Chapter 10. The Department of Social Services

1.What is the Department of Social Services (DSS)?

The Department of Social Services (DSS) is the state agency responsible for protecting children and helping families.

2.How does DSS get involved with my family?

DSS might get involved with a family when someone reports that a child is at risk of abuse or neglect by a caregiver. This is called a "51A report" (after the Massachusetts statute, M.G.L. ch. 119 s. 51A). DSS can also get involved with your family if you voluntarily request their services. It is important to remember that removal of your children is a possible outcome of your dealings with DSS. And, DSS can make referrals to the District Attorney for criminal prosecution if they believe a crime has been committed.

3.Who filed the report?

DSS can't tell you the name of the person who reported you. Reports may be made anonymously (by someone who doesn't give a name). Many professionals who come into contact with children through their work, such as doctors, teachers, and day care workers, are required by law to contact DSS and file a report if they think a child may have been abused or neglected. These people are called "mandated reporters."

Although the DSS worker cannot tell you who reported, he or she must be as specific as possible in telling you what they have been told. Sometimes you can figure out who made the report. If you think your abuser has reported you out of anger or for revenge for leaving him, tell the social worker this suspicion.

4. In general, how should I deal with DSS?

DSS has a very serious job - protecting children. Doing that job sometimes means removing children from their parents. It is important to remember that removal of your children is a possible outcome of your dealings with DSS. You should avoid unnecessarily upsetting DSS (for example, swearing at your worker). This is a difficult time. You may be angry at what you feel are false accusations and judgments by strangers, but remember what the worker is trying to do - protect your children. Also remember what the worker is capable of doing - taking your children away from you. If you don't cooperate with DSS (for example, if you don't call back or you miss your appointments) they will not view you in the best way possible and they may hold it against you.

What you say to DSS is not confidential. Anything you say to your worker can be used in a court case. DSS cares about everything that affects your child - whether it is the party your sister gives while babysitting or your abuser's pushing and shoving. They want to know what efforts you are making to deal with things that they think are harmful to your children.

5.Can DSS take my children if I don't know that someone has reported me?

If the report describes an emergency, DSS may bring it to a Juvenile Court judge to get permission to take your children without notifying you ahead of time. If this emergency procedure is used, you may not know about the report until the police come with the social worker to remove your children.

6. What should I do if DSS takes my children without telling me first?

Call your local Juvenile Court to find out when DSS is going to bring your case before the judge. Sometimes DSS goes to court immediately after taking your children. You should attend the identification hearing (arraignment) if possible and ask to have an attorney appointed for you if you cannot afford one. You have a right to a hearing within seventy-two hours on the issue of whether your child would be in danger if left with you until there is a full hearing on the case. Be sure to go to court for your hearing.

If you are low-income, you will get a court-appointed lawyer. Your child will also be appointed a lawyer at no cost to you. You might be able to get a lawyer before your court date; call or go to the court and ask for a court-appointed lawyer.

7.Does DSS file criminal charges?

No. DSS does not file criminal charges, nor do they have the power to arrest. However, if DSS supports a report of sexual abuse, serious injury, or death, the law requires them to notify the District Attorney. The District Attorney has the authority to file criminal charges.

8.Does DSS listen to every report?

Every report of abuse or neglect is either "screened in" or "screened out." Sometimes when the worker is sure the report is false, the report can be screened out. The report can also be screened out if the reporter calls about something outdated, for example, an event that happened five years ago and he or she has no new information. DSS is required by law, however, to investigate every "screened in" report.

Screening in a call does not mean DSS believes there is abuse or neglect. It just means a worker will be assigned to investigate the report to see if it is true or false.

9.Can I read the report?

You have the right to ask to see a copy of the "51A report" and the summary of the investigation (called a "51B report"). You can send a written request to the DSS Regional Director. (Check with your local DSS office for the address of the Regional Director.) Make a copy of your request for yourself.

You will either receive the report(s) or a written denial of your request with the reasons for the denial. It takes some time to get a response. If you get the report, the name of the person who reported you will not be on it.

10.How long does an investigation take?

If DSS determines there may be an emergency, a worker will investigate the report within twenty-four hours. In a non-emergency situation, DSS must finish the investigation within ten days of the date of the report.

11.Do I have to talk to the social worker?

You have the right to refuse to participate in an investigation as well as the right to refuse permission for the social worker to enter your home. However, if DSS believes that your child is in immediate danger, they may try to get the police or courts to help them so they can see your child. Refusing may make them suspicious. Try to talk to an attorney or advocate before you decide not to cooperate with DSS. "Non-cooperation" is not looked upon favorably by DSS.

12.How should I handle the investigation?

Ask what the specific charges are. Try to stay on the topic of the specific charges. The worker may say things that may make you upset. Try not to lose your temper. Take notes if it is helpful.

The worker may want you to sign "releases" for information. Read everything over carefully. Do not sign anything that you do not understand. You can ask to have these releases reviewed by a lawyer before you sign. You can ask to keep the releases so you can speak with a lawyer and turn the releases in within the next day or two. It is especially important for you to talk to a lawyer if you know that things have been going on that DSS will not approve of (for example, you know you have a serious problem with alcohol or drugs, you have been engaging in criminal activity, you have been abusive to the children; remember that DSS can refer matters to the District Attorney for criminal prosecution). If you choose to sign releases, sign only completed forms that specify the person and information requested. You can also specify a time period after which the release will expire. Get copies of everything the worker wants you to sign.

13.What happens during an investigation?

In a non-emergency investigation, you are usually contacted by a social worker. This worker must complete an initial investigation within ten days. In this investigation, the worker is trying to find out if your children are being abused or neglected. If the social worker comes to your home, it is a good idea to have an advocate or friend present. Ask that person to take notes of what happens. The social worker will want to discuss the allegations, or claims, in the report. However, the investigation may touch on other things that were not mentioned in the report. The discussion may focus on almost any part of your life. The social worker might want to see the children in your home, particularly the child about whom the report was made. The worker may also examine your home. They may also talk with day care workers, relatives, doctors, and other people who may know something about you and your children.

After this initial investigation, DSS has to make a decision about whether the child is being neglected or abused. Be aware that DSS can "support" the abuse or neglect even if the specific incident that started the investigation turns out not to be true, if, during the investigation, the worker finds any condition that he or she believes puts your child at risk. For example: a nurse reports a bruise on your child to DSS. The DSS investigator finds your child got the bruise during recess at school. However, DSS also learns from the child that there is domestic violence in your home. The worker may support the report.

14.What happens after the investigation is completed?

DSS will either "support" or "not support" the original 51A report. An unsupported report means that the DSS investigator found no evidence that your children were abused or neglected. A supported report means that the DSS investigator believes there is evidence tending to show that your children were abused or neglected or at risk of abuse or neglect. You should receive a letter telling you whether the report was supported or not.

15.What if the report is supported?

If the report is supported, DSS will begin an “assessment” of your family. (See Question 17). DSS can do a number of things during this time:

• DSS may offer services to your family.
• DSS may ask you to agree to voluntarily place your children in foster care. If the social worker asks you to sign a "voluntary placement agreement,” ask for the chance to talk to a lawyer or advocate before you sign.
• If you refuse to sign a voluntary agreement, or DSS decides that your children are at immediate risk, DSS may go to Juvenile Court to try to get custody of your children. You have a right to have an attorney for this court proceeding, called a "Care and Protection" case, even if you cannot afford one. The court will appoint an attorney for you and a different attorney for your children. The father of your children also gets an attorney.

16.Does DSS always go to Juvenile Court for custody if the report is supported?

No. DSS may start a "Care and Protection" case in Juvenile Court to get custody, or want you to sign an agreement to place your children in foster care, but more often DSS will begin an "assessment" of your family.

17.What is an assessment?

A DSS assessment is done to determine if your family needs services and who can best provide those services. At this point, you will get a different social worker to handle your case. (The first social worker was the investigator.) The social worker uses the assessment as an opportunity to get to know you and your family. This is a good time for you to find out what DSS offers and whether your family could benefit from those services. This assessment must be completed within forty-five days from the date of the decision to support the report. The end result is usually a "service plan."

18.What is a service plan?

DSS is required to provide services to help strengthen and/or reunite families in which an abuse or neglect report was supported. This is true whether your children remain in your home or are placed in temporary foster care. Services may include: day care, parent-aides, counseling for you and your children, and parenting education.

The plan will describe the services you are to receive as well as what you will be expected to do. You are expected to comply with your service plan if you sign it. It is important to understand what is expected. A service plan can be used in court to show what you agreed to do and what services were offered. If you refuse services or are unable to participate in them, DSS may seek custody of your children on the grounds that you failed to accept necessary services, or you accepted them but failed to do what the service provider expected of you.

You may wish to contact a lawyer or advocate before signing your service plan. Work out the terms of the service plan before signing. For example, if you don't have transportation to do what is asked, or if you think too many appointments are being asked at the same time, discuss these problems with your worker. If you later find you are having trouble meeting the service plan, ask to revise it. Don't just stop doing what you agreed to do without having a meeting, or at least putting in writing to DSS why you feel you have to stop.

19.I don't like my worker. What can I do?

You should try to have a good working relationship with your worker, but remember, a working relationship is not a friendship. It will not reflect well on you if you can't get along with your worker. However, if there is a real problem, ask to speak to your worker's supervisor. Be specific about your complaints. DSS also has Domestic Violence Specialists that you can contact. You should remember that DSS takes "failing to cooperate" very seriously. Try to resolve any issues you have with your worker instead of avoiding them. You may need your worker as a resource in your Probate and Family Court case (for example, to show the court that your abuser should not have custody because your child is afraid of him).

20.My worker has said I have to get a 209A protective order. Do I?

Sometimes a DSS worker may urge you to seek a 209A protective order so that the abuser is ordered to stay away or stop abusing you. If you feel that an order would help you, then you might want to meet with a SAFEPLAN advocate or a shelter advocate to talk about it or go right to the courthouse yourself.

On the other hand, if your worker is insisting on your getting a 209A protective order and you think this is something that will make you unsafe, explain this to him or her, the worker's supervisor, and/or a DSS Domestic Violence Specialist. Ultimately the decision whether or not to seek a 209A protective order is yours. If DSS still insists that you seek an order you might consider telling the judge that DSS asked you to get a 209A protective order. The judge may not be happy that the order was not your choice and may not grant it. However, DSS could attempt to remove your children from the home if you do not figure out a way to protect them.

21.My worker has said if I go back to him, I will lose my children. What should I do?

If DSS is wrong in their judgment (if your boyfriend or husband is not a danger to you or your children), try to show them their mistake. But if you cannot convince DSS to change its position, you have a tough choice to make. If you get back together and DSS thinks it is bad for your children, DSS may ask the court to give them custody in a "Care and Protection" case. It is up to the judge to decide who gets custody, but having DSS against you makes it difficult to win.

If DSS is trying to take your children in a Care and Protection case, you should have an attorney (the court will appoint you one if you cannot afford to pay). If you intend to go back to your boyfriend or husband, against DSS’s recommendations, be sure to discuss this decision with your lawyer.

22.My worker has said I have to go to counseling. Do I?

It is generally advisable that you cooperate with reasonable requests. If DSS wants you to join a support group, it can be useful to talk to other women about what goes on in your home. Being in a battered women's support group can also help you decide what’s best for you and your children.

Going to a mental health counselor does not mean you are "crazy" (as your abuser may have been telling you for a while). It is not a bad thing to have someone to talk to about things that have gone on in your relationship. It is more appropriate to "vent" to a therapist than to your DSS worker.

Remember, however, that if you signed releases, the therapist might be reporting generally to DSS. The therapist could also be called to testify in court. It is important to discuss this issue of confidentiality with the therapist, because the normal "privilege" of confidentiality does not apply in a child custody matter. Therapists are also "mandated reporters" which means they have to tell DSS if they think your child is at risk based on things you reveal in counseling (for example, you tell the therapist your abuser is hitting your children.) Note that battered women's shelter counselors are also "mandated reporters" under the law. You should discuss with them their understanding of this obligation.

23. He is threatening to report me to DSS. What should I do?

Abusers sometimes retaliate by calling DSS. For example, your abuser may call DSS and lie, telling them you are neglectful with your children or that you are an alcoholic. When DSS investigates and finds out his claims are not true, they can also learn from the investigation about his abuse.

It is usually best to cooperate with DSS under these circumstances. (Let him be the one not to cooperate when DSS wants to visit his home, make an appointment, or give him a service plan). Tell the worker what he has done. Try to be as calm and as organized as possible. Try to have a friend or advocate with you. DSS may first think of the situation as a "he said, she said" case, but gather your evidence for them. Ask to speak with a DSS Domestic Violence Specialist.

Understand that if DSS learns that the children are being exposed to violence and abuse, they will want to see you deal with it. (See questions 20-22).

24. He reported me to DSS with lies and then filed for custody in Probate and Family Court and told the judge I was in trouble with DSS so he could get custody. What should I do?

Tell the judge his report was not true and was an attempt to further abuse you. If DSS has not filed a Care and Protection case to try to get custody of your children in Juvenile Court, tell the judge that. (See Questions 13 - 16). Again, if the things he has told DSS are not true, it is usually helpful to cooperate with DSS so that they can see that for themselves. (See question 4). DSS can tell the judge that the report was unfounded and/or recommend to the judge that the children should remain with you after they learn all the abusive things he has done. (DSS does not like to be in the middle of custody battles. However, the judge can, and often does, ask for the worker's opinion as to what is best for your child.)

25. Can the Probate and Family Court judge involve DSS on his own?

Yes, if either one of you filed something that caused you to get into Probate and Family Court and the judge listening to your case gets concerned, he may order that DSS take temporary custody of your children, even if neither one of you wants that. For example, if the Probate and Family Court judge hears your partner say that you drink too much and hears you say that your abuser is a very dangerous person, he may feel the family environment is too unsafe for your child and call DSS to take custody right away.

You have a right to an attorney if this happens. Ask the Court to appoint one if you can’t afford one by filing a motion and a financial statement. [Note that this could also happen in District Court, for example at a 209A protective order hearing, if that judge feels the children are at risk.]

26. The Probate and Family Court judge just said he is considering giving custody to DSS. What should I do?

If you can convince the judge that what your abuser has said is untrue, do so. For example, if you don't drink and your mother who is in the courtroom can say you are allergic to alcohol, tell the judge (or, another example, show the judge that you are rehabilitated and go to AA regularly). If he makes the decision to place the children in DSS custody, you can ask for five minutes and make an emergency Motion for Reconsideration of the decision. You can also request an attorney again. You also have a right at this point to a temporary custody hearing within 72 hours; you should have an attorney help you decide if one would be helpful at that time.

If the judge's decision stands, work with the assigned DSS investigator. The investigator can decide that your child stays in your home (even though DSS has legal custody). DSS can also go back into court as soon as it is discovered that there is no reason for concern and no reason for them to have custody, and request that custody be returned to you or a third party such as a relative.

If DSS agrees with the judge that there are some concerns, it may take some time for you to regain custody of your children. There will most likely be an assessment period (forty-five days) and a service plan developed (which can be months, even years, in duration). Do your best to cooperate with DSS.

27.I didn't do anything. Why is this case open on me?

DSS knows that witnessing domestic violence is harmful to children (many studies have supported this) and DSS’s role is to protect children. You don't choose to be abused, and you don't have control over the violence. But, DSS opens cases in the name of the parent with custody (the "custodial parent"). They will label this type of case a "neglect" case, because you are "neglecting" your children by exposing them to the abuse. DSS should try to help keep your child safe. DSS should understand your need to be safe, too. Your worker should try to help you and your child without blaming you for the abuse. If this situation applies to you, make sure that the DSS Domestic Violence Specialist is involved.

28.Can I disagree with DSS?

If you disagree with DSS, you can tell your social worker and his or her supervisor about your disagreement. You can also tell the DSS Domestic Violence Specialist. You can submit a written statement with facts you think are important and ask that your statement be added to the case file.

29.Can I appeal a DSS decision?

A "Fair Hearing" is an opportunity to dispute certain DSS decisions or actions (under 110 CMR 10.06). For example, you can request a fair hearing if:

• you want to appeal the supported findings of an investigation;
• you want to appeal DSS's record of your name on the "Registry of Alleged Perpetrators" as the caretaker who allegedly abused or neglected your child;
• you did not receive notice about services that were reduced, suspended or terminated;
• you disagree with a reduction, suspension or termination in services; or
• you think DSS did not follow a regulation which caused you substantial harm.

You should consider talking to a lawyer about whether you should pursue a Fair Hearing.

30. How do I get a Fair Hearing?

File a written request for a Fair Hearing with the DSS Fair Hearing Office within thirty calendar days of the decision with which you disagree. The request should include your name, address, phone number, the name of your child, the name and address of the DSS office, the decision you want to appeal, and the date of the decision. You must also send a copy of your request to the area director of the DSS office where the decision was made. Keep another copy of your request for yourself.

If you lose the Fair Hearing, you may want to talk to a lawyer about how to appeal and whether or not you should appeal.

31.What about other DSS decisions or actions not covered by Fair Hearing?

All other complaints may be appealed through the "grievance process." For example, you could "grieve" the conduct of a DSS employee. To start a grievance, you must file a written complaint within 30 days of the action or inaction you are complaining about. You should file the complaint with the Area Office, Regional Office, Contracted Provider Agency, or Foster Care Review Unit with whom you have the complaint. Include any facts or arguments you want DSS to consider when they review the matter. A written notice of the DSS decision will be sent to you within 21 days.

32.Is there any other place for DSS questions or concerns (or what is the DSS Ombudsman's Office)?

The DSS "Ombudsman's Office" is set up to serve clients and foster and adoptive parents who feel they have not been treated fairly by DSS. It is for people who have tried to resolve a conflict at the area office and are still unhappy. Staff at the Ombudsman's Office can mediate disputes. The phone number is (617) 748-2000; ask for “The Ombudsman’s Office.”