Why Does MA DCF Investigate Allegations of Child Physical Abuse? 

The Massachusetts Department of Children and Families (MA DCF) is required by the law to investigate all cases of child abuse by a parent or caretaker. This includes cases of child physical abuse by a caretaker. The mission for MA DCF is to protect the best interests of the child. That includes protecting their health, safety, and well being in their home. When a child is being physically abused by their parent or someone who is responsible for their care, their health, safety and well-being is put at risk. MA DCF will not investigate allegations of child physical abuse when it was done by someone who was not responsible for the child’s care. In those situations, MA DCF will refer the case to the District Attorney’s office, which may file criminal charges against the abuser.

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What is MA DCF’s Definition of Abuse?

The Massachusetts Department of Children and Families (MA DCF) defines “child abuse” as any harmful action done on purpose by a caretaker to a child. MA DCF’s official definition of abuse is:  “The non-accidental commission of any act by a caregiver which causes, or creates a substantial risk of, physical or emotional injury or sexual abuse to a child; or the victimization of a child through sexual abuse or human trafficking, regardless if the person responsible is a caregiver. This definition is not dependent upon location (i.e., abuse can occur while the child is in an out-of-home or in-home setting).” (as stated in 110 CMR 2.00)  The crime of human trafficking, including labor trafficking, involuntary servitude, or trafficking of minors, is included in the Massachusetts definition of child abuse.

 

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MA DCF Child Physical Abuse

What is Child Physical Abuse?

“Child physical abuse” is defined by the Massachusetts Department of Children and Families (MA DCF) as “any non-accidental physical injury to the child.” Child physical abuse includes a caretaker doing any of the following to a child: 

  • Striking
  • Kicking
  • Burning
  • Biting 
  • Punching
  • Shaking
  • Kicking
  • Beating
  • Choking
  • Burning
  • Throwing
  • Stabbing

Any action by the caretaker which results in a physical injury of the child would be characterized as “child physical abuse.”

What is the Definition of “Physical Injury?”

According to the official Massachusetts regulations, “physical injury” means any of the following: 

  • Death 
  • Fracture of a bone
  • Subdural Hematoma
  • Burns
  • Impairment of any Organ
  • Swelling of soft tissues
  • Skin Bruising depending upon such factors as the child’s age, circumstances under which the Injury Occurred, and the Number and Location of Bruises 

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When does MA DCF Respond to Allegations of Child Physical Abuse?

The Massachusetts Department of Children and Families (MA DCF) has the duty to investigate every appropriate report of child abuse by a caretaker. Depending on the severity of the allegation, MA DCF will conduct an Emergency or Non-Emergency Investigation into the reported family. When the report describes that a reporter suspects the observed physical injuries on a child were done by a caretaker, MA DCF will investigate through an Emergency investigation. When the report describes that a reporter noticed a change in the child’s actions or behaviors, but there were no visible signs of the physical abuse, MA DCF will investigate through a Non-Emergency investigation. MA DCF will only investigate allegations of child physical abuse when it was done by someone who was responsible for the child’s care. MA DCF will not investigate allegations against individuals who were strangers to the reported child, or were not responsible for caring for the child. In those situations, MA DCF will refer the case to the District Attorney’s office, which may file criminal charges against the abuser.

Who Reports Instances of Child Physical Abuse to MA DCF?

The Massachusetts Department of Children and Families (MA DCF) relies on mandated, non-mandated, and anonymous reporters to report instances of child physical abuse to them. Child physical abuse is most often noticed through physical signs on a child, and behavioral indicators. Professionals who see children regularly, and other caretakers who are considered mandated reporters will probably recognize these signs best. For that reason, MA DCF requires mandated reporters to report all instances where they suspect child abuse may be happening.

 

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MA DCF Child Physical Abuse

 

Teachers, school employees, and administrators who see children every day

These symptoms may also be reported to MA DCF by school nurses, medical professionals, doctors, Emergency Medical Technicians, among other medical professionals. There are also instances reported by coaches, babysitters, camp counselors, and even by other parents or adults with a close relationship to the child and the parent.

What is the Prevalence of Child Physical Abuse Reports in Massachusetts?

In 2017, there were 25,092 victims of child abuse or neglect in Massachusetts. That means, out of every 1,000 children 18.3 were maltreated. Of these children, 8.8% were physically abused. That translates to about 2,209 children.

What are the Signs and Indicators of Child Physical Abuse that MA DCF Looks For? 

The Massachusetts Department of Children and Families (MA DCF) looks for both physical and behavioral signs in children to determine whether child physical abuse is happening or not. The following are physical signs of abuse MA DCF looks for in children:

  • Bruises
  • Lesions
  • Fractures from being hit (with a hand or object)
  • Stab wounds
  • Fading bruises
  • Other noticeable marks

When a child reports an injury or physical maltreatment caused by a parent or another adult caregiver, MA DCF will support allegations against parents. The following are behavioral indicators of “child physical abuse:

  • Flinching or cowering in the presence of a specific parent or other adult caregiver
  • Being frightened of parents
  • Crying or protesting when it is time to go home from school or daycare
  • Having difficulty explaining injuries
  • Seeming hesitant to give explanation for any of their injuries
  • Withdrawing from friends and families

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What are some Inappropriate Forms of Discipline in the Eyes of MA DCF?

The Massachusetts Department of Children and Families (MA DCF) will begin an investigation of child abuse or neglect into caretakers for using inappropriate discipline methods. The following are discipline methods that are considered inappropriate in the eyes of MA DCF:

  • Spanking
  • Slapping a child’s hand
  • Paddling
  • Washing a child’s mouth with soap
  • Kneeling on a Hard Surface

Can I Discipline my Child WITHOUT Using Corporal Punishment?

Corporal punishment can be seen as child abuse to some people. If a reporter, mandated or non-mandated, sees you subjecting your child to corporal punishment, they may report you to the Massachusetts Department of Children and Families (MA DCF). Parents and caregivers can try other discipline techniques to avoid corporal punishment as a form of discipline. Doing so will significantly reduce their risk of having allegations of child abuse or neglect made against them. Other discipline techniques can include:

  • Rewarding good behavior
  • Redirection
  • Taking away privileges
  • Timeouts
  • Open, honest communication
  • Empathizing and sympathizing

 

What are the Standards of an Allegation of Child Physical Abuse by MA DCF?

Allegations of “child physical abuse” can be made when parents and caretakers purposely cause physical injury to their child. The Massachusetts Department of Children and Families (MA DCF) takes all allegations of child physical abuse seriously. Depending on how severe the impact on the reported child is, MA DCF will conduct either an emergency or non-emergency investigation for most child physical abuse allegations. Keep in mind, the intentions of the caregiver in using physical force on their child does not matter. MA DCF will always advocate for other forms of discipline or parenting in place of child physical abuse. A report of visible bruises or physical injury which cannot be explained as an accident can absolutely end up on a MA DCF report of alleged child physical abuse. It is DCF’s responsibility, or burden, to investigate and uncover any potential. For this reason, if they receive any report of potential child physical abuse they will take extreme measures to uncover further abuse or neglect. A Mandated Reporter is required to file an allegation of child physical abuse when there is reasonable cause to believe that a child is suffering from harm or substantial risk of harm resulting from abuse or neglect. 

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MA DCF Child Physical Abuse

Can I Go To Jail For Supported Allegations of Physical Abuse?

According to Massachusetts General Laws, Part IV, Title I, Chapter 265, Section 13, there are distinct criminal charges and consequences regarding levels of severe child abuse depending on circumstances. 

  • 1. Section 13B — ASSAULT AND BATTERY ON CHILD UNDER AGE OF 14: Whoever commits assault and battery on child under 14 shall be imprisoned in state prison for no more than 10 years, or house of corrections for no more than 2 and a half years 
  • 2. Section 13H — ASSAULT AND BATTERY ON CHILD AGE 14 OR OLDER: Punishment in state prison for no more than 5 years, or no more than 2 years in house corrections 
  • 3. Section 13J — ASSAULT AND BATTERY UPON CHILD:
  • (a) Whoever commits assault and battery upon child that causes bodily injury, shall be punished in state prison for no more than 5 years, or house of corrections for no more than 2 and a half years 
  • (b) Whoever commits assault and battery upon a child that causes substantial bodily injury shall be punished by imprisonment in state prison for not more than 15 years, or house of corrections for no more than 2 and a half years 

Section 13L — WANTON OR RECKLESS BEHAVIOR CREATING A RISK OF SERIOUS BODILY HARM: Whoever wantonly or recklessly engages in conduct that creates a substantial risk of bodily harm or sexual abuse to a child or recklessly fails to alleviate such risk shall be punished by imprisonment in house of corrections for not more than 2 and a half years

How Can Child Abuse Affect Child Development?

Child physical abuse can seriously impact child development through a number of physical and psychological issues. The following issues are experienced by children who have been physically abused in their childhood.

    1. Physical health problems: Adults with a history of child abuse and neglect are more likely than the general population to experience physical health problems including diabetes, gastrointestinal problems, arthritis, headaches, gynecological problems, stroke, hepatitis and heart disease
    2. Re-victimization: Research suggests that adults, particularly women, who were victimized as children are at risk of re-victimization in later life 
  • Mental health problems: Persisting mental health problems are a common consequence of child abuse and neglect in adults. Mental health problems associated with past histories of child abuse and neglect include personality disorders, post-traumatic stress disorder. Also includes dissociative disorders, depression, anxiety disorders and psychosis
    1. Suicidal behavior: Consistent evidence shows associations between child abuse and neglect and risks of attempted suicide in young people and adults
    2. Eating disorders and obesity: Eating disorders and obesity are common among adult survivors of child abuse and neglect
  • Alcohol and substance abuse: Associations have often been made between childhood abuse and neglect and later substance abuse in adulthood 
  1. Aggression, violence and criminal behavior: Violence and criminal behavior is another frequently identified long-term consequence of child abuse and neglect for adult survivors, particularly for those who have experienced physical abuse or witnessed domestic violence
  2. Homelessness: Strong associations have been made between histories of child abuse and neglect and experiences of homelessness in adulthood

blank Kevin Seaver is a trusted MA DCF Attorney Specializing in DCF Law since 1991. blank

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.