It is somewhat limited in terms what can occur. There have been some unpublished cases where some findings against the parent that keeps filing false allegations because has an impact on the child’s relationship with the other parent and it can be neglect.  There is not a lot of case law on this but the […]

It is somewhat limited in terms what can occur. There have been some unpublished cases where some findings against the parent that keeps filing false allegations because has an impact on the child’s relationship with the other parent and it can be neglect.  There is not a lot of case law on this but the […]

The answer is essentially no, but you can look under 110 CMR that would explain what can be appealed and what can’t be appealed.  The reason that sometimes parents want to appeal an unsupported is that they feel that it might be the other parent or someone else that is filing false allegations but appealing […]

They are determining that the risk of abuse or neglect is not necessarily significant enough as to support it but feels that there is still a reason for DCF to be involved with the family. You cannot appeal a substantiated concern but you can file a grievance and part of the reasoning for DCF perspective […]

It can “set the stage” rather than coming in for the truth of the matter. The 51B investigation report has more details and maybe objected to or allow, but that would not be to just set the stage.

In Probate and Family Court in Massachusetts if records are produced with an Order to Disclose from DCF the court has options of allowing the parties to review or copy the records. The records are unredacted so most of the time judge’s do not allow copies to be made originally. Many times, they will either […]

During this unprecedented time, it is extremely important to understand how COVID-19 is impacting different areas of the law. I am starting a series of newsletter articles, website blogs, and videos in which I will discuss how it has affected the areas of legal practice that I cover in Massachusetts.  At the moment, courthouses are […]

When you get a Service Plan or Action Plan many people either just sign it if they need to sign it or refuse to work with DCF. Those are both certainly options and every case is unique. It is not a cookie cutter solution but you are allowed to negotiate the Service Plan and to […]

Both in Massachusetts and nationally there has been a significant increase in bankruptcy filings by older Americans; particularly over 55, but the percentages have gone way up overall in the last several years.  Part of the reason is that older Americans or elders might have substantial health or medical bills. Their income may be either […]

Legal custody is a major decision regarding the children on a day to day decision. There is a presumption that if the parties are married, that there be joint legal custody but that is not always the case. There are a lot of instances where parents that have joint legal custody have disputes about health-related […]