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What is “ICWA” in DCF Cases?

Posted by Alexander Nesson
On August 22, 2016

In many times if parties have been before the Court, they might have heard “ICWA”, which stands for the “Indian Child Welfare Act”. It has been in effect since 1978 and active at congress protecting Native American children. It is regarding federally recognized Native American tribes. There are additional protections for placement of Native Americans […]

Posted by Alexander Nesson
On August 19, 2016

In care & protection cases, the court appoints something called a “Court Investigator”, which is very similar to a “Guardian ad Litem” in Probate Court. The Judge tries to get as much relative information from an impartial source that might not otherwise be presented by any of the parties in the case. The Court Investigator […]

Posted by Alexander Nesson
On August 17, 2016

First, one of the analogies I like is: if you ask a barber if you need a haircut, he’s always going to say “yes”. So, if you ask an attorney whether you need an attorney, he’s probably going to say “yes”. But, DCF is involved, I’d strongly recommend hiring an attorney. Every case with DCF […]

Posted by Alexander Nesson
On August 12, 2016

It is a question and answer session. It is not the same as a regular conversation that you would be having. There generally will be a question and you can take a moment to think about the question, then answer it. It should not feel like a normal conversation, you want to make sure you […]

Posted by Alexander Nesson
On August 5, 2016

DCF is prohibited from a Disability Based Discrimination; which includes denial of opportunities to benefit different services and failure to reasonably modify its policies procedures and imposing methods of administration that have the effect of discriminating on the basis of disability. There has been found, including public letters by the US Department of Justice and […]

Posted by Alexander Nesson
On July 22, 2016

A Deposition is a question and answer session with the other side’s attorney. The attorney for the other side will ask you questions that you will give answers to. There will be a court reporter (Stenographer) taking all the information and keeping a record of everything that is being said in the deposition. What Kinds […]

Posted by Alexander Nesson
On July 15, 2016

There have been more case law and findings where there are allegations that the U.S. Department of Health and Human Services of Civil Rights and the U.S. Department of Justice has found at times that DCF has discriminated; including, against a developmentally delayed mother, by assuming that she was unable or unsafely on how to […]

Posted by Alexander Nesson
On July 8, 2016

Posted by Alexander Nesson
On June 30, 2016

Every situation is different and there are some websites and/or lawyers that promote audio taping DCF when they come to your home. In reality, it is not something that I would generally recommend; as both in Massachusetts it is a state that requires all parties have to consent to a taping and it is extremely […]

Posted by Alexander Nesson
On June 24, 2016

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What is “ICWA” in DCF Cases?

In a Care & Protection or in DCF cases, what is the role of a Court Investigator?

What To Do If Massachusetts Department of Children and Families (“DCF”) Knocks On Your Door

What are things to do that are useful in a Deposition?

DCF has been found to have Violated the ADA in Section 504.

What is a Deposition?

DCF and Violations of the American with Disability Act.

What are things to do that are useful in a Deposition?

Should I Tape the DCF Interview?

What is a Deposition?