Bad sunburn can prompt a MA DCF investigation and Criminal Charges

Sunscreen Safety: Your child's bad sunburn can prompt a MA DCF investigation and Criminal Charges

When your child develops a bad sunburn, expect the Massachusetts (hereinafter MA) Department of Children and Families (hereinafter DCF) to begin an investigation of child neglect against you. Parents can get into serious legal trouble if the sunburn looks bad enough. Understanding what are my rights during a DCF investigation is crucial in such situations.

It’s essential to be familiar with the DCF investigation process to navigate through these challenging times effectively and ensure your family’s rights are protected. It may sound incredulous, but you can be targeted with both MA DCF child abuse allegations as well as District Attorney indictment for criminal charges based upon your child receiving a sunburn. You may be thinking, how can this be? Well it can be. It happened in New Jersey and again in Ohio a few years later. There’s no reason it couldn’t happen in Massachusetts.

Can you believe that your child’s bad sunburn can turn into a MA DCF investigation along with District Attorney Criminal Charges? A New Jersey father took his 12-year-old disabled son to the beach expecting to have some fun in the sun. The father applied what he believed was enough suntan lotion on his child. But the son still ended up with blisters all over his face and back. The next thing the father knew, DCF started an investigation of child abuse and the District Attorney filed an indictment on criminal charges. The fun day at the beach had turned into a nightmare. One of the contentions from the DA’s office was that the father did not apply enough sunscreen on his son.

You may be thinking that this was an isolated incident. Think again. A woman in Ohio was charged for three counts of felonies because her 2-year-old daughter and her 10-month-old twin sons had extremely sunburned faces. The lesson you can learn from these parents’ mistakes is to go above and beyond in applying enough sunscreen on your children to avoid any sun damage to their skin. Keep in mind, sunscreen may reduce the risk of sun damage but not eliminate it completely. So how can parents avoid a sunburn, a MA DCF investigation and criminal charges? Parents should follow these sunscreen safety tips to make sure the fun in the sun stays fun:

  • Select the proper SPF level
  • Select the right sunscreen
  • Apply sunscreen properly

How can the proper SPF level avoid sunburn and a MA DCF Investigation? The sunscreen parents use for their children must have a high Sun Protection Factor (hereinafter “SPF”) level. SPF levels in sunscreens indicate how much the sunscreen will protect the skin against ultraviolet (hereinafter “UV”) radiation. SPF only indicates the level of protection from UVB rays. There are two types of UV rays: UVA and UVB rays. UVA rays are also known as “aging rays” because they cause wrinkles and age spots. They can affect your skin through windows. UVB rays are often called “burning rays” because they cause sunburns, but they would not affect the skin through windows. Both should be avoided as they can cause cancer.

The higher the SPF, the more protection from UV rays the sunscreen provides. SPF is related to the amount of sun exposure. It is not associated with the amount of time spent in the sun. Children with sensitive skin should use sunscreens with higher SPF levels, such as SPF 30 or more. The U.S. Food and Drug Administration (hereinafter “FDA”) recommends using sunscreen with an SPF of 15. The American Academy of Dermatology recommends using a sunscreen with an SPF of 30 just to be safe. Sunscreens which have an SPF of less than 15, must have a warning label that reads:  “Skin Cancer/Skin Aging Alert: Spending time in the sun increases your risk of skin cancer and early skin aging. This product has been shown only to help prevent sunburn, not skin cancer or early skin aging”.

How can parents select the RIGHT sunscreen to avoid a sunburn and a MA DCF Investigation?

For maximum protection, parents should choose sunscreens labeled “broad spectrum” for themselves and their children. Broad spectrum sunscreens protect against both types of UV rays. For children and adults with sensitive skin, a physical sunscreen is better than a chemical one. Physical sunscreens create a barrier over the skin to block the sun’s rays while chemical sunscreens absorb the sun’s rays. Chemical sunscreens are easy to rub into the skin and do not leave the white residue sunscreen usually leaves. Children should wear sunscreens with active ingredients approved by the FDA. The FDA provides a list of which safe and effective sunscreen ingredients parents should look for:

  • Aminobenzoic acid
  • Avobenzone
  • Cinoxate
  • Dioxybenzone
  • Homosalate
  • Meradimate
  • Octocrylene
  • Octinoxate
  • Octisalate
  • Oxybenzone
  • Padimate O
  • Ensulizole
  • Sulisobenzone
  • Titanium dioxide
  • Trolamine salicylate
  • Zinc oxide

Avoid products that combine sunscreen with insect repellents. Proposed changes to sunscreen regulations by the FDA will state that sunscreens with insect repellent will not be recognized as safe and effective. For recommendations on the best sunscreens available, browse through these websites:

  1. The Best Sunscreens for Kids and Babies in 2020, According to Dermatologists
  2. 10 Best Sunscreens for Kids and Babies of 2020
  3. Best Sunscreens of 2020
  4. Best Beach & Sport Sunscreens
  5. NY Times: The Best Sunscreen

How can applying sunscreen properly keep sunburns and MA DCF investigations out of your life?

Ensure that your children avoid serious sun damage this summer through continued use and reapplication of sunscreen. Apply sunscreen 15 to 30 minutes before any exposure to the sun. It is also crucial that sunscreen be reapplied throughout the day.

When at the beach, pool, or other locations where children like to go into the water, sunscreen must be reapplied every 2 hours or less if necessary. Parents think that sunscreen is waterproof, which it never is. This is the fault of misleading advertisements by sunscreen manufacturers.

FDA regulations require sunscreens to be labeled “water-resistant” because when your child goes into the water, a great deal of sunscreen comes off though some of it stays on. When your child comes out of the water, lather on the sunscreen again to avoid sunburn and skin cancer. In the broader context of child safety and parents’ rights against DCF Parents who have the false sense that they don’t need to reapply sunscreen to their child, may end up like the father in New Jersey or the mother from Ohio.

How can the effects of a sunburn lead to an MA DCF investigation?

Sunburn can occur within a mere 15 minutes of being in the sun. Redness, discomfort, and pain on the skin could lead to symptoms such as:

  • Blistering
  • Pain
  • Tenderness
  • Itchiness
  • Fever
  • Headache

A reporter who notices these signs on your child can file a 51A report to DCF against you for child abuse. Ensure your children are protected from the sun this summer by educating yourself on the ways to prevent and treat sunburns. Doing so will go a long way in avoiding that dreaded knock on the door by the Massachusetts DCF.

You can Never Go Wrong with Being Sunscreen Safe

Be particular about which sunscreen to use. Choose the sunscreen that will do for you what it’s supposed to do–shield against the harmful UV rays of the sun. As impossible as it sounds for a sunburn to turn into a criminal case, it can and does happen. Stay on the safe side; use sunscreen and use it properly. Do not be a victim of nature or a victim of the government.

Kevin Patrick Seaver is a trusted Boston DCF Lawyer since 1991.

DISCLAIMER

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.

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