How long can a 51a stay open in Massachusetts

Asked over 1 year ago - Leominster, MA

an anonomus call was made to the dcf that I was neglecting my son not both of my kids but only one and that I was smoking pot with him the agent interviewed the doctors,dentist school, and all was good but he wants a drug test from both of us there are no signs of neglect or anything does he have a supported case

Attorney answers (4)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . I am sorry that you are going through this, an investigation can stay open until they resolve it if there is reaonable cause, you should not be concerned about the time, either there is reason or there is not. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Melissa Anne Levine-Piro

    Contributor Level 14


    Lawyers agree

    Answered . I agree with Attorney Lewis. When a 51a is called in DCF will do an investigation and screen it in or screen it out. If it is screened in then it can stay open until everything is resolved. DCF is merely doing its due diligence in making sure there truly is no abuse or neglect of minors.

    Melissa Levine is a licensed attorney in Massachusetts. All answers are based on Massachusetts law and should not... more
  3. Henry Lebensbaum

    Contributor Level 20

    Answered . Usually, as I recall, it is about 60 days after which it is either
    substantiated or not.

    What is the problem?

    Does this answer your question?

    henry lebensbaum, esq.

    300 Brickstone Square, Ste 201

    Andover, ma 01810

    (978) 749-3606

    420 Common Street, Ste 101

    Lawrence, MA 01840

    (978) 685-2690

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  4. Robert Winford Carpenter

    Contributor Level 13

    Answered . At this point it appears that DCF is awaiting drug test results from you and your son, and the case will remain open until the results are analyzed and you have completed any other tasks they have requested. If you feel the drug test results are not going to be in your favor I suggest consulting with an attorney experienced with DCF cases.

    This is not legal advice until I am retained and have reviewed all facts about your situation.

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