WHAT IS CHILD ABUSE?

Definition of Abuse (defined by DSS Regulation 110 CMR 2.00)
The non-accidental commission of any act, by a caretaker, upon a child under age 18, which causes or creates a substantial risk of physical or emotional injury, or constitutes a sexual offense under the laws of the Commonwealth, or any sexual contact between a caretaker and a child under the care of that individual. This definition is not dependant upon location (i.e., abuse can occur while the child is in an out-of-home or in-home setting). Abuse is any action that creates an injury or substantial risk to a child. Abuse can be physical, sexual, or emotional. Physical abuse includes beating, shaking, kicking, burning, or other types of bodily harm that can result in bruises, fractured or broken bones, internal injuries or death.

Sexual Abuse
Sexual abuse occurs when an adult has any sexual contact with a child. This can happen through intercourse, which is considered rape under Massachusetts General Law. It includes any oral, genital, or anal penetration. Sexual exploitation and molestation are also considered abuse. These are defined as contact or interaction with a child that is used to satisfy an adult's sexual needs and desires. This includes any verbal exciting language, as well as fondling, masturbating, or exposure of sexual organs by the adult. Sex between adults and children is never considered consensual.

Physical Injury (defined by DSS regulation 110 CMR 2.00)

1. Death
2. Fracture of a bone, a subdural hematoma, burns, impairment of any organ, and any other such nontrivial injury
3. Soft tissue swelling or skin bruising depending on such factors as the child's age, circumstances under which the injury occurred, and the number and location of bruises
4. Addiction to drug at birth
5. Failure to thrive

Neglect
Failure by a caretaker, whether deliberately, or through negligence, or inability to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care; provided, however, that such inability is not due solely to inadequate economic resources or solely to the existence of a handicapping condition.

A child can be neglected when caretakers do not provide for basic needs, either deliberately or through neligence, such as food, shelter, medical care, supervision, or emotional stability. An infant born addicted to drugs is considered neglected as well. It should be noted that environmental circumstances that some parents face, such as homelessness or inadequate financial resources, do not constitute neglect.

Mandated Reporters, as defined by M.G.L. c. 119, s. 51A, are required to call DSS if they have reasonable cause to believe abuse or neglect has occurred.

Additionally, a written report has to be submitted to DSS within 48 hours.

You do not have to be a mandated reporter to report child abuse or neglect. Any person who believes a child is being abused or neglected can and should call to report the allegations.

(Adapted from Massachusetts Department of Social Services; Definitions and Explanations of Terms Associated with Child Abuse and Neglect.)