New Bedford, MA. My client has an open case with DCF (she has custody). Can they take custody for service plan issue?

Asked over 2 years ago - Brockton, MA

Mom has custody of child (3 months old). Case was opened due to mom being prescribed Suboxone while pregnant. Dad is in the picture, is a sex offender due to dating a 15 yr old at age 18. DCF put in service plan that dad could see child with mom and one other adult present. After one month (per "supervisor") worker is now stating she wants DCF supervised visits only for dad. Mom does not agree, DCF states they will take ":action" if she does not agree. Mom is in an independent housing program, has beautiful apartment, case manager, counselor, support, clean for over a year, great mom. Dad has counselor, documented clean urines for last 2.5 months, good support, great dad. Should mom agree to this new plan? What are the chances they can actually get custody of the child?

Attorney answers (3)

  1. Michael L Rich

    Contributor Level 17


    Lawyer agrees


    Best Answer
    chosen by asker

    Answered . It is gratifying to see a program director concerned about her client's interactions with DCF. As Atty. Golden suggested, you and your client should consult with your client's care and protection attorney. The client should not be signing service plans without consulting with her lawyer.

    Her lawyer should have a better sense than we do of what the possibilities are of DCF getting custody if the client doesn't agree to DCF's insistence that dad have only supervised visits as well as how to prevent DCF from getting custody if the client chooses to resist DCF's demand and DCF is not willing to renegotiate it.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this... more
  2. E. Alexandra Golden

    Contributor Level 19


    Lawyers agree


    Answered . Assuming that you're an attorney, I strongly suggest that you contact the local CPCS office and strategize with an experienced attorney in the CAFL unit.

    E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are... more
  3. Henry Lebensbaum

    Contributor Level 20


    Lawyer agrees


    Answered . Dcf can - speak to supervisor, regional director or its ombudsman

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

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