The Massachusetts (hereinafter “MA”) Department of Children and Families (hereinafter “DCF”) will investigate you for child abuse or neglect when they see signs of sun damage in your child. The sun is a great source of vitamin D and makes life brighter. But too much sun can cause severe and long-term consequences for you and your child’s skin.
Protecting your family from these risks is not only a matter of health but also of ensuring their well-being in all aspects of life. In situations where the welfare of children is in question, it’s essential to know about the DCF investigation process and parents’ rights against DCF. Being informed can help safeguard your family’s rights and ensure that everyone is treated fairly under the law.
MA DCF will pounce on the opportunity to take away your children from your home when they see sun damage on their skin. DCF can accuse parents of neglect for not adequately protecting their kids. Or, DCF can support allegations of abuse against the parents when they mistake sun damage for signs of child physical abuse. Understand the harmful effects of the sun to protect you and your children from sun damage and a MA DCF investigation.
What are the Harmful Effects of the Sun?
The most common effect of sun damage in children is sunburn. 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
Overexposure to the sun can lead to dehydration, heat strokes and burns. These burns range from first to third degree. The National Institute of Health explains:
- First-degree burns damage the outermost layer of the skin and typically heal within a week.
- Second-degree burns damage the top two layers of the skin and may leave a scar.
- Third-degree burns cause damage to all layers of the skin, including the hair follicles, sweat glands and organ tissue.
Though sunburns are most commonly first-degree burns, sunburns can become very problematic. In the most severe cases, sunburn can lead to skin cancer. Former Miss Pennsylvania, Shonda Schilling, created the Shade Foundation after she fought the severe effects of malignant melanoma, the most harmful type of skin cancer. The Shade Foundation (est. 2002) provides resources and education on ultraviolet (hereinafter “UV”) exposure for children, parents, and community members.
They provide sun safety kits which have educational pamphlets, UV wristbands, and sunscreen. They also fundraise to raise money for sun safety tools. So how can parents avoid sun damage to their children and keep MA DCF out of their lives? There are numerous sun safety tips parents can follow to make sure the fun in the sun stays fun:
- Avoid the sun during peak hours
- Seek the shade
- Check the UV index
- Apply sunscreen
- Cover up skin
- Shield the eyes
- Keep your infant out of the sun
How can avoiding the sun during its peak hours prevent sun damage and a MA DCF investigation?
The time the sun’s UV rays are strongest is during the middle of the day. This is called the sun’s “peak hours”. The sun’s peak hours are typically between 10 AM and 4 PM. The risk of your child getting sun damage is the highest during the sun’s peak hours. Depending on where you live, the sun will be more or less intense. The sun is more intense in places of lower latitudes. The sun’s peak hours must be avoided more seriously in such locations.
How can parents seek shade to protect against the sun and a MA DCF investigation?
When you and your children are spending time outside, try to find a tree to sit under for shade. When visiting the beach or the pool where there’s no shade available, bring your own. You can bring a portable tent or even a bright colored umbrella. Bringing a brightly colored umbrella at the beach or pool can have two benefits:
1) It makes you easily identifiable to your children if they wander off a little too far and they can’t find you
2) It provides an excellent amount of shade.
How can covering up your child’s skin prevent sun damage and a MA DCF investigation?
The skin is the largest organ of the body. Protect it as well as you can. Healthy skin protects the body against infection, injury and heat.
Overexposure to the sun causes age spots, leathery skin, and wrinkles. Sun damage also causes the most severe type of skin cancer, melanoma. Sunbathing for tanning purposes is as harmful as overexposure to the sun is. There is no safe way to tan. Every time you tan, you damage your skin. Tanning ages your skin faster and puts you at greater risk of skin cancer. Keep your children’s skin covered from the sun. Even at the beach or the pool, have your child keep their shirt on.
How can shielding your child’s eyes from the sun avoid sun damage and a MA DCF investigation?
The sun is damaging not only to the skin, but also to the eyes. The sun’s rays cause cell damage to the eyes by penetrating the eye’s structure.
The Center for Disease Control and Prevention (hereinafter “CDC”), lists cataracts, macular degeneration (which leads to blindness), and pterygium as the vision problems that result from overexposure to the sun. To protect your and your child’s eyes from sun damage, wear wraparound sunglasses that block 99% to 100% of UV rays. Also use wide brimmed hats. Wide brimmed hats help protect the eyes from various angles where the sun can reach them.
How can checking the UV index help prevent sun damage and a MA DCF investigation?
Parents should check the UV index to check how harmful the sun’s UV rays will be each day. The UV index is a forecast by the National Weather Service. It covers most zip codes across the United States. The UV index scale adheres to guidelines by the World Health Organization as required by federal law.
The UV index ranges from 0 to 11:
- 0 to 2, LOW: When the UV index is between 2 and 0, you can be outside safely with the minimum amount of sun protection.
- 3 to 7, MODERATE to HIGH: When the UV index is between 3 and 7, you need to use sunscreen (SPF 15 or more), a hat, protective clothing, sunglasses and a hat. You should also find a shaded area during the sun’s peak hours.
- 8 and above, VERY HIGH to EXTREME: When the UV index is 8 or higher, you need to take extra precautions. Use all the protective equipment you would use if the UV index was between 3 and 7 in addition to reapplying broad spectrum sunscreen throughout the day.
The amount of exposure to harmful UV rays depends on the time of day. You can use the shadow rule to determine if you are getting too much UV exposure. When your shadow is taller than you (during the early mornings and early evenings), you are being less exposed to UV rays. When your shadow is shorter than you (during the sun’s peak hours), you are being exposed to stronger UV rays.
How can applying sunscreen protect against sun damage and a MA DCF investigation?
The higher the Sun Protection Factor (hereinafter “SPF”) in the sunscreen, the more protection the sunscreen provides from UV rays. Children with sensitive skin should use sunscreens with higher SPF levels, such as SPF 30 or more.
The American Academy of Dermatology recommends using a sunscreen with an SPF of 30 just to be safe. Sunscreens with 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”. Children and adults with sensitive skin should use a sunscreen with an SPF of 30 or higher.
For maximum protection, parents should choose sunscreens labeled “broad spectrum” for themselves and their children. Broad spectrum sunscreens protect against all UV rays. Apply sunscreen 15 to 30 minutes before any exposure to the sun. Remember to reapply sunscreen on your child every 2 hours or less when necessary
When at the beach, pool, or near water, parents must ensure that they continuously reapply sunscreen. Sunscreen is not waterproof. Sunscreens must be labeled “water-resistant” according to FDA regulations, as when your child goes into the water, a great deal of sunscreen comes off though some of it stays on.
Why should parents keep infants out of the sun to prevent a MA DCF investigation?
Keep babies who are six months old or younger out of direct sunlight at all times. Babies face the highest risk of heat and sunstroke. They cannot handle the intensity of direct sunlight for any period of time. The best course of action is to keep your baby out of the sun at all times. Never use sunscreen to protect babies from the sun. The chemicals in sunscreens can be too harmful for an infant’s skin.
Babies six months and under are more prone to heatstroke.
When a mandated, non-mandated, or anonymous reporter sees your baby being exposed to the sun in public, they may report you to DCF.
How can you deal with your sunburned child and avoid an MA DCF Investigation?
When your child gets injured or severely sunburned, common sense tells you to take them to a hospital to treat the injury. This could be a double edged sword, however. Failure to take your child to the hospital may be endangering your child. DCF can then accuse you of medical neglect. Taking your child to the hospital, alternatively, can prompt the various mandated reporters who work there such as doctors, nurses and hospital staff to confuse the injury as evidence of abuse and report you to DCF.
When your child is experiencing sunburn because of prolonged exposure to the sun, there are measures you can take to ensure the sunburn does not get worse and prevent DCF from entering your life. When you notice a red, swollen, or warm mark developing on your child’s skin, it’s crucial to respond promptly and appropriately. Such symptoms can sometimes raise concerns not only medically but also in the context of family care assessments.
In the event that these concerns lead to a DCF investigation, it’s essential to know what are my rights during a DCF investigation to navigate the process effectively and safeguard your family’s well-being. Understanding your rights can help ensure that you are prepared for any situation, including a home visit or an inquiry into your child’s health and safety. Additionally, if the situation escalates,
Remove your child out of the sun immediately to prevent further damage.
- Have your child take a cool (not cold) shower and apply cool compresses to the sunburnt area.
- Keep your child hydrated and aid their skin’s healing process with plenty of fluids.
- Administer ibuprofen or acetaminophen to help alleviate any pain your child is experiencing.
- Apply moisturizing creams or aloe gel to soothe and protect the surface of the skin from drying or peeling.
- Cover the burn with extra sunscreen.
- Wear additional protective clothing when going back into the sun.
For more severe cases of sunburn, look for blistering or extreme pain coupled with swelling in the affected area. Major sunburns can also lead to fevers and migraines in children. If your child experiences headaches, confusion, dehydration, or faintness, seek emergency attention immediately to prevent further damage.
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.