How DCF Does Administrative Cases

When DCF finds abuse or neglect, but doesn't think they can get a judge to kidnap your children in court, they open an administrative case, and torment you and your family in your home for a year or so. This is a guide to what to expect.

The DCF Social Wreckers want to be liked. Everyone they deal with HATES them.

There are TWO basic types of cases that DCF does - court cases and administrative ones. An administrative case is one where they do not take your children into captivity, but keep a strong hammer on your family. They keep a case open for "services" that you must do, they visit your home frequently, they monitor your children at the government skool, and require you to comply with all kinds of rules and regulations. Once you have done everything, and they deem that you are no longer a "risk" to your children, they close the case.

Here is how the DCF administrative case actually works, in gory detail:

We have already set out in the section about the DCF Snitch Network how a case gets into their system, via a report to the DCF hotline, and that it gets investigated by a worker called an "investigator". Let's pick it up from there.

The Investigation

Once a case comes into the DCF child abuse hotline, it is assigned to an investigator social worker.

The investigator is then supposed to do an investigation in accord with the requirements of Section 51B of Chapter 119. That means contacting parents, relatives, teachers, doctors, neighbors, and whoever else could determine whether the report about abuse or neglect is actually true. The investigator then must write a report, called a 51B report. You should try to get this report as soon as possible, so you know what you are accused of.

You can get this report by writing the Area Director of the Area Office which is persecuting you, which should be on the top of any of the letters which they sent you.

In reality, many DCF people can't investigate their way out of a paper bag, and they often get it wrong both directions. They find abuse where there isn't any, because they are easily fooled by clever people who lie to them. And, they ignore real abuse, because they are easily fooled by clever people who lie to them. They are often gulled by their unstated agenda, which is generally that parents are evil abusers.

They usually don't look at the bigger situation or context to see if there is anything which might be an ulterior motive for someone to accuse the parent of abuse. For example, is there a nasty custody case in the family court where the woman is using DCF as a weapon to get custody? Is there an angry relative, say a grandparent, who really wants to steal their grandchild? Does the school have it out for the parent for some reason?

They don't stop to ask these questions or to check objective, outside references to see if they are being fooled. But, it doesn't matter, because no one holds them accountable. It is just the children they harm, and hey, who cares.

How Do You Deal With the Invaders?

During the investigation, there are several critical things you must do if you want to come out of this with your family intact. You have two goals: 1) Keep the case out of court, at ALL costs. 2) Make them go away as soon as possible.

No matter what you have to do to keep out of court, you must do so. In court, the DCF has only one goal - to take your child. So, despite not wanting to be bullied by an irresponsible little brat social worker, that is far far far better than risking a complete loss of your children. Don't forget that, when the Social Wrecker is tormenting you and you don't think you can take it any more. They have the nuclear option, and they are not afraid to use it.

Remember that the social wrecker is probably went to work for DCF in order to work out her own tortured past, and may have all kinds of emotional baggage from past abuse in her family, real or imagined. She is going to make darn sure that no one else ever does that to anyone, and you are the current "project" for her to fix. There are a lot of inner, unrevealed agendas that most of these people are lugging around. So, have some compassion for her, despite her being a little dictator and a snotty creep to boot.

Control of the information is the key principle. Don't give them any more than you have to. Most people figure, "hey, I've got nothing to hide." Oh, yes you do. Everything you say can and will be used against you to either take your children, or to keep a case open months past when you could of otherwise rid yourselves of these parasites. The word is: Shut up!

This is especially true of your kids. The investigators love to go to the government (public) skool (which should be known as the State Dept. of Ideology) and get the children alone there, and try to get disclosures about any problems at home - arguing, hitting, substance abuse, drinking, spanking, anything. When they come to your home, they will want to talk to them alone there as well. Don't let them do that, whatever you do. Just refuse, and they have to give in.

You should tell the gummint skool that it does not have permission to allow any Social Wrecker to speak to your child without you or a lawyer there. Ask them to notify you if any DCF agents show up for that purpose.

Sometimes, whether in school or home, they will actually strip-search them and look for bruises, the pervs. They will definitely look for disclosures that they can twist into ugly sounding abuse against you, in order to justify keeping a case open, or even taking your children.

Whenever they can interview the children alone, they will try. Since you were not in the room, the social workers can twist anything the children said in their reports, without fear of contradiction.

Can you tape them when they come in to your house? Only if they are informed that they are being taped. It is a serious crime to not tell them, with a penalty of up to $10,000 and years in jail for violation. (M.G.L. Ch. 272 Section 99) So, put a tape player out on the table, and tell them you are recording. They will likely have a conniption, but you should stick by your guns. They will twist everything you say, so you need it to prove you didn't threaten them, or were cooperative when they later say you were not. If they object, ask them why, if they are going to be above board, they would worry about a recording. Tell them you will give them a copy, so they can be assured of an honest recording.

The investigator will want all kinds of information from you and your spouse or partner. If you are going through a divorce, or are going through a bad time, and you are tempted to bad-mouth the other parent - Don't. You might think you are "getting" the other parent, but you will find you did yourself in. They will hurt you right along with the other parent. Here is how: If you accuse the other parent of abuse, they almost always nail you for neglect, for not stopping it.

The only sure strategy is to hang together, parents and children, against the common enemy, the DCF invader. Just give the social worker the minimum amount of information you can get away with. Never admit to any abuse. Just deflect questions about it. And, hope you roll out of the way of the fireball.

If the investigator decides, along with her supervisor, to "unsupport" the complaint for abuse or neglect, that means that they have no basis for a case, and your nightmare ends right there. They will close the case, and you are done.

If they do "support" it, your nightmare begins. Even though they may have not stolen your children, and seem to be leaning toward keeping the case as an administrative one, they can change their mind at any time and go to court. This happens most often if, during the year or so they are into your life, you do something to provoke the delicate sensibilities of the social worker, and they react by busting you and taking you to court.

Fair Hearing

If the case is supported, the DCF sends you a letter, telling you that you can appeal that finding at the fair hearing office in Boston. You have 30 days to send a quick one-sentence letter telling them you are appealing it, and want a co-called "fair" hearing, alluded to above. Do so!

Then, they will send you a letter back telling you they don't have enough personnel to give you one within the time required by their regs, i.e. 90 days. Of course, if you don't abide by their regulations, you are toast. They skate. Anyway, at some point you will get to challenge the case at an unfair hearing at a local area office. How to actually conduct and win an unfair hearing against DCF is quite complicated, and is an issue for another day. I am preparing a "Win Your Own Case" program to help people do that themselves, which should be available soon

The Assessment

The next interloper to invade your home is called an assessment worker. This person will come to your home three times, by regulation, and try to pry out every last fact about your family, present and past. She will ask about your upbringing, any abuse in your family when you were a kid, whether your parents drank, etc. Just don't answer, or say, "I don't think so", or "I wasn't aware of any."

They will want to "map" your family, so they can be identified and visible to all data bases they have, and can continue to prepare to control every possible aspect of every family in America.

Technically, after this assessment, the worker can ask for the case to be closed, but they rarely do, even if you have given them ample basis for showing that the allegations are bogus.

Before participating in an assessment, I always ask that I have the entire case file first. That person is holding a file with all kinds of info about your family and the allegations, as well as what lots of other people said about you and your family. And you don't have a clue about any of it. It puts you at a huge disadvantage, because the assessment worker may try to test you by asking about allegations you have never heard of.

You will have to send a written request to the area director to get the file. When you demand that you want the file before starting the assessment, suddenly the sluggards in the records department will find a way to get it to you right quick.

When the assessment is done, write again to the area director and ask for the assessment report too.

Service Plans

At some soon point in the administrative case, either the assessment worker or the next character described below, the ongoing social worker, is going to present you with a multi-page document called a "service plan." It has a description of the problem that brought this case to the attention of DCF, and a list of trite, stupid, and sometimes dangerous things you must do to comply with DCF's view of what you must do to "fix" your life.

In an administrative case, these are pretty important to deal with, because compliance often means they will close the case. If the case is in court, it is even more important, because the judge may decide that your failure to complete the tasks on the service plan may mean that you are an unfit parent. Absurd, but true.

The plan may contain requirements that you get drug screens, that you have to go to a batterers class, that you go to a whiny-women victim group and kvetch about how evil men are, that you attend AA or NA, that you go to counseling or therapy, that you get a psychological evaluation, that you stop spanking your child, and the like. These things are supposed to "fix" you and your problems, like you are a machine. They rarely do.

The plan is also supposed to be jointly developed between you and the social worker, but they generally couldn't care less what you think, and don't bother. They just impose it unilaterally, cuz they know what's good for you.

Q - Do you sign it? That depends on a lot of things, which this short essay cannot fully explain. Just know that the plan is coming.

In general, the approach that you should use is to do as many of the things on the plan on your own, without giving information to the social worker. In reality, that information can and will be used to continue to keep a case open against you, or, if your case is in court, will be used by the DCF lawyers for trial prep in their case against you. Do the stuff yourself, but don't give releases to DCF for them to get it. These are sophisticated tactics, and their use will probably require some professional legal guidance.

Ongoing Social Worker

After the assessment drone is gone, then comes the ongoing social worker, or workers. There may be several in succession during the time your administrative case is open. They have large turnover at DCF.

As to how to deal with the social workers, just remember that they want to be needed. Think about it. They went to college to learn a profession where they thought they would be helping families. But now, as a DCF thug, they are in a totally adversarial relationship with every family they deal with. EVERYONE hates them with a passion. They don't like it, and who would. So, they take it out on you. You better need their tender loving care, or else!

The funny thing is, even if you are a drug addled crack whore, if you give the social worker some respect, and do all the dopey things she wants you to do to "fix" your miserable life, she will treat you better than if you are an independent person who does not want or need her around. Of course, most people don't feel that they need or want the help. But if you let the social worker feel like she can "fix" you, she may be happy, and take her thumb out of your eye a little bit. So, let 'em think she is doing that.

Be polite. Actually show some respect, and bite back on your sassy tongue. Put on some tea, and be friendly. Talk about some good points she has taught you, and what you have learned through the wonderful process of having your family invaded by DCF. They may go away a lot faster. It is just human nature.

Closing the Case

The question most on your mind is probably, "How do you get the case closed and make the social worker go away?" That is a book unto itself, and would take more room than we have to explain. By doing the things that I have suggested, you maximize your chances of making them go away faster, and minimize the time they will be involved with your family.


For Attorneys

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