In Massachusetts in a DCF or DSS Case, Can I find out Who Filed the 51A Report and can I read it?

 DCF is not allowed to tell you the name of the person who reported you. Sometimes the person could be anonymous; other times it is easy to tell who called, DCF will not tell you and it will be redacted.  The DCF social worker is supposed to be as   specific as possible in telling you details about the allegations. That does not always occur.

There is also a potential that you could expect that the person who you think wrote the report might have done it for another reason such as anger, jealousy or spite.  You need to be careful because some assumptions are not correct about who filed the report. You can tell DCF though if you are positive the reason somebody might have done that.

Anything you say, DCF can end up being used against you. You do have the right to see a copy of the report and the DCF records. The worker will not give it to you that day. You will need to send a written request to the Area Director at DCF and make that request in writing.  It does take some time to get a copy because they need to redact or black out portions of it.

If the Worker wants me to Sign something, but I do not understand it; or know if I should Sign it or not sign it?

The Answer is No. Do not sign anything that you do not understand or do not fully agree with. You do not have to be argumentative, but you can simply say that you need time to think about it or you want to review it with an attorney.

Obviously, I have a self-interest as an attorney, but reviewing any paperwork with an attorney before signing it would make sense.

What is an Action Plan or a Service Plan?

DCF is supposed to provide appropriate services to help strengthen families who have a 51A supported or sometimes a substantiated concern.  There is a “Service Plan” or “Action Plan” in place whether the children are in your home or removed. There are variety of things that can take place including, counseling for you or the children; child care; parenting skills; education; domestic violence training; substance abuse and things of that nature.

The Plan will list the tasks or Services that they are asking you to comply with and it is important to understand what DCF is asking you to do and whether you should sign the Service Plan or the Action Plan in part and deny portions of it.

A Service plan can be used in Court.  You might want to again talk to an attorney before deciding whether you should sign it or not.  Again, not being uncooperative, just telling them that you need to speak or to go over it with your attorney before deciding whether to sign it or only to sign a portion of it.