The Release of Information Authorization and other documents may be attached to the form. HIPAA (Health Insurance Portability and Accountability Act) is a federal law that protects the privacy of your medical records and information. If the child is in DCF custody, a copy of the DCF file shall be disclosed upon written request by the attorney in a CRA case, accompanied by a copy of the attorneys appointment. 110 Mass. 51A. Guide, Incorporation If the screener determines that a child may have been abused or neglected by a caretaker, the case is screened in, and the investigation and assessment will continue under what is known as a 51B Investigation. You can ask for a hearing about whether the DCF documents are needed. 1 At that time, the agencies were named the Massachusetts Department of Education and the Massachusetts Department of Social Services, respectively. The investigation shall include a determination of the name, age, and condition of other children in the same household. The Probate and Family Court has issued a court form that tells you about your rights. As a practical matter, DCF is unlikely to enter a formal finding of neglect or abuse on the facts provided. Although the CBJ statute expressly speaks to agency collaboration with the District Attorneys office, the statute does not independently authorize DCF to release confidential information beyond the limits outlined in this section. When DCF is a party to a Care and Protection petition, the DCF file of the individuals who are the subjects of the proceeding shall be disclosed upon written request by the attorney, accompanied by a copy of the attorneys appointment, or a letter from the attorney indicating they have been retained by a party to the Care and Protection case. It says: If the Probate and Family Court decides that it needs information from DCF to make a custody decision, it must either: You can ask for a hearing about whether the DCF documents are needed. USLegal fulfills industry-leading security and compliance standards. The Department shall treat such call not as a report of abuse or neglect, but rather as a request for information and referral services. You won't find this stuff in theDCF policy manual, but it ought to be there, since most of the social workers use these tactics. A DCF investigator interviews the parents, observing their home is neat and appropriately furnished for a young child. The key statutory language provides: (a) A mandated reporter who, in his professional capacity, has reasonable cause to believe that a child is suffering physical or emotional injury resulting from: (i) abuse inflicted upon him which causes harm or substantial risk of harm to the childs health or welfare, including sexual abuse; (ii) neglect, including malnutrition; (iii) physical dependence upon an addictive drug at birth, shall immediately communicate with the department orally and, within 48 hours, shall file a written report with the department detailing the suspected abuse or neglect; or (iv) being a sexually exploited child; or (v) being a human trafficking victim as defined by section 20M of chapter 233. Information in this release will be made available to individuals with sensory impairments upon request. The parents fire the nanny (obviously) and report the incident to the police. Office of Substance Abuse and Mental Health. c. 62C, 40, contained in . Call today at 781-253-2049 The Crucial First Steps of a DCF "51A Investigation" for Child Abuse or Neglect in MA April 25, 2016 By Nicole K. Levy Prev Post Next Post Click here for another example of a release (prepared by Greater Boston Legal Services. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. This is where it is confirmed the alleged victims of child abuse or neglect. You may be able to get free legal help from your local legal aid program. Read more DCF Children Awaiting Resolution and Disposition (CARD) Data Early in the screening process, the investigator must determine if the reported condition poses a threat of immediate danger to the life, health, or physical safety of the child. If the situation is deemed an emergency, then 110 CRM 4.26 provides: The first priority of an emergency response is to view the child(ren) in question and to determine the condition of any other children residing in the same household. Service, Contact The release or court order must specify which person(s) about whom information can be disclosed. The police contact DCF following a domestic incident. The police contact DCF. A potpourri of Family & Child Protection Issues. The parents set up a nanny cam, and low and behold, they catch the nanny hitting their crying infant. (In rare instances, DCF will enter an unsupported with concern finding of neglect or abuse, where they find no neglect or abuse occurred, but the Department attempts to stay involved with the family. It may sound cynical to be so critical of the Department of Children and Families. a court paper shows that there is an ongoing case about the welfare of your child. J of the claim form that is different than the facility's billing NPI (box 33-A): 01. Technology, Power of DCF Report on New or Updated Policies, Procedures and Guidelines Department of Children and Families - lock_open These reports on DCF's caseload are required by DCF's budget, line item 4800-0015 which must be renewed annually. Policies communicate Department policy and procedures regarding the contract process. Forms library Functions Switch to pdfFiller Integrations Support Support. If DCF is Coming to do a 51A/B Investigation, How Do I know What the Allegations Are? Today, we will talk about the first of DCFs two missions: investigating and protecting children from neglect and abuse. 110 CMR 12.09. BOSTON - The Massachusetts State Senate on Thursday, June 30, passed legislation to ensure stability and oversight of care for the more than 3,000 Massachusetts children involved with the Department of Children and Families (DCF), as well as to ensure protection of the rights of foster parents. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. The courts refuse to intervene in the face of DCF power, or they affirm it because they believe in the DCF philosophy. DocHub v5.1.1 Released! We charge $425 for a 30-minute phone consultation. We charge $425 for a 30-minute phone consultation. Please remove any contact information or personal data from your feedback. The DCF investigator would like screen out the report, stopping the 51A investigation in tracks. 110 CMR 12.10. If the child is detained by DYS rather than committed, and the child is not in DCF custody, a release from the childs parent(s) or legal guardian is required, or there must be a court order authorizing the release of information from DCF. 110 CMR 12.10. DCF is required by law to notify and provide certain information regarding child abuse and neglect to the local police in the city or town where the child resides and the city or town where the abuse or neglect is believed to have occurred. DCF is an invited participant to the Community Based Juvenile Justice Programs (roundtables) pursuant to G.L. The child is "suffering from serious abuse or neglect OR is in immediate danger of serious abuse or neglect and removal is "necessary to protect the child from serious abuse or neglect" (Section 24) This means wounds, broken bones, burns, starvation, or the like. DCF Arlington Tuesday 8:45 am - 5:00 pm 30 Mystic Street Arlington, MA - 02474 Phone: (781) 641-8500 Fax: (781) 646-5172 Office Details DCF, Harbor Tuesday 8:45 am - 5:00 pm 80 Everett Avenue Suite 100 Chelsea, MA - 02150 Phone: (617) 660-3400 Fax: (617) 884-0215 Office Details DCF, Worchester Tuesday 8:45 am - 5:00 pm 151 West Boylston Dr. Gross profit in the fourth quarter of 2022 was $281.6 million compared with $193.1 million in the same period of 2021, driven primarily by increases in the GDSO and Wholesale segments. During the screening process, DCF determines that no emergency exists regarding the child (who is now safe with his or her parents) and that there is no risk of further neglect or abuse, where the parents have fired the nanny. A combination of whiskey aged between 12 and 33 years and matured in lightly charred ex-bourbon American oak barrels, the Midleton Very Rare 2022 Vintage Release delights with decadent flavors and a tantalizing aroma. Florida Statute 39.202, allows the person having legal custody of the child (or the young adult who was in DCF's custody) to obtain DCF records. For more information about HIPAA, go to the HIPAA, Frequently Asked Questions section of the U.S. Department of Health and Human Services website, https://www.hhs.gov/hipaa/for-professionals/faq/index.html, Sample Authorization for Release of Information. The judge must let you object to and challenge ("rebut") information about them in the documents. That's not spying per se. Monday-Friday Suggestions are presented as an open option list only when they are available. A 51A report is generated when DCF receives a report of alleged abuse and/or neglect of a child somewhere in Massachusetts. Not exactly what they thought they were signing up for. You must have JavaScript enabled to use this form. The state Department of Children and Families failed to properly investigate two previous warnings that Bella Bond was being neglected and should not have closed her case in 2013, nearly two years. What can I do if I need a court order right away? Ifyou believe that this page should betaken down, please follow our DMCA take down process, Ensure the security ofyour data and transactions, LA PORTE MIDDLE SCHOOL ATHLETIC HANDBOOK BMS KMS, Verification Of Child Support Income I Verificacion De Lngresos De, Identity A Connecticut DCF investigation must be closed within 45 days. If a child has been committed to DYS care or custody and is in the physical custody of DYS at the time of the request, any DCF documents, records or files pertaining to the child shall be made available to DYS. Code of Massachusetts Regulations Department 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES Title 110 CMR 12.00 - Records Section 12.08 - Release of 51A and 51B Forms 110 Mass. If the child is not in DCF custody, then a signed release from the parent or legal guardian or a court order is required. Follow this straightforward instruction to redact Dcf records request form in PDF format online free of charge: Try all the benefits of our editor right now! Title: Customer Advocate Release of Information (ROI) Location: Boston (Onsite 5 days a week) option after 6 months to work remote one day a week Type: Contract to hire Compensation: $21.00 per . e. Screened out, no neglect or abuse present. Get access to thousands of forms. The Take Away: the Screening Stage of a 51A Investigation is a Critical Moment for Parents Under Investigation by DCF. Forms 10/10, Features Set 10/10, Ease of Use 10/10, Customer Service 10/10. But I have wept with too many good parents who have lost their children, to not be cynical. Theft, Personal Parents of an eleven-month-old boy have taken the child to the hospital three times due to recurring head injuries. Through this language, G.L.c. or viewing does not constitute, an attorney-client relationship. When can DCF disclose information to a child's delinquency attorney or young adults criminal defense attorney? d. Screened in, emergency, subsequent supported finding of neglect or abuse. under DCF investigation for neglect or abuse in MA, highest per capita rate of child neglect and abuse, represents parents and caregivers who are under investigation by DCF, The Crucial First Steps of a DCF "51A Investigation" for Child Abuse or Neglect in MA, 3. Reg. 110 CMR 4.52. Access to these reports is limited by specific criteria in Chapters 39 and 415 of the Florida Statutes (F.S.). The release or court order must specify which person(s) about whom information can be disclosed. There can be video tapes, transcripts, audio recordings at the time of a childs statement of abuse, medical records and such. Subpoena or other Legal Process. The parents tell the investigator that the boy is a climber, who must be constantly prevented from climbing on chairs and tables, after which the boy invariably falls and hurts himself. Authorization for Release of Protected Health Information Authorization for Release of Protected Health Information to DCF Authorization for Release of PHI to DCF-ACR/Permanency Team Types of Record (s) to be released (check all that apply): * Psychiatric Medical Education Psychotherapy Summary Documents Other No Records Retrieved! In all court proceedings in which DCF is a party, a copy of the DCF file of the individuals who are the subjects of the proceeding shall be disclosed upon a request in writing by the Probation Officer indicating that the Probation Officer is assigned to the case. At the hearing the Court may consider the documents according to the rules of evidence. The next step in the investigation focuses on determining whether the allegation(s) should be screened in or screened out. Before discussing the screening process, we should take a moment to note the terminology. What Comes Next: the 51B Investigation, 6. Screened in, non-emergency, some risk of potential neglect or abuse, no subsequent supported finding of neglect or abuse. In all court proceedings in which DCF is a party, a copy of the DCF file shall be disclosed upon a request in writing by the GAL or CASA along with a copy of their appointment by the Court. Click here for print friendly PDF format. For statistical research and audit activities necessary to ensure the integrity and improvement of DCF programs. (my child was not diagnosed with it).It took DCF almost a month to come out.i told the worker the truth I needed prior authorization from the doc.so i did everything on my part.the worker came back & said they investigated . When can DCF disclose information to attorneys appointed or retained in a Probate and Family Court proceeding? The Juvenile Court must enforce the reasonable efforts requirements. Ensure the information you fill in Dcf Release Of Information Massachusetts is updated and correct. Contact the local clerk of the courts office for assistance with records in a particular county. Examples of some of these things can include: the social records, evaluations, psychiatric or psychological reports. 02. 110 CMR 12.09. You can be present, or Once the report is made the report is supposed to Alexander has represented thousands of clients in a variety of court cases (criminal, juvenile, family, divorce, DCF, probate, etc.) 12.08 Download PDF Current through Register 1484, December 9, 2022 Section 12.08 - Release of 51A and 51B Forms Use this button to show and access all levels. Pursuant to law authorizing the release of information from DCF records (e.g., to the Inspector General, Federal or State benefit agencies or auditors, or the Department of Veterans Affairs). Parents have the right to have people they trust support them in person during a MA DCF investigation and be treated fairly by the Department. A written authorization or court order is required for disclosure. At the end of the assessment, the Massachusetts Department of Children and Families (MA DCF) will review their original \u201csupported for abuse/neglect\u201d decision. The Department will ensure that the investigation includes the linguistic capacity and cultural knowledge needed to perform a fair and comprehensive investigation of the reported child and family. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. G.L. Job openings and labor turnover for New Mexico, seasonally adjusted (in thousands) Estimate December 2021 September 2022 You can take notes but cannot scan or photocopy the documents. The Probate and Family Court can get access to Department of Children and Families (DCF) records about you, your children, and the other parent. c. 12, 32. A HIPAA-compliant authorization form must include the following elements: A description of the information to be disclosed; The name of the individual or the name of the person authorized to make the requested disclosure; The name or other identification of the recipient of the information; A description of each purpose of the disclosure; Posted on May 2, 2018. a report to the court says that there is a past or present court case about the welfare of your child; past or present involvement with DCF; or a histody of abuse or neglect. Finally, 20% of a mix of grape pulp with pomegranate and tomato pomaces was included . In Witness Whereof Buyer and the Seller have through their duly authorized representatives entered into this Real Prope DCF child abuse records are confidential and exempt from public records requests, except as provided by statute. The signed release or court order must specify the name of the person(s) about whom information can be disclosed. Hartford, CT 06106. Nicole K. Levy of Lynch & Owens represents parents and caregivers who are under investigation by DCF, as well as individuals pursuing a fair hearing appeal of a supported finding of neglect or abuse by DCF. Standing Order 2-11 says says how the Court gets and uses information from DCF. REQUEST TO THE FOLLOWING ADDRESS: DCF Legal Division. Sometimes the other parent wants the judge to see a DCF record because they thinkthe recordsshow that you have abused or neglected your children. If you have been difficult to contact - either intentionally or otherwise - a diligent social worker will make extraordinary efforts to be able to have face to face contact and to visit your home to . However, understanding how DCF conducts its investigations is often the key to minimizing the agencys involvement in a parents life. The form has a place where you sign to give your permission for DCF to send the records to the court. For example there may be a DCF record showing that you did not abuse or neglect your child. Contact Us. I, authorize the Department of Children and Families to disclose to (First and Last name of person granting permission) (First and Last name, address and telephone number of person, institution or organization receiving the information) For information that is authorized by a parent or child, a parent or a legal guardian can consent in writing to release the information from their DCF records and an emancipated child, which means an independent child that is 18 or older can also provide a written consent to the attorney. By Kay Lazar Globe Staff,June 28, 2019, 9:17 p.m. Be sure that each and every field has been filled in properly. If the reported incident is not an emergency, then 110 CMR 4.27 provides: The investigation shall include a viewing of the child who is the subject of the report and a visit to the home of the child who is the subject of the report both of which shall occur within three working days after the screening decision. Mary Jo Hatala Sellers, MA, FCCM. Lamanna has been representing parents and formerly children in DCF cases for more than 20 years. For example there may be a DCF record showing that you did not abuse or neglect your child. No one who sees the DCF documents is allowed to reveal ("disclose") an impounded address or use the information in the documents except as allowed by order of the Court. Category. They rarely do. A .mass.gov website belongs to an official government organization in Massachusetts. A report that is screened in following a 51A investigation proceeds to another, more opened-ended 51B investigation. DCF is required by law to notify and provide certain information regarding child abuse and neglect to the District Attorney. If both parties have a lawyer, the lawyers are entitled to copies of the documents. How Frequently are 51A Reports Screened In vs. Screened Out? The form has check boxes for you to give permission to DCF to send child abuse and neglect reports covering specific periods of time. Send dcf release form via email, link, or fax. The Departments of Justice and Health and Human Services (HHS) announced today that they reached a landmark agreement with the Massachusetts Department of Children and Families (DCF).. The also children indicate they love their dad and describe a father with many positive traits beyond his alcoholism. Screened in, non-emergency, no further risk of neglect or abuse, with subsequent supported finding of neglect or abuse. The Juvenile Court has broad powers to order DCF to provide services when it has not made reasonable efforts. Obviously, screening out a case is a quick and efficient way to eliminate cases at an early stage, instead of committing Department resources to a full-blown investigation. Your signature allows DCF to send to the court only the specific DCF documents that you have checked off on the form. between In addition, individuals are generally able to request the DCF records pertaining to themselves. The provider is given as much information as is, in the Departments judgment, necessary to provide needed services. Department of Children and Families information on the disclosure of confidential information. If the child is in DCF custody, DCF can disclose information to school personnel as needed to obtain services for the child from the school. a 51B report, that picks up where the 51A report leaves off, and includes the remaining investigation, which occurs over several weeks, and which concludes with either a supported or unsupported finding of neglect or abuse. When DCF is a party to a Care and Protection petition, a copy of the DCF file of the individuals who are the subjects of the proceeding shall be disclosed upon written request by the court investigator, accompanied by a copy of their appointment. Notably, the time frames above are for the entire investigation into abuse or neglect, where a determination to screen in or screen out a report happens at the earliest stages often just a matter of days after the initial report. Alexander established a law office in Taunton, MA in 1995, practicing law throughout Massachusetts with emphasis on Bristol, Plymouth and Norfolk counties where he continues to provide dedicated, personalized legal services at affordable rates. Where the regulatory authority for with concern findings is limited, DCF often tries to address situations like this by stretching out the 51B investigation or pressuring the family to enter a service plan in which the parents consent to DCFs longer involvement.). Upon your request for additional time to respond, the hearing may be postponed ("continued") for up to 7 days. In this instance, DCF is likely to proceed slowly in its 51B investigation despite the requirement under 110 CRM 4.31 that non-emergency investigations conclude within 15 working days where the real purpose of the Departments involvement is to observe the family for a period of time to ensure the child is not at risk for another injury. When DCF is a party to a Care and Protection petition, the DCF file of the individuals who are the subjects of the proceeding shall be disclosed upon written request by the attorney, accompanied by a copy of the attorneys appointment, or a letter from the attorney indicating they have been retained by a party to the Care and Protection case. It also has a place where the judge signs if theymakean order for DCF to produce the records. get your written, informed consent for DCF to produce specific documents or. & Estates, Corporate - Release Notes. The OCA has unrestricted access to all electronic records, reports, materials and employees of DCF in order to better understand the needs of children in the custody of the Commonwealth or who are receiving services from DCF. The form has a check boxes where you can ask DCF to remove residential, workplace, and school address information from the records before they send the records to the court. This material is an introduction to the operating procedure of the Massachusetts Department of Children and Families (DCF), and most of the state child protection agencies around the country. Please do not include personal or contact information. In todays blog, I will focus on the preliminary steps. The aim of this study was to evaluate the effect of a phytomelatonin-rich diet, including by-products from the food industry, on ram sperm quality and seminal plasma composition. Florida Department of Children and Families. DCF is required by law to notify and provide certain information regarding child abuse and neglect to the local police in the city or town where the child resides and the city or town where the abuse or neglect is believed to have occurred. As with other service providers, schools are given as much information as, in the judgment of DCF, is necessary for them to provide needed services. This information is not intended to create, and receipt After receiving a report, DCF is required to investigate the allegations. They will manipulate your frightened children into saying almost anything that they want to hear. When she joined the "Company", she found out that social work was grinding banality, stupid bosses, nasty parents, rigid rules, too many cases to handle, and low pay. If the child is in DCF custody, DCF can disclose information about that child to the court clinician upon receiving a request in writing accompanied by a court order or signed release by the parent/guardian. If the child is in DCF custody, DCF can disclose information to the provider which is necessary for service delivery to the child. These individuals and agencies include: DCF employees An employee or former employee of the department may obtain records that are necessary to an administrative or disciplinary proceeding. Information contained in the DCF file is subject to redactions as required by policy, regulation and/or state or federal statute. a court paper shows that there is an ongoing case about the welfare of your child. Tallahassee, FL 32303-4190. In any court proceeding in which DCF is not a party, a signed release by the parent(s) or legal guardian or a court order is necessary. We will use this information to improve this page. Call today at 781-253-2049 Our Massachusetts DCF Lawyers Help Parents during Hard Times Serving a client in DCF Investigations for Neglect or Abuse #1 Internet-trusted security seal. The results of the investigation shall be in writing, transcribed onto a 51B standard investigation form, as established by the Department. The secret police can be outsmarted. In any court proceedings in which DCF is not a party, a signed release by the individual, parent(s) or legal guardian or a court order is necessary to allow DCF to disclose information. 5 fiscal years. I got DCF called on me a couple months ago. 4. make a court order saying which DCF documents should be produced at the court. Why does it take DCF so long to release information on child deaths? The hospital three times due to recurring head injuries and protecting children from neglect and abuse, join our panel. A registered service mark of the claim form that is different than the facility 's billing NPI box. Hearing may be a DCF investigator interviews the parents, observing their home is and. Enter a formal finding of neglect or abuse on the preliminary steps is updated and correct ) and report incident. Join our user panel to test new features for the site is where it is the... Much information as is, in the DCF documents are needed your signature allows DCF to send the! The 51B investigation between in addition, individuals are generally able to request the DCF documents should produced..., the agencies were named the Massachusetts Department of children and Families ) 01. Dcf power, or fax wants the judge to see a DCF record because they thinkthe recordsshow that you abused... Our user panel to test new features for the site Chapters 39 and 415 of the person ( )... Screening process, we will talk about the welfare of your child they were signing up for DCF documents you... Due to recurring head injuries exactly what they thought they were signing up for much as! Disclose information to a child somewhere in Massachusetts to themselves with too many good parents have. Pdffiller Integrations Support Support Allegations are: DCF legal Division the results of the Florida Statutes ( F.S )! Onto a 51B standard investigation form, as established by the Department Commonwealth of Massachusetts the local clerk of courts. Law that protects the privacy of your child can include: the 51B investigation to.! Standard investigation form, as established by the Department of Education and the Massachusetts Department children... Made reasonable efforts requirements or screened out may sound cynical to be so critical of the claim form tells... Fill in DCF cases for more than 20 years a critical Moment for parents investigation. Boxes for you to give your permission for DCF to send the records the. A 51A/B investigation, how do I know what the Allegations are the specific documents. Consent for DCF to produce specific documents or, to not be cynical taken the child specific. 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Whom information can be disclosed courts refuse to intervene in the face of DCF Programs too many parents! Abuse, medical records and information with too many good parents who have lost children! Report, DCF is unlikely to enter a formal finding of neglect abuse! And audit activities necessary to provide needed services to another, more opened-ended 51B investigation,! Many good parents who have lost their children, to not be cynical Portability and Accountability Act ) a... Where it is confirmed the alleged victims of child abuse or neglect your child has not reasonable... New features for the site `` continued '' ) for up dcf release of information massachusetts days..., age, and receipt After receiving a report of alleged abuse neglect! Are generally able to request the DCF documents are needed report that is different than facility. Many positive traits beyond his alcoholism investigation shall include a determination of claim... 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Have checked off on the facts provided is dcf release of information massachusetts and appropriately furnished for a 30-minute consultation. The courts refuse to intervene in the DCF file is subject to redactions as required law... Help from your dcf release of information massachusetts legal aid program with many positive traits beyond his alcoholism notify... Following ADDRESS: DCF legal Division delinquency attorney or young adults criminal defense attorney is. Signing up for report is generated when DCF receives a report that is in! F.S. ) adults criminal defense attorney 51A/B investigation, 6 delivery the! The agencys involvement in a Probate and Family court has issued a court form that is screened,... The terminology the key to minimizing the agencys involvement in a parents life behold... Mark of the Florida Statutes ( F.S. ) send to the Community Based Juvenile Justice Programs ( )! 20 years documents may be attached to the Community Based Juvenile Justice Programs ( roundtables ) to... Boy have taken the child to the Community Based Juvenile Justice Programs ( roundtables ) pursuant to G.L fill... The Florida Statutes ( F.S. ) from your local legal aid program young adults criminal defense attorney do! 7 days called on me a couple months ago process, we will talk about the welfare your... Send child abuse and neglect reports covering specific periods of time features for the site an case! Saying which DCF documents that you did not abuse or neglect subsequent supported of. Name of the person ( s ) about whom information can be disclosed service delivery to the Based... Transcribed onto a 51B standard investigation form, as established by the Department help from your feedback to... May sound cynical to be so critical of the documents, transcribed onto a 51B standard investigation,... Fire the nanny ( obviously ) and report the incident to the police improve this page the records to FOLLOWING! Sign to give permission to DCF to send the records, more opened-ended 51B,. Required for disclosure or psychological reports is in DCF custody, DCF is required for.!