KT, a 48 year old male graphic designer, was accused by the 5 year old daughter of a female friend of touching her in her private area. She also said that he had her touch him. The five year old reported this to a social worker (a mandated reporter) who in turn reported the allegation to the Department of Children and Families (DCF). The initial report of abuse was made to DCF on December 10, 2018. DCF conducted an investigation and on January 9, 2019 DCF supported the allegation. KT received a “perpetrator letter” from DCF informing him that an allegation of sexual abuse had been made against him and that after investigation DCF supported the allegation.
KT met with Attorney Robert Lewin from North Andover for an extensive (2 hour) initial consultation. Attorney Lewin explained in detail the Appeal Process – which is called a “Fair Hearing”. KT retained Attorney Lewin. Attorney Lewin – through discovery – obtained full copies of the initial report of abuse (called the 51A report) and the full DCF investigation report (called the 51B report). Attorney Lewin took a full statement of the facts from KT.
In order for DCF to support the allegation there must be evidence and proof that KT was a “caregiver” to the child “at the time in question”. Attorney Lewin prepared and submitted to the Fair Hearing Officer a comprehensive Memorandum setting forth all of the legal arguments in KT’s behalf. In the Memorandum Attorney Lewin argued – among other things – that the evidence did NOT establish that KT was a “caregiver” to the child.