110 CMR Department of Children & Families
Comm. v. Dorvil, 472 Mass. 1 (2015). Spanking. The court recognized a parent's right to use force in disciplining a child, "provided that the force used against the minor child is reasonable; that the force is reasonably related to the purpose of safeguarding or promoting the welfare of the minor, including the prevention or punishment of the minor's misconduct; and that the force used neither causes nor creates a substantial risk of causing physical harm (beyond fleeting pain or minor, transient marks), gross degradation, or severe mental distress."
Comm. v. Millien, 474 Mass. 417 (2016)
Extensive discussion of "shaken baby syndrome." There is a heated debate in the medical community as to whether a violent shaking of a baby alone can generate enough force to cause the triad of symptoms of traumatic brain injury, and as to whether these symptoms can sometimes be caused by a short accidental fall....where the prosecution's case rested almost entirely on medical expert testimony, the defendant was denied his constitutional right to the effective assistance of counsel because, by not providing the jury with the other side of this debate, his attorney's poor performance "likely deprived the defendant of an otherwise available, substantial ground of defence."
Covell vs. Dept. of Social Services, 439 Mass. 766 (2003)
Provides an overview of statutory and regulatory requirements and procedural steps involved in the Department of Social Services (now DCF) investigation and recording of reports of suspected child abuse. This case also discussed the application of the “substantial evidence” test…substantial evidence may be based on hearsay alone if hearsay has “indicia of reliability.”
Lindsay vs. Dept. of Social Services., 439 Mass. 789 (2003)
Neglect. SJC interpretation of state regulations (110 CMR 2.00) and Federal regulations (45 CFR 1340.2(d)) that there is a requirement of actual harm or a substantial risk of harm for a finding of neglect.
Millis Public Schools v. M.P., 478 Mass. 767 (2018)
CRA/Truancy. We conclude that a child "willfully fails to attend school" when he or she acts purposefully, such that his or her behavior arises from reasons portending delinquent behavior.." The court vacated a CRA judgment where "where nothing in the record suggested that the child's behavior exhibited problems or tendencies that could lead toward juvenile delinquency, and where nothing in the record showed that a modification of the child's custody arrangements would help improve the child's attendance record."
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.
110 CMR 2.00
"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.
Abuse and neglect: your rights and DCF, Mass. Legal Help
A great overview of your rights when the department gets involved with your family. Answers these questions:
- Who filed the report and can I read it?
- Do I have to talk to the social worker?
- What happens after the 51A investigation is complete?
- What is a service plan?
The answer book, Court Improvement Program, 2018
Great resource for children in foster care. Includes information on education, jobs, housing, health care, and more.
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. Department 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. Department 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. Department 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.
Children Requiring Assistance (CRA), Children's Law Center of Massachusetts, 2014.
Pamphlet explains the CRA process and the rights of children and parents.
Handbook for parents, legal guardians, and custodians in child requiring assistance cases, Mass. Trial Court, Juvenile Court Administrative Office, December 3, 2012
This handbook will help you understand what is likely to happen in court, who the people that may be involved are, and what your rights are as a parent, legal guardian, or custodian in a child requiring assistance case.
Joint advisory regarding school district officials' duty to report suspected child abuse and neglect, Mass. Department of Children and Families and Department of Education, 2010
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, February 28, 2016.
"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."
Quick reference on CRA (child requiring assistance), Children's Law Center of Massachusetts, June 1, 2013
A handy guide for child advocates in Massachusetts
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 if I disagree with DCF's decision or I don't like my worker?, Mass. Legal Help, 2010.
Explains what you can do if you have a problem with your worker, of if you disagree with the agency's decision.
Child welfare practice in Massachusetts, MCLE loose-leaf
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 2019 supplement. Chapter 4.
When DCF steps into your case, MCLE, 2018
|Last updated:||August 12, 2020|