Advocates push for system of Miranda rights in DCF investigations
Photo | Courtesy of Chris Lisinski, State House News Service
The Massachusetts State House
Aiming to bolster constitutional protections and ameliorate trauma that parents may experience during Department of Children and Families investigations, advocates want to establish a system of Miranda Rights that would mirror police interactions.
DCF caseworkers looking into potential child abuse or neglect would be required to provide parents or caregivers a written summary of allegations -- in a language they can read and understand -- during their first encounter, plus explain the investigative process, under the by-request petition filed by Sen. Sal DiDomenico (S 114). It was filed on behalf of Tatiana Rodriguez, founder and director of the grassroots organization Family Matters First, and is backed by Sen. Liz Miranda.
"The power imbalance is so extreme, these Miranda warnings would be a big step toward creating the system that truly protects children and families," Rodriguez told the Joint Committee on Children, Families and Persons with Disabilities on Tuesday. "These are constitutional rights -- these rights already exist. At a time in the country when people's rights are being stripped away, it is time for Massachusetts to stand on the side of making sure people know their rights and not allowing those rights to be stripped from them."
Before starting any questioning or investigations, caseworkers would also need to read and provide written copies of Miranda Rights, which include the right to remain silent, the right to refuse entry to the home without a court order, the right to legal representation, the right to understand the investigative process, and the right to review evidence, according to the bill.
Those protections are "long overdue," said Kate Nemens, an attorney who testified on behalf of the Massachusetts Child Welfare Coalition. Nemens said it is a "huge issue" that parents are scared to assert their rights over fears of retaliation.
"State intervention is a traumatic and confusing experience for families, and they deserve clear, accessible information about their rights at such a vulnerable moment," said Nemens, who's also legislative advocacy director at the Mental Health Legal Advisors Committee.
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