When Does DCF File a SAIN Interview With the District Attorney in Massachusetts?
Автор: Law Office of Kevin Seaver
Загружено: 2021-08-11
Просмотров: 71
Описание:
In this video, Attorney Kevin Seaver explains when the Massachusetts Department of Children and Families (DCF) files for a Sexual Abuse Interview Network (SAIN) interview with the district attorney. DCF must always refer sexual abuse cases to the DA, which triggers potential criminal implications and the Fifth Amendment right against self-incrimination. In certain severe physical abuse cases, including a child’s death, DCF has no discretion and must also refer the case. DCF may also voluntarily refer other serious cases to the DA. Knowing when this happens is critical to protect your legal and constitutional rights.
You’ll also learn:
When DCF is required to refer a case to the DA in Massachusetts
The difference between mandatory and discretionary referrals
How SAIN interviews coordinate with law enforcement and DCF
The importance of your Fifth Amendment rights if referred to the DA
How to protect yourself legally when allegations involve sexual or severe physical abuse
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The Law Office of Kevin Patrick Seaver successfully represents anyone involved with the Massachusetts Department of Children and Families (DCF).
We will represent you and your children anywhere in the state of Massachusetts in cases involving DCF. This includes both in court and out of court representation.
I will prepare you and your children before the DCF home visit. The DCF home visit may include an interview, investigation, or assessment of you and your children. I will be physically present during the DCF visit. I will also be physically present when DCF meets with both you and your children.
One of the biggest mistakes I have seen throughout the years are parents/caretakers trying to represent themselves in fighting DCF.
DO NOT DO IT ALONE.
You and your children should always be represented by a lawyer when speaking to DCF.
https://kevinseaverlaw.com/ or call our office at (617) 263-2633
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This video is not intended as legal advice and does not create an attorney-client relationship. Please consult a lawyer regarding your legal issue.
Transcript:
When does DCF file for a SAIN interview with the district attorney in Massachusetts? DCF has two separate, distinct and apart ways that they file with the DA. One is where it's mandatory, they have no discretion. They must file with the district attorney. This happens with each and every sexual abuse case. So as soon as you hear allegations against you that there's possible sexual abuse, immediately think of not only DCF, but also law enforcement. And that triggers what? Your Fifth Amendment right against self-incrimination. Soon as you hear sexual abuse, you better think criminal, and it's possible jail time, criminal charges. That's a whole different ball of wax than just DCF, the Department of Children and Families in Massachusetts. So beware of that. On the other hand, there's non-discretionary referrals to the SAIN interview and the DA in Massachusetts. The department can refer any case they want to the district attorney, and sometimes they do. Now in certain horrific physical abuse cases, they also have no discretion, where there's a major injury that occurs. They must refer it to the district attorney, such as when there's a death of a child, which makes sense. Think to yourself if you're a parent or a caretaker, you're involved with such a situation, think criminal. Again, think Fifth Amendment right against self-incrimination. Think about not talking to anybody until you get yourself a lawyer to speak to you about the allegations, about your constitutional rights.
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