110 CMR Department of Children & Families
How old must a child be to be left home alone?
Massachusetts doesn't set a specific age at which a child can be left home alone. In Massachusetts, such issues are decided on a case-by-case basis.
"Whenever used throughout 110 CMR, the following words shall have the following meanings, unless the context plainly requires otherwise....
Neglect means failure by a caretaker, either 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. This definition is not dependent upon location (i.e., neglect can occur while the child is in an out-of-home or in-home setting.)"
Is it against the law in Massachusetts to leave a child alone in a car?
The only specific restriction we have been able to find in Massachusetts relates to day care providers. 606 CMR 7.10(5)(i) says:
"As provided at 606 CMR 7.13(3)(j), a child must never be left unattended in a vehicle." The section referenced does not exist. The relevant regulation is 606 CMR 7.13(4)(j), which reads: "the driver of the vehicle takes attendance before and after each trip and conducts a complete vehicle inspection after every trip to ensure that children are not left alone in a vehicle at any time."
"If this activity [leaving child alone in car], albeit ill-advised, were meant to be criminalized, the Legislature could have written a more extensive child endangerment statute. Compare 720 Ill. Comp. Stat. Ann. 5/12-21.6 (b) (West 2002) ("There is a rebuttable presumption that a person committed the offense [endangering the life or health of a child] if he or she left a child 6 years of age or younger unattended in a motor vehicle for more than 10 minutes"). That the actions of the defendant were foolish and a lapse of judgment, as DSS observed, is self-evident. To equate abandonment with poor judgment, however, is a leap we are not prepared to take. The defendant left his daughter for an undetermined amount of time, traveling a relatively short distance away. There was no indication that he did not have the intention to return shortly; indeed the evidence was to the contrary. This cannot form the basis for a criminal conviction of abandonment."
Despite the lack of a specific prohibition, authorities still have the discretion to criminally charge caregivers under existing child endangerment laws, such as MGL c.265, § 13L (Reckless endangerment).
4 ways the state tries to help with abuse, neglect, and discipline in your family, Mass. Legal Help.
A great overview of your rights when the department gets involved with your family.
Care and protection cases, Children's Law Center.
A basic guide to the steps in a care and protection case, from reporting through screening and possible removal of the child to trial.
Child abuse and neglect, Mass. Dept. of Children and Families.
Includes links to information on warning signs, reporting abuse, and what happens when the department becomes involved.
Child abuse and neglect reporting: a guide for mandated reporters, Mass. Dept. of Children and Families.
Provides key information in a question and answer format.
Childhelp’s National Child Abuse Hotline
1800-4-A-CHILD (1-800-422-4453), 24 Hour hotline. Text, call or chat. This web site also offers an overview of what child abuse is and the different types of abuse.
Child protective services: a family's guide, Mass. Dept. of Children and Families.
This pamphlet explains what to expect when DCF contacts you, how DCF can help you and your family, your rights when DCF is involved with your family, and where you can find support for your family.
Child Requiring Assistance Cases, Mass. Juvenile Court.
Find out what will happen in court, who may be involved, and what your rights are as a parent, legal guardian, or custodian in a Child Requiring Assistance (CRA) case. Includes forms and Handbook for parents.
Definitions of abuse and neglect
Learn about the definitions of abuse and neglect that the Department of Children and Families (DCF) uses.
Joint advisory regarding school district officials' duty to report suspected child abuse and neglect, Mass. Dept. of Children and Families and Dept. of Education, 2021.
Summarizes the mandated reporting law, as amended, addresses commonly asked questions about the law and the responsibilities that it imposes on school officials, and includes links to G.L. c. 119, §§ 21 and 51A.
Juvenile Court Department guidelines for court investigator reports, Mass. Juvenile Court Dept.
Guidelines include the conduct of GAL investigations, appropriate content for GAL reports, and more.
Massachusetts Children’s Alliance
A membership organization that promotes an integrated multidisciplinary team response to child abuse. This web site provides an overview of the different forms of child abuse and the signs of child abuse.
Massachusetts citizens for children is the oldest state-based child advocacy organization in the country. Focus is on abuse and neglect prevention. Their web site offers information on the types of abuse and neglect and how they can be prevented.
Protective intake policy, Mass. Dept. of Children and Families, June 2020.
"The purpose of this policy is to clearly articulate the Department's primary and immediate focus on child safety in screening and responding to reports of child abuse and neglect and to establish the requirements for performing these responsibilities by Department staff in accordance with MGL c. 119, §§ 51A-51B."
Warning signs for child abuse or neglect, Mass. Dept. of Health and Human Services.
Lists recognizable physical and behavioral indicators of child abuse or neglect.
What can I do if I disagree with the Department of Children and Families?, Mass. Legal Help, June 2021.
Explains what you can do if you have a problem with your worker, of if you disagree with the agency's decision or if you have a problem with your social worker.
DCF case practice policy and procedure manual, Dept. of Children and Families, 2008, with updates.
Juvenile law, Mass. practice volumes 44-44A, West, 2006 with supplement. Chapter 3 Care and Protection, Chapter 4 Children requiring assistance (CRA).
When DCF steps into your case, MCLE, 2019.
Contact for Massachusetts law about child abuse and neglect
|October 23, 2023