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Frequently Asked Questions

General

What is the Department of Children and Families (formerly the Department of Social Services)?

  • The Massachusetts Department of Children and Families is the state agency charged with strengthening families, where child abuse or neglect has occurred.
  • The Department receives and responds to reports of child abuse and neglect that are filed by mandated reporters, including law enforcement, medical personnel and schools. Anyone, however, can report abuse or neglect to the agency.
  • There are currently 10,000 children in foster care across Massachusetts and more than 40,000 children in all served by the Department. With the understanding that every child is entitled to a home that is free from abuse and neglect, the Department’s vision is to ensure the safety of children in a manner that holds the best hope of nurturing a sustained, resilient network of relationships to support the child’s growth and development into adulthood. Programs through the Department of Children and Families include foster care, adoption, adolescent services and domestic violence services.

What does the Department of Children and Families do when there has been a report of abuse or neglect?
The Department of Children and Families determines (based upon the initial report) if an emergency situation exists and workers should be sent out immediately; or if the allegations are not of an emergency nature at which point the department conducts an investigation into the allegations. After its investigation, the department decides what, if any, services the family needs.

How does the Department of Children and Families usually become involved with a family?
The Department of Children and Families usually becomes involved with a family after receiving a report of suspected abuse or neglect. However, a family may also request voluntary services directly from the Department or from the courts through a CHILD in Need of Services (CHINS) request.

The 51A Report

What is a 51A Report?
Anyone who suspects that a child is being abused or neglected may file a 51A report. When someone files a 51A report with the Department of Children and Families, the department must make a decision to either “screen in” or “screen out” the report.

Who can make a report of child abuse or neglect?
Anyone who believes a child is being abused or neglected can make a report. These reporters are either "mandated" or "non-mandated" reporters. However certain professions are required by law as mandated reporters to file a 51A with DCF if they suspect abuse or neglect. Such professions include: medical, schools and law enforcement.

What is a mandated reporter?

  • A mandated reporter is a professional who has "reasonable cause to believe" that a child under the age of 18 is suffering physical or emotional injury as a result of abuse or neglect.
  • Mandated reporters include doctors, child care providers, teachers, and others who are required by law to make reports. A mandated reporter MUST file a report with the Department of Children and Families if he or she has reason to believe that abuse or neglect has occurred. For example, if a child often arrives at school late or falls asleep in class, the teachers might suspect that the child is being neglected. A pediatrician might notice signs of malnourishment or an untreated illness that should have received attention long ago. A police officer might see young children on a playground after dark with no adult supervision. Or, a day care provider might see unexplained bruises when changing a diaper. All of these persons would be required to file a 51A report with the Department of Children and Families.

What is a non-mandated reporter?
Non-mandated reporters are generally professionals who are not required by law to make reports. These individuals could be neighbors or relatives who have concerns about children.

Can the person who made the report be identified?
No. By law, the name of the reporter must be kept confidential.

Do people have to leave their names when making an allegation of abuse or neglect?
No. Mandated reporters will leave their names, but the Department of Children and Families accepts anonymous reports. Whether the caller identifies himself/herself or not, the Department of Children and Families is obligated to take the report.

What is in the 51A report?
The 51A report will contain detailed information regarding the caretaker, the children involved, how they were allegedly abused or neglected, and information about any other children and family members in the home.

What is a "caretaker"?
A "caretaker" is not limited to a parent or guardian. A caretaker is anyone who has responsibility for a child's health and welfare. This means that a caretaker could also be a child's grandparents, babysitters, or even teachers, school bus drivers, and camp counselors.

What does it mean when a 51A report is "screened in"?
A "screened in" report means that the Department of Children and Families believes that some abuse or neglect by a caretaker may have taken place and the allegation requires further investigation.

What happens if the report is not screened in?
The report is "screened out," and no further action is taken by the Department of Children and Families.

What does it mean when a 51A report is “screened out”?
A report will be "screened out" if the actions that are being reported are not considered "abuse" or "neglect" as defined by law or if the abuser is not a caretaker of the child.

The 51B Investigation

What is a 51B investigation?
If the 51A report is "screened in," the Department of Children and Families will conduct an investigation called a "51B" investigation.

What happens when a report is screened in?
The Department of Children and Families will assign a social worker (the 51B investigator) to investigate the allegations. The 51B investigator's approach to the investigation will depend upon whether the 51A report was screened in as an emergency or a non-emergency.

What is an "emergency"?
When a report is screened in as an emergency, it means that the Department of Children and Families believes there is a threat of immediate danger to the life, health, or physical safety of a child.

What will the 51B investigator do during the investigation?
The 51B investigator may visit the home and talk to the caretaker(s), children, and other collaterals (e.g., pediatrician, teachers, after school programs, etc.) to try to determine if there is reasonable cause to believe that abuse or neglect has taken place. The 51B investigator may take the children for a medical examination.

How long does the 51B investigation take?
When a 51A report is "screened in" as an emergency, the investigation begins immediately. The 51B investigator views the reported child and any other children in the home within 24 hours. If, after viewing the children, the Department of Children and Families determines that the children's condition presents an emergency, the report is completed within 24 hours. However, most reports are non-emergencies, which means that the Department of Children and Families has three days in which to view the children and ten calendar days in which to complete the 51B investigation.

Custody

What is "custody"?
Custody is the right to decide where children live, go to school, who provides medical care, and who visits a child. It also includes the right to grant permission for a child to marry, go into the military, and enter into contracts.

Can the Department of Children and Families remove children from their home, and what is that process?

  • Yes. The Department of Children and Families can decide at any time that children are unsafe in their home and can remove them under the following processes:
    • There are two ways the Department of Children and Families can seek custody of children - as an emergency or as a non-emergency. If the Department of Children and Families believes children are suffering from serious abuse or neglect or are in immediate danger of serious abuse or neglect, the Department of Children and Families can immediately remove children from their home and must file a Care and Protection Petition with the Juvenile Court that day or, if the court is closed, on the next working day.
    • In a non-emergency situation, the Department of Children and Families can allege that children are without necessary and proper physical or educational care, or discipline; that the children are growing up under conditions or circumstances damaging to their sound character development; that the children are without the proper attention of a parent or guardian; or, that the parent or guardian, are unwilling, incompetent, or unavailable to provide the necessary care, discipline, or attention. A non-emergency removal may happen in cases where a 51A report alleging abuse or neglect has been filed and the family declines or is unable to accept or to participate in services offered by Department of Children and Families.

Services

What types of program and services does DCF provide?
Programs and services include: Placement services in congregate care and in family settings, Family Support services that assist families in keeping their children safely at home, Domestic Violence services to assist victims with advocacy, counseling and shelter, Adoption services, and case management.

Transitional Care Services

What are transitional care services?
Transitional Care Services are short term placement settings that assist children in transitioning to the community after a period of psychiatric hospitalization. These services are provided by Mass. Health and are limited to children who receive Medicaid insurance.

Foster Care

What are the requirements to become a Foster Parent?

  • In Massachusetts, you need to be at least 18 years of age to become a foster parent.
  • You may be single, married, partnered, divorced or widowed to become a foster parent.
  • You may either rent or own your own home. However, the living and sleeping quarters must be large enough to provide adequate space, privacy and safety for all household members, as well as comply with other state regulations.
  • Your family must have a stable source of income to be able to adequately support all your current household members.
  • You can be at home or work.
  • Your home needs to meet safety requirements and standards, and receive a successful completion of a home study.
  • The Department of Children and Families will complete a Background Record Check as part of the licensing process.

Who are the children in foster care?
The Massachusetts Department of Children and Families has children of all ages in foster care, from infants to older adolescents and from all ethnic and economic backgrounds. Foster parents are especially needed for:

  • Older children and teenagers
  • Children with special needs. These special needs may be developmental, educational and / or emotional.
  • Medically involved children
  • Drug-affected infants
  • Sibling groups
  • Linguistic and ethnic minorities

What is foster care review?
The family, DCF social workers, foster parents and others working with the family meet to review the service plan and discuss progress towards the established goal for each child. In accordance with Massachusetts General Law, Chapter 197, which was established in 1984, each child's case is reviewed every six months to ensure that necessary services are being provided.

What are the requirements to become a Volunteer Case Reviewer?

  • Age 18 or older
  • Commitment to the welfare of children and families
  • Fairness and objectivity
  • Good communication skills
  • Awareness of culturally sensitive issues
  • Ability to encourage active, honest discussion among review participants
  • Participation in a day and a half of pre-service training
  • Available to review at least one case per month
  • One year commitment

For more information, please visit: www.mass.gov/dcf.

Adoption

Is there an age requirement to be an adoptive parent?
In Massachusetts, you must be at least 21 years old to adopt.

How long will I have to wait for a placement?
The length of your wait will depend on when you have been approved, which children are available at that time, and the potential of a match between the child's needs and your ability to meet those needs. Individuals and families seeking to adopt very young children may wait for a significant period of time.

For more information, please visit: www.mass.gov/dcf.

Adolescent Services

Does the Department provide services to adolescents over the age of 18?

  • Yes. The Department provides an adolescent outreach program; a youth mentoring program; a youth employment/internship program; summer employment opportunities in partnership with the Department of Conservation and Recreation; an independent living and support program and a discharge support program.
  • DCF provides educational and vocational support services that include: a state college tuition waiver program; a foster child grant program; an educational and training voucher program.
  • DCF also provides youth development services and housing support.

For more information, please visit: www.mass.gov/dcf.

Domestic Violence Services

Is there a link between domestic violence and child abuse?
Yes. Child abuse and domestic violence often happen in the same family. Children who see and hear abuse can be affected in a variety of ways, even if they are not being physically hurt. There are several risks posed to children who live in homes where a parent is being battered by their spouse or partner.

  • Either parent may directly abuse children
  • Indirect injury to children can occur
  • Children may be neglected as a direct or indirect result of the domestic violence
  • Children witnessing domestic violence can be emotionally affected in a variety of ways.

For more information, please visit: www.mass.gov/dcf.

DCF Kids Fund

What is the DCF Kids Fund?
The DCF Kids Fund, Inc., is a nonprofit 501c3 entity that was created in 1998 to serve as a support system for abused and neglected children in the care of the Massachusetts Department of Children and Families (DCF). Tax-deductible donations to the DCF Kids Fund enable DCF to provide children in care with clothing, toys, books, and holiday gifts. In addition, contributions may be used for a variety of other reasons such as sending foster children to summer camp, giving a college-bound foster teenager a computer to succeed in school, or enabling a foster child to take music lessons or play youth soccer.

For more information, please visit: www.mass.gov/dcf.

Legislation

Federal

What is the Adam Walsh Child Protection and Safety Act of 2006?
This is an act to protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the memory of Adam Walsh and other child crime victims.

State

What is an Act to Protect Children in the Care of the Commonwealth?
In July 2008, Governor Patrick signed a piece of legislation in July entitled, An Act to Protect Children in the Care of the Commonwealth(Chapter 176 of the Acts of 2008. This bill enacts a number of changes that strengthen the Commonwealth's ability to prevent, detect and prosecute child abuse and neglect, along with strengthening the Commonwealth’s commitment to children in the foster care system.

The Act

  • establishes the Office of the Child Advocate (OCA) to ensure that children in the care of the Commonwealth receive timely, safe and effective services and to examine, on a system-wide basis, the care and services provided by executive agencies. The Act requires executive agencies to inform the child advocate when a critical incident involving the death, near fatality or serious bodily injury of a child in our custody occurs. The OCA can investigate and review critical incidents and make recommendations to improve services or to make system-wide improvements.
  • amends the Executive Office of Health and Human Services (EOHHS) enabling statute to require the Secretary in consultation with the Commissioner of the Department of Children and Families (DCF) and the OCA to assess the Commonwealth's long-term and system wide needs for child abuse prevention, detection and prosecution.
  • improves the Department of Children and Families' ability to protect children from abuse and neglect in a variety of ways. The language strengthens the provision for immediately taking a child into temporary custody when DCF has reasonable cause to believe that removal is necessary to protect a child from further abuse or neglect. The Act requires immediate notification to the District Attorney (DA) and local police of all child abuse and neglect cases where early evidence indicates there is reasonable cause to believe that as a result of abuse or neglect a child has died, been seriously abused, been sexually assaulted, been sexually exploited, or where evidence of physical abuse may be destroyed.
  • includes a provision to specifically address the issue of multiple 51A reports regardless of whether the Department investigates those reports. For any case where DCF receives 3 or more 51A reports of separate incidents on a child within 3 months, a regional clinical review is required. For any case where DCF receives 3 or more 51A reports of separate incidents on a child within 1 year, an area clinical review is required. This provision will 'red flag' cases where multiple 51As were filed but attributed to self-inflicted injuries, for an additional higher review. Another section of the law allows DCF to share 51A and 51B reports, including unsupported reports, with other states' child welfare agencies. This will help to detect child abusers who move from state to state.
  • requires anyone requesting an order from a court to withhold or withdraw life support to a child to obtain a written opinion from the treating physician, a second opinion, and an ethics opinion and to present those written opinions to the judge (please note that this was a pre-existing DCF policy that was codified into law). It also requires the judge to seek a recommendation from the child's parent and allows for an interlocutory appeal (while the case is on-going).
  • prohibits the appointment as a child's guardian anyone under investigation for assault or neglect of an incapacitated child. This provision would prevent an abuser from making medical decisions for an abused or neglected child.

Budget (as of 12/08)

What is the budget outlook for the Department of Children and Families?
DCF faced a deficit of $7.2 million based on the FY2009 GAA. DCF also had to reduce spending by $15.2 million to meet Governor Patrick’s 9c target.

What areas are affected by these cuts?
As a result of funding shortfalls, DCF made reductions in cuts to service, personnel and administrative spending. Cuts to DCF spending include:

  • $2.2m in earmarks: 35 of 47 DCF earmarks were reduced, all earmarks in the 4800-0038 services account were reduced by 50% (with some exceptions).
  • $5.3m in congregate care: rollback in statewide utilization of congregate care nearing FY08 levels; intensive foster care services nearing FY08 levels (with some exceptions).
  • $2.4m in lead agencies and regional resource centers: suspension of regional resource center contracts (effective 11.30.08), and reduction in lead agency contracts.
  • $5.6m in community based services: support and stabilization funded at FY08 statewide expenditure level; $400k in new program development eliminated; and $250k funding for the fire setter prevention program eliminated.
  • $5.2m in cuts to DCF personnel: reduction in amount of planned growth in social worker positions; an agency hiring freeze (non-social worker positions); reduction of approximately 100 positions across all levels of the Department; and a freeze to management pay raises.
  • $1.5m in cuts to DCF administrative spending include: limited scope of DCF external review; moratorium on discretionary administrative spending; reduced training institute spending; delayed potential lease space moves; reduced IT capacity; and more.

Will budget cuts have an impact on caseload? Will social workers see an increase?

  • As the economy worsens, there is a greater need for DCF support for families and children.
  • The Commissioner remains committed to reducing caseloads, and if needed, will re-align functions to ensure caseloads are kept at a manageable level.
  • DCF will continue to monitor caseloads and intakes to ensure there are adequate resources at the local level to address any increase.
This information is provided by the Department of Children and Families.