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

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. Best answer

    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 site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your area who regularly practices in the subject matter which your question is about. You should develop an attorney client relationship with the lawyer of your choice so that your communications will be subject to the attorney client privilege and have the other benefits of a professional relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific matter as partially described in the question.

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

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  3. 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 for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

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