Department of Children and Families (DCF) Fair Hearings in Massachusetts

In Massachusetts, individuals charged with certain crimes can find themselves the subject of a Department of Children and Families (“DCF”) investigation into allegations of neglect or abuse of their children.

When an allegation of abuse or neglect is filed, DCF investigates the claim. DCF agents speak with parents and caregivers, they can visit the home where the children reside, and they eventually create a report wherein they determine the validity of the abuse or neglect claims.  DCF agents may create a parenting plan and require parents to attend classes or counseling before being considered for reunification with the children. After DCF declares their findings and plan, parents can lose custody of their children, often feeling hopeless. Fortunately, a parent aggrieved by a DCF decision has an option to appeal DCF’s findings through the “Fair Hearing” process. Parents are entitled to have an attorney represent them in this Fair Hearing.

How to Obtain a Fair Hearing

The first step in obtaining a fair hearing is for the aggrieved parent to send a written request for an appeal to the DCF Fair Hearing Office within thirty (30) days of the unfavorable decision. The hearing will be scheduled within sixty-five (65) business days after DCF receives the request, about ninety (90) calendar days. Once a request is made and a hearing scheduled, it is important to request a copy of the DCF report which is the subject of the appeal. This request must be made at least thirty (30) days prior to the hearing date.

What Does the Fair Hearing Entail?

The DCF Fair Hearing is conducted by an impartial DCF Fair Hearing Officer. The Fair Hearing Officer’s role is to allow a full and fair presentation of the facts. The hearing is usually in an informal setting, allowing parents a fair opportunity to present their case. Motions may be filed prior to or during the DCF Fair Hearing. The DCF Fair Hearing Officer shall rule on the motions and decide on the order of presentation of the case.

During the DCF Fair Hearing, the formal Rules of Evidence do not apply. Evidence must only be relevant and material to DCF’s decision. The oral testimony of witnesses at DCF hearings are taken under oath and are digitally recorded by the DCF Fair Hearing Officer. All witnesses must be available to be examined by all parties. During the DCF Fair Hearing, documents and stipulations may also be admitted into evidence. The official record of the proceeding is obtainable at the parents’ own expense. The Hearing Officer will typically issue a decision in two to three months.

What Needs to be Proved at the Fair Hearing?

In order to prevail in the hearing, the appellant must demonstrate that either 1) DCF’s decision to support the allegations was not in conformity with its policies or regulations resulting in “substantial prejudice to the appellant;” or 2) DCF “failed to act with a reasonable basis or in a reasonable manner” resulting in substantial prejudice (110 CMR 10.05 (a),(b)). The appellant must prove this by a preponderance of evidence. In turn, DCF will need to show that the investigator had reasonable cause to support the allegation.

How Can an Attorney Help With a DCF Fair Hearing?

Parents who participate in the Fair Hearing process are entitled to appear by themselves or with the assistance of an attorney. The attorney can be an invaluable resource in this process. Attorneys are trained to prepare witnesses for testimony, they know what evidence is required in the Fair Hearing process, and they also know how to present a parent’s case in the best possible manner. Attorneys who have experience with the Fair Hearing process can assist in drafting affidavits for witnesses who can’t appear and can suggest documents, photos, and other evidence which may help parents prove their case. Finally, attorneys who are familiar with the DCF Hearing Officers can rely on their mutual respect and reputation when presenting the case and make reasonable recommendations on how it can be resolved.

Attorney Kevin R. Collins has successfully represented parents in DCF Fair Hearings, is intimately familiar with the expectations and requirements of these hearings, and has built a solid reputation with the Hearing Officers which enables him to achieve the best possible result for his clients.

If you have received an unfavorable result from a DCF investigation and are interested in appealing the process through a Fair Hearing, please Contact Attorney Kevin R. Collins for a free consultation today.