Legal Question in Family Law in Massachusetts

I have been the subject of a Massachussetts DCF investigation regarding sexual abuse allegations made by my (ex-) step-daughter. The DCF Investigator concluded in her 51B report (Disposition Comment), that the abuse allegations are Unsupported. She reported that the child was not credible, not consistent or reliable. A SAIN interview was also conducted which the DCF attended. The Middlesex DA has reported that they are not bringing any charges.

The kink is that the Supervisor overturned the unsupported decision to supported, based on one fact: that the child reported the allegations to three (3) people, her mother, a clinician at the child advocacy center, and the SAIN interviewer. This appears to be just a simple policy decision to overturn an unsupported finding, just because serious allegations were made to three different people.

My first question is:

1. Is it routine for the Massachusetts DCF to make a policy decision always in favor of supporting an allegation, simply because the allegations were made to three people? The investigator did take into accounts all facts and circumstances, but the Supervisor did not.

In reviewing Edward E. v. Dep�tof Social Servs., 42 Mass. App. Ct. 478, 484 (1997), it appears that a policy decision was also made in that case.

My second question is:

1. Are there any experienced attorneys who are aware of this DCF practice, and if so, is there any specific cases of fair hearing or case law that you are aware of that would be useful at a fair hearing?

Last, I also have a GAL appointed in another case (Probate and Family Court) regarding my own daughter. The GAL investigated these sexual allegations as well, and reported his findings to the Court.

My third question is:

1. Although the GAL is required to maintain confidentiality, is the GAL prohibited by any law or court rule from testifying at another (unrelated) case at the DCF? The Trial Court's Standards for Cat. F GAL's seem to indicate that the GAL can be called to testify at any department of the Trial Court. Does the DCF fall under the general umbrella of the Trial Court, as it applies to a Fair Hearing?

Thanks, Ragho

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