DCF

DCF: Report Findings and Massachusetts Family Court

Public Library

Contact Us

What is DCF?

The Department of Children and Families (DCF) purpose is to protect children from abuse and neglect. DCF also supports individuals ages 18-22, who are transitioning from DCF custody to independent living. 

The purpose of DCF is to establish the permanency and well-being of children by providing supports and services to families at home when it is safe to do so. When necessary, DCF provides foster care and if parental reunification is not possible, finds new permanent families through kinship, guardianship or adoption. 

A case may include the different members of a family (e.g., children and parents/caregivers) or young adults who turn 18 in foster care and continue receiving services up until age 23. While a case is open, DCF works with families and community service partners to keep children safe. When DCF determines that a parent can safely care for their children or the children are living with a safe caregiver in a permanent home, DCF closes the case. 

A clinical case consists of all meme of a family (e.g., parents/guardians, children or young adults) that are open with DCF for assessment or for case management. 

CHILD PROTECTIVE SERVICE (CPS) AGENCY: An official agency of a state that has the responsibility to receive and respond to allegations of suspected child abuse and neglect, determine the validity of the allegations, and provide services to protect and serve children and their families. The Massachusetts department of children and families (DCF) is the child protective services agency for the Commonwealth of Massachusetts.

DCF Report Findings

At the conclusion of a child protective services response, a “determination” is made. There are three different responses that may be entered (1) Supported and (2) Unsupported and (3) Substantiated concern. 

SUPPORTED:

A support determination or finding means that there is “reasonable cause to believe” that the child was abused and/or neglected; the actions or inactions of the parents or caregivers place the child in danger or pose substantial risk to the child’s safety or well-being; or the person was responsible for the child being a victim of sexual exploitation or human trafficking. For responses with supported findings, DCF intervention is needed to safeguard child safety and well-being. DCF will open a new case or incorporate the finding into an already open case. 

In very limited circumstances, DCF may make a finding of support and determine that Department intervention is not necessary. This can happen, for example, if the alleged perpetrator was not a family member (e.g., babysitter or bus driver) and the parents/caregivers have taken the necessary actions to keep the child safe. 

UNSUPPORTED: 

An unsupported determination or finding means that there is not “reasonable cause to believe” that a child was abused and/or neglected and that the child’s safety or well-being is not being compromised.  A response may also be unsupported if the person believed to be responsible for the abuse or neglect was determined not to be a caregiver, unless the abuse or neglect involves sexual exploitation or human trafficking. Responses involving sexual exploitation or human trafficking may ne supported whether or not the alleged perpetrator is a caregiver. 

For unsupported findings, department intervention is not needed to safeguard child safety and well-being. Although DCF does not open a new case, the family may apply for voluntary services from the department and/or the department may refer the family for services in the community if needed. If there is already an open case, DCF will use the information gathered in the response to determine if there is a change in risk level to the child and if any changes are needed. 

SUBSTAINTIATED CONCERN:

 A substantiated concern determination or finding means that there is “reasonable cause to believe” that the child was neglected or that the actions or inactions of the parents/caregivers create the potential for abuse or neglect, but there is no immediate danger to child safety or well-being. For responses with substantiated concern findings, DCF intervention is needed to safeguard child safety and well-being. DCF will open a new case or incorporate the substantiated concern finding into an already open case. In limited circumstances, DCF may make a finding of substantiated concern and determine that department intervention is not needed. 

DCF Intake, Responses and Reports

An intake is a child/abuse neglect report or other request for assistance that the department of children and families receives or “intakes”. This includes child abuse/neglect reports, which are also known as protective intakes. It also includes voluntary requests for services, court referrals and more. The department’s child-at-risk hotline and area office based intake units conduct a screening process to determine the appropriate next step for the different types of intakes received. 

DCF reviews or “screens” all child/abuse neglect reports and decides whether a child protective services response is needed. Responses are also called 51Bs because they are completed in accordance with MGL c. 119, section 51-B. “Screened-in” reports may require an immediate emergency response or a non-emergency response. Based on the facts gathered during the response, the assessment of parental capacities, the results of the risk assessment took and clinical judgement, DCF will determine: 

  • A finding on each of the reported allegations as well as any conditions discovered during the response. This includes a finding on any persons responsible. 
  • Whether DCF intervention is needed to safeguard child safety and well-being. 

If there is “reasonable cause to believe” that a child has been abused or neglected the response will either be supported or found to be sustained from concern. DCF will open a new case, incorporate the finding into an already open case, refers the family for services, or determine that no additional services are required. 

Screen-In – If a child abuse/neglect report meets DCF criteria for suspected child abuse and/or neglect it is “screened-in” and assigned for a child protective services response to determine if there is “reasonable cause to believe” that a child has been abused and/or neglected. Screened-in reports may require an immediate emergency response or a non-emergency response. 

A DCF report is called a 51A. A 51A report is a report filed with the department of children and families alleging abuse and/or neglect of one or more children under the age of 18 in Massachusetts. This includes reports of sexual exploitation and/or human trafficking. The department of children and families conducts a screening process to determine whether a report is appropriate for further action. 

A child abuse/neglect report is called a 51A report because it is filed in accordance with section 51A of Chapter 119 of the Massachusetts General Laws. 

Screen-Out – Reports that do not meet DCF’s criteria for suspected child abuse and/or neglect are screened-out. Screen outs may include a determination that:

  • The report does not involve a child, or the allegations are not within the department’s mandate concerning child abuse and neglect. 
  • There was no indication that a child has been or may have been abused or neglected or may be at risk of being abused and/or neglected by a caregiver 
  • The alleged perpetrator has been identified and was not a caregiver or the child’s caregiver is safely protecting the child from the alleged perpetrator, unless the allegations involve sexual exploitation or human trafficking. If a report includes allegations of sexual exploitation or human trafficking the report may be screened in regardless of whether the person alleged to be responsible was a caregiver. 
  • The specific injury or specific situation being reported is so old thar it has no bearing on the current risk to the reported child or other children 
  • There are no other protective concerns, and the only issue is maternal use of an appropriately prescribed medication resulting in a substance exposed newborn where:
    • The only substance affecting the newborn was appropriately prescribed medication, and 
    • The mother was using the medication as prescribed which can be verified by a qualified medical or other provider. 

Screen-Out DA Referral – Reports that do not meet DCF’s criteria for suspected child abuse and/or neglect are screened-out. If the screened-out report involved/may have involved a crime, DCF may notify local law enforcement and the district attorney who has the authority to file criminal charges. Reports that contain/may contain some crimes are considered mandatory referrals and must be referred to the district attorney, regardless of whether the child abuse/neglect report was screened in or out. Other reports may be referred to the district attorney on a discretionary basis. 

Voluntary Application – Families and young adults may voluntarily apply to receive services and support from the department of children and families. Families can request that DCF opens a voluntary case for them so they can still access services. 

Abuse

Abuse means the non-accidental commission of any act by a caretaker upon a child under age 18 which: 

  • Causes or creates a substantial risk of physical or emotional injury; or 
  • Constitutes a sexual offense under the laws of the Commonwealth; or 
  • Includes any sexual contact between a caretaker and a child under the care of that individual. 

Abuse is not dependent upon location. Abuse can occur while the child is at home or in an out-of-home setting. 

Who is a Caregiver/Caretaker?

A caregiver or a caretaker is:

  • A child’s parent, stepparent, or any household member entrusted with the responsibility for a child’s health or welfare. 
  • Any other person entrusted with responsibility for a child’s welfare, whether in the child’s home, a relative’s home, a school setting, a child care setting (including babysitting),  a foster home, a group care facility, or any other comparable setting. Caregivers/caretakers include, but are not limited to:
    • School teachers;
    • Child care providers;
    • Babysitters;
    • School bus drivers; and 
    • Camp counselors. 

The term caregiver and caretaker are used inclusively to encompass any person who at the time of the suspected child abuse/neglect is entrusted with a degree of responsibility for the child. This includes a caregiver or caretaker who is themselves a child, such as a babysitter under age 18. 

Adoption

Adoption is a process by which a court establishes a legal relationship of parent and child between individuals who are not so related. When a child is adopted, the child and the adoptive parents have the same mutual rights and obligations as exist between children and their birth parents. Adoption does not prevent maintaining valued, lifelong connections to birth parents, siblings, kin and other important individuals in children’s lives. 

If it is determined that the permanency plan for a child is adoption, the child will become part of an adoption case. The other family members will continue to be part of the clinical case. 

CONSUMER: Children and families who are involved in DCF clinical and adoption cases are known as case consumers. There are two primary types of consumers in DCF cases including: 

  • Consumer Children – Including children who are under the age of 18 as well as young adults between 18-22 years old who voluntarily choose to remain involved with DCF. 
  • Consumer Adults – Including parents/guardians residing in or outside of the home of the child. This may include biological parents, adoptive parents, stepparents, legal guardians, or other adults acting in a parental role. 

Neglect

Neglect means failure by a caretaker to take the actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability, growth or other essential care. 

Neglect can occur either deliberately or through negligence or inability, provided that such inability is not due solely to inadequate economic resources or due solely due to the existence of a handicapping condition. 

Neglect is not dependent upon location. Neglect can occur while the child is at home or in an out-of-home setting. 

Sexual Abuse

Any non-accidental act by a caregiver upon a child that constitutes a sexual offense under the laws of the Commonwealth or any sexual contact between a caregiver and a child for whom the caregiver is responsible. 

Court Referral

Sometimes the courts refer children and families to DCF. Court referrals can come from a probate and family court case where a parent voluntarily surrenders a child or when a child has been abandoned by a parent or guardian. 

Emergency Response

If a child abuse/neglect report meets the criteria for suspected abuse and/or neglect it is “screened-in” and assigned for a child protective services response. The purpose of the response is to determine if there is “reasonable cause to believe” that a child has been abused and/or neglected. 

“Screened-in” reports may require an immediate emergency response or a non-emergency response. Emergency responses are required when there is a determination that the report involves a situation where the failure to take immediate action would pose a substantial risk of death, serious emotional or physical injury, or sexual abuse of a child. 

The emergency response is to begin within two hours of the report and is to be completed within five business days. 

In Placement

In most cases, DCF is able to provide supports and services to keep children safe at home. When necessary, the department provides children with a foster home or another safe place to live outside of their home. 

Placement is defined as a situation in which the child is not living at home AND:

  • Is in the care of DCF through a court order or an adoption surrender OR 
  • Is in the care of DCF through a voluntary placement agreement 

Institutional Abuse Report

An institutional abuse report is a report of suspected child abuse/neglect (also known as a 51A) in an institutional setting. Institutional settings includes schools and other facilities, such as Massachusetts department of early education and care, department of developmental service, department of mental health, department of public health, and department of youth service facilities. Institutional settings include but are not limited to:

  • Child care centers and family child care homes 
  • Day schools or residential facilities (public and private)
  • Day or overnight camps
  • Foster and pre-adoptive homes 
  • Hospitals and respite facilities 
  • Pediatric nursing homes
  • School-age child care programs 
  • Temporary shelters 

Institutional abuse reports also include reports of suspected child abuse/neglect that occurred while a child was being transported to or from a facility as well as when a child was of the premises of the facility but still in its care. 

Mandated Reporter

The department of children and families relies on child serving professionals and the public to alert the department of suspected child abuse and/or neglect. Mandated reporters are people who are legally required to inform DCF if they suspect a child is being abused/neglected. Mandated reporters are defined by MGL c. 119, Section 51A and include law enforcement, health care professionals, educators, clergy, probation and parole officers, foster parents, social workers, firefighters and more. 

Non-Emergency Response

If a child abuse/neglect reports meets DCF criteria for suspected abuse and/or neglect it is “screened-in” and assigned for a child protective services response to determine if there is “reasonable cause to believe” that a child has been abused and/or neglected. 

“Screened-in” reports may require an immediate emergency response or a non-emergency response. Non-emergency responses are required when there is a determination that the report does NOT pose a substantial risk of death, serious emotional or physical injury, or sexual abuse of a child. 

Screening for a non-emergency response is to be completed within one business day but may ne extended for one additional business day in limited circumstances. The non-emergency response is to begin within two days of the report and is to be completed within fifteen (15) business days. 

Unspecified

The term unspecified is used throughout the child protective services dashboard to indicate that the information is not available to show in the dashboard. This can occur because: 

  • Timing – Something may appear as unspecified if it is too early in the process for the information to be available. For example, a child’s age may not be known by the person who reported the child abuse/neglect. Thus, a child’s age may show as unspecified on the intakes dashboard. 
  • Optional information – Something may show as unspecified if it is not required to be entered into DCF’s case management system. For example, as part of its commitment to providing safe, affirming and discrimination free services, DCF requires staff to enter gender identity and sexual orientation information for children/young adults age three and older. This information is self-reported, and people can choose not to answer. The gender identity and sexual orientation of a child under three may show as unspecified as staff are not required to enter that information.

Table of Contents