DCF Records in Probate Court

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 allow the parties and the attorneys to review it at the probation of family service office or in the court room.   Many times, that may be without prejudice and they may be able to get a copy later. 

In addition, the parents can get a redacted copy from DCF; although it can take some time before being able to get that done.  In many times, I will have the client sign a Release to request a redacted copy from DCF and at the same time request to subpoena the records and the worker to go to court with the records with an Order to Disclose.   So, it allows both things to happen. One is that you could potentially get the record in redacted form earlier than the court records.  Secondly, even if you don’t get them earlier than the court records if the court only is allowing you to view the records but not have the copies, having a redacted copy is better to have to be able to go over than just taking notes.