these visits are scheduled with you; if DCF determines that an emergency exists, they will visit without notice. During their investigation, they will speak with the child’s school and pediatrician and may ask to speak with other people.
At the end of their initial investigation, DCF will take one of three actions, which will be detailed in a 51B report: if they find that abuse or neglect of the child did not occur, the allegations will be unsupported; if they find that abuse or neglect occurred, the allegations will be supported; if they have a reasonable belief that abuse or neglect occurred, they will find a “substantiated concern.” The finding of “supported” and the finding of “substantiated concern” are appealable through the Fair Hearing process.
Sometimes, the findings of support and substantiated concern by DCF are based on incorrect facts, or the facts do not meet the definitions of “abuse” or “neglect” as those terms are defined by DCF. If you believe that has happened in your case or you are not satisfied with the finding of abuse or neglect against you or your spouse or partner, you have a right to challenge DCF’s findings through a Fair Hearing. The Fair Hearings Unit is a separate unit within DCF. The determination letter sent to you supporting the finding of neglect or abuse or finding a substantiated concern will contain instructions on how to file for a Fair Hearing. You will be assigned a date for the hearing (which will likely be virtual). The time allotted for Fair Hearings is two hours. The hearing is what is called an “evidentiary hearing” in that evidence is presented to the Hearing Officer in the form of documents and testimony by you, the original social worker, and other relevant witnesses. Both you and DCF have the right to present evidence and witnesses, you have the right to question the DCF social worker at the hearing, and DCF has the right to question you and your witnesses at the hearing. After the Fair Hearing, the Hearing Officer will notify you in writing of their recommendation to either uphold or reverse the original determination by DCF.
Because deciding what documents to offer into evidence at the hearing and what to say during your testimony can be difficult to navigate, Attorney Andra Hutchins at Coren Lichtenstein LLP can assist you with your hearing preparation and represent you at the Fair Hearing. Andra Hutchins and her team have successfully represented many clients at Fair Hearings where determinations of supported and substantiated concern have been overturned by the hearing officer. If you have received a letter from DCF supporting a decision of neglect or abuse against you, or finding a substantiated concern, contact Attorney Hutchins at ahutchins@cl-lawgroup.com or 781-997-1564 for a consultation and more information.
The Definition of Neglect pursuant to DCF’s guidelines is
- “Failure by a caregiver, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care, including malnutrition or failure to thrive; provided, however, that such inability is not due solely to inadequate economic resources or solely to the existence of a handicapping condition.”
Definition of Abuse pursuant to DCF’s guidelines is
- “The non-accidental commission of any act by a caregiver which causes or creates a substantial risk of physical or emotional injury or sexual abuse of a child; or
- The victimization of a child through sexual exploitation or human trafficking,regardless if the person responsible is a caregiver.”