How Parents Can Avoid MA DCF Investigations With Beach Safety Tips

Parents who fail to follow beach safety rules may become vulnerable to a Massachusetts (hereinafter “MA”) Department of Children and Families (hereinafter “DCF”) investigation for child abuse or child neglect.

What are the Dangers at the Beach?

Disregarding the dangers of the beach could spell trouble for parents and a guaranteed investigation by MA DCF. One slip in attention, such as while texting or listening to music with both earphones in, can lead to your child being injured, and a supported allegation of child neglect for improper supervision by MA DCF. MA DCF can also start a case against you due to one lapse in judgement while at the beach, such as drinking alcohol or consuming marijuana while caring for your child. Understanding what are my rights during a DCF investigation is crucial for parents to navigate these situations effectively.

Additionally, knowing the DCF investigation process can help parents prepare for what to expect and how to assert their rights. DCF will ask you questions like, what were you doing when the event occurred? Did your children have your full attention? Were you under the influence of alcohol, drugs or medications. Do not let MA DCF mistake damage from the sun as evidence of child physical abuse. The blistering heat of the sun causes severe damage to the skin and can even result in a heat stroke for the little ones. Get in the habit of applying ample sunscreen to your child before they come in contact with the sun, and reapplying as necessary.

Parents have been arrested for not applying enough sunscreen on their children like a father from New Jersey. The father was charged with child neglect after his 12 year old disabled son got sunburns with blisters on his back and face. Next thing he knew, the father was being charged with neglect allegations by DCF and criminal charges by the District Attorney’s office. The father said he had already applied sunscreen on his son but the indictment claimed he did not apply enough. Remember to always apply sunscreen on your child before they come to the beach, and always reapply the sunscreen every 2 hours or less if necessary. Do not end up like this New Jersey father.The effects of overexposure to the sun and burns ranges from first to second to third degree and can include other issues such as dehydration or heat stroke. According to the National Institute of Health:

1. First-degree burns damage the outermost layer of the skin and typically heal within a week. The most common type of sunburn will fall under the first-degree category.
2. Second-degree burns damage the top two layers of the skin and may leave a scar.
3. Third-degree burns cause damage to all layers of the skin, including hair follicles, sweat glands and tissue. These burns require skin grafts.

When your child gets injured or severely sunburnt, you may want to take the child to a hospital. Failure to take your child to the hospital may be construed as medical neglect by MA DCF. When you and your child visit the hospital, the child will be examined by the doctors, nurses and hospital staff. These staff members are all mandated reporters who may also file a 51 A report of child abuse or neglect to DCF.

When MA DCF visits, case workers will be looking for warning signs of possible child abuse or child neglect. The danger can go beyond an injury or possible allegation of child abuse or neglect. Drowning is of the leading causes of death among children 14 and younger each year. Drowning can occur in a blink of an eye. Keep your children safe by implementing the best beach safety practices.

What are the Beach Safety Tips for Children?

The first step to keeping your children safe is to be aware of the risk factors present at the beach. Taking the time to learn about these potential hazards can prevent your children from falling victim to these dangers. Beach injuries are more common than you think. The following are some safety tips to ensure your child will have fun at the beach:

1. Life jackets: Ensure your young children have life jackets or personal flotation devices on while they are in shallow water. According to the Red Cross, wave action can cause a loss of footing. A U.S. Coast Guard-approved personal flotation device adds a layer of protection should a wave suddenly overtake children in shallow waters.
2. Wave safety: Teach your children to face the water, standing with their back to the beach. This helps prevent them from getting caught off guard by the waves which could potentially knock them into the water. Ensure they are on solid footing at all times and call for them to come out of the water if the waves are getting too high, rough or if there is an undertow. Parents should be monitoring the nature of the waves.
3. Sand hazards: Do not allow your children to bury their feet in wet sand. Children with their feet buried in as little as 6 inches of water can have their feet trapped. Sprains and broken ankles can occur as a result.
4. Beware of the heat: Babies and small children can only bear a limited amount of heat compared to adults. Therefore, the scorching summer heat poses a much greater risk of heat-related illness for young children. Plan to avoid the peak sun hours between 11 AM to 2 PM when bringing your children to the beach. Bring a large umbrella or some type of shade for children to cool down. To avoid first or second-degree burns on the bottoms of your child’s feet, provide water shoes or flip flops when the sand is feeling too hot. According to an emergency room doctor, Dr. Curt Armstrong, sand on a beach can easily heat up to above 100 degrees. He suggests that parents and guardians place the back of their hand on the sand or ground to check the temperature before allowing their child to walk barefoot.
5. Apply sunscreen: Some parents have a false sense that the waterproof sunscreen is protecting their kids from sunburn when they are playing in the water. Despite the claims of manufacturers, who want you to believe sunscreen is waterproof, it is not. FDA rules regarding sunscreen labels require them to be labeled “water-resistant” as opposed to “waterproof” or “sweatproof. The American Academy of Pediatrics recommends applying sunscreen 15-30 minutes before reaching the beach and reapplying every two hours after going into the water. The American Academy of Dermatology also recommends the application of SPF 30 or higher for children to ensure maximum protection. No matter how great the SPF level or how water-resistant sunscreen labels claim to be, one should never go over two hours in the sun without reapplication. Regular usage of sunscreen will set a good example for children going forward when they head off to the beach on their own.
6. Avoid Alcohol Consumption: Massachusetts law prohibits public intoxication and open containers of alcohol in public, including beaches. But like most rules, parents break these. Alcohol is dehydrating, and so is the sun. The effects of alcohol are magnified by the direct heat of the sun. If you are intoxicated when your child is harmed or hurt, it will be considered “improper supervision”. If you are arrested, you can expect a call from MA DCF and face the risk of your children being removed from your custody and placed into foster care. You may even be arrested for child endangerment, public intoxication and becoming involved with MA DCF.
7. Swimming in safe areas: Consult with a local lifeguard to ensure you and your family are swimming in safely designated swim areas. Use common sense and always be aware of swimming too far out or wading too close to the surf. Never dive into the ocean, and teach your children how to keep themselves afloat.
8. Keep An Eye on Your Children: It only takes a matter of seconds for something to go wrong. Make sure you are keeping an eye on your children whether that means taking off your headphones or making sure you are not scrolling through your phone. Do not rely on a lifeguard to watch your children. One option is to have a buddy system with another adult or parent to switch off looking over the children. Another tip is to have a bright, colorful umbrella that doubles as a source of shade and an easily recognizable location marker for the kids.
9. Dangers of the ocean: Make your children aware of the dangers of the ocean. Remember that though a “swimming pool stays the same every day, the ocean changes.” Rip currents, marine life, ocean debris, and changing weather are all potential hazards present in the ocean. Keep your children educated on these different risks to ensure they stay safe and are mindful of these hazards.

A 15 year old teenage boy who was in MA DCF’s custody was placed in a residential home. He went fishing with his peers at the home, supervised by the home’s staff. On the way home, some of the teenagers decided to go swimming after dark. The 15-year-old boy jumped off the bridge and fell into the water. He drifted in the waters, got caught in the current, and drowned. The staff stated that they had not seen the signs reading “Jumping from bridge prohibited. This story illustrates that terrible things can occur in the blink of an eye and the dangers of swimming in water you should not be in. This senseless loss of life could have and should have been prevented. The irony of this drowning is that the MA DCF is supposed to protect children.

Keep Yourself and Your Children Protected

Not implementing safety measures on your beach visit can result in dire consequences for both you and your children. In addition to bearing the weight of loss or injury to your child, you may face criminal charges of child abuse or child neglect. Additionally, MA DCF will be unrelenting in their investigations against you. Understanding what are my rights during a DCF investigation is crucial to navigate this challenging time effectively.  It’s vital you take steps to keep your children safe and give yourself peace of mind. Follow the tips in this article so you and your family can safely enjoy the beautiful beaches together.

Kevin Seaver is an experienced, trusted lawyer who successfully represents clients against DCF from Boston, Massachusetts. Call Kevin at (617) 263-2633 or request a Consultation online!

You find yourself in this situation, it’s advisable to seek legal representation from a qualified attorney, like those at the Law Office of Kevin Seaver, who can advocate for your rights and guide you through the complex process of a DCF investigation.

Remember that the ultimate goal of DCF is to ensure the safety and well-being of children while supporting families in crisis.

Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers.

Readers should not rely on this information as legal advice and should seek specific counsel from the attorney based on personal circumstances. Thank you.

Kevin Patrick Seaver is a Massachusetts DCF Defense Lawyer who represents parents against false child abuse allegations.

 

Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.