If you’re searching this question, you probably have a child or know someone who has had their child taken into custody by the Massachusetts Department of Children and Families (DCF). You likely want to know how long DCF can keep a case open and when you might be able to reunite with your child.
I know this can be an incredibly difficult and emotional situation for any parent. As an experienced family law attorney, I assist many clients who are trying to navigate the complex child welfare system and work towards reunification with their child.
Here’s what Massachusetts law says about how long DCF can keep a case open:
- The court that initially committed the child to DCF must hold a permanency hearing within 12 months.
- After that, permanency hearings must happen at least once every 12 months for as long as the child remains in DCF custody.
- At these hearings, the judge reviews DCF’s permanency plan for the child. This covers options like returning to the parents, adoption, or other permanent placement.
- The judge decides what is in the best interests of the child when it comes to custody.
- DCF can keep a case open as long as the court keeps finding at the annual hearings that DCF custody remains best for the child. There is no set time limit.
- Children over 18 who voluntarily stay in DCF care also get annual permanency hearings.
- Parents, children, DCF or others can appeal a judge’s permanency hearing decision within 30 days.
So in short, DCF can keep a case open indefinitely as long as the court agrees. But that doesn’t mean you can’t challenge DCF and aim for reunification as soon as possible. An experienced attorney can help advise you on your rights and options at each stage.
If you want to discuss your specific situation, please reach out. I may be able to help you work towards faster reunification through steps like:
- Guiding you through the permanency hearing process
- Helping ensure DCF is making reasonable efforts towards reunification
- Appealing if the judge’s decision seems improper
- Negotiating with DCF for additional visitation or a transition plan
- Connecting you with services and providers that can facilitate reunification
Don’t assume that DCF will have custody indefinitely. With proper legal guidance, many parents are able to reunite with their children sooner than they imagined possible. Contact me to explore how I may be able to help your family.