What is a MA DCF Care and Protection Petition?
A “Care and Protection Petition” is a document, signed under the pains and penalties of perjury, which alleges a child under age eighteen (18) is being abused or neglected. The Massachusetts Department of Children and Families (MA DCF) will file the petition after someone calls them to report that a child is possibly being abused or neglected.
A petition is usually filed under emergency circumstances where MA DCF seeks immediate custody of the child. Sometimes, MA DCF will file a care and protection petition when
Pursuant to M.G.L. c.119, §§ 24, a care and protection petition will be filed when a child is:
- Being raised under conditions harmful to their character development;
- Lacking necessary physical and educational care and discipline;
- Being neglected by their parent or caretaker through improper attention;
- Being neglected by their caretaker due to the caretaker being unwilling; or
- Incompetent, or unavailable to provide care and discipline or attention.
General Laws c. 119, § 24 governs the filing of care and protection petitions. A petition alleges that a child is in need of care and protection because of some action or inaction of the parent or legal guardian. A care and protection petition almost always arises out of an allegation that the child has been physically or sexually abused or that the parent has neglected the child’s basic needs. More than half of the care and protection cases filed involve neglect.
Meta Description: Massachusetts General Law c. 119, § 24 provides four grounds for filing a Care and Protection Petition. Any person can file a petition.
What are the Grounds for Filing a Care and Protection Petition?
General Law c. 119, § 24 provides four grounds for filing a Care and Protection petition:
The Child:
- Is without necessary and proper physical or educational care and discipline;
- Is growing up under conditions or circumstances damaging to the child’s sound character and development;
- Lacks the proper attention of a parent or guardian; or
- Parents are incompetent, unwilling, or unavailable to provide care, discipline, or attention to the child.
These statutory grounds have survived a constitutional challenge that they are overly vague.
Although the Massachusetts Department of Children and Families (MA DCF) is the petitioner in most cases, G.L. c. 119, § 24 permits “any person” to file a Care and Protection petition, including a probation officer, a guidance counselor, a neighbor, or a family member. Sometimes a hospital will file a petition if there is a disagreement with the parents over life-saving medical treatment. Typically, when a case is filed by someone other than MA DCF, the court will substitute MA DCF as the petitioner.