There are Standing Orders, including Standing Order 2-11, that the court can be allowed to use information from DCF. What can happen is, in many times if custody or visitation is before a Probate and Family Court Judge, there is awareness that either you want to bring up; or the other parent or another party wants to be able to see some of the DCF records. It can be anywhere from things that support allegations, neglect or abuse on one of the parents or even information that shows that the DCF found that there was no neglect or abuse.

There are Motions that can be filed with an Order to Disclose. Generally, it is important to make sure that the correct Motion is before the court. You have to ask for a hearing of whether the DCF documents are needed and that you are able to look at the documents or have the attorney look at the documents beforehand.

In addition, you can subpoena the DCF worker along with an Order to Disclose to the court. Sometimes the court will on their own call DCF on speaker phone while the parties are in the room and ask either a present or prior DCF worker about the allegations or DCF’s involvement.