MA DCF Neglect of Children

The Massachusetts Department of Children and Families (MA DCF) considers any action done by a parent or caretaker that fails to meet a child’s basic needs as DCF neglect. Neglect can be an accident or it can be done on purpose. In either case, DCF believes the neglect causes at least some kind of harm to a child. They consider neglect to be child maltreatment.

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What is the DCF Definition of Neglect?

MA DCF defines “neglect” in their downloadable glossary, called 110 CMR 2.00. Their exact definition of neglect is:

“failure by a caretaker, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care; provided, however, that such inability is not due solely to inadequate economic resources or solely to the existence of a handicapping condition. This definition is not dependent upon location {i.e., neglect can occur while the child is in an out-of-home or in-home setting.”

In other words, when a parent or caretaker fails to properly provide a child with any one of the following, DCF would most likely file and support allegations of neglect against them:

• Food
• Clothing
• Shelter
• Medical care
• Supervision
• Emotional stability and growth
• Other essential care

What Does Food Neglect Look Like?

When DCF files and supports allegations of neglect due to inadequate food, it is probably because a child looks like they are starving. DCF calls neglect due to inadequate food neglect due to “malnutrition”.

MA DCF will probably “support” neglect allegations due to malnutrition when:

• There is not enough food to support a child’s physical development in their refrigerator 
• The child is seen gathering and saving food for later
• The child looks too skinny for their age
• The child’s school reports that the child is not eating or eating too much

How Does DCF Define Neglect Due to Improper Clothing

DCF will file and support allegations of neglect because of a child’s clothing when the child is seen to be wearing:

• Dirty or soiled clothes
• Clothing that is inappropriate for the weather
• Clothing that is too large or small for their size
• No coat during the winter time

How Does DCF Define Neglect Due to Inadequate Shelter?

When MA DCF observes a child in one of the following conditions, they will probably file and support neglect allegations due to inadequate shelter:

• Hazardous or dangerous home
• Unsanitary home
• No home at all
• In and out of homeless shelters
• Lack of a consistent home (moving homes frequently)

What is Medical Neglect?

DCF will accuse a parent of neglect due to inadequate medical care when the parent does not understand the child’s medical needs. Neglect because of inadequate medical care is also known as “medical neglect”.

DCF will support allegations of medical neglect when the child:

• Is not up to date medically
• Is not seen by their pediatrician regularly for well child checks and sick visits
• Does not have all their immunizations / vaccinations
• Is not prescribed all the medications they need for any health issues they have

Too much or unnecessary medical care is also considered medical neglect by DCF. There is a mental health disorder called “Munchausen by proxy”, also known as “factitious disorder”. It is when a parent or caretaker acts like the child in their care is sick, and maybe even actually believes the child is sick, when the child is actually not. The caretaker may be imagining the child’s medical condition, or is extremely paranoid about the child’s safety. When a parent with this mental illness forces their child to undergo unnecessary medical treatment, the doctor or hospital personnel treating the child will probably report the parent to DCF.

How Does DCF Define Neglect Due to Improper Supervision?

DCF will accuse parents of neglect due to improper supervision when they leave their child alone when they are not old enough to be left alone. The age at which a child is allowed to be left alone at home differs from state to state. DCF considers all abandonment of a child to be neglect. When DCF observes a child in one of the following conditions, they will probably “support” the neglect allegations due to improper supervision when the child is:

• Home alone
• Alone in a car on a hot day
• Alone at a park
• Walking home from school by themselves

What is Neglect Regarding Emotional Stability and Growth?

Neglect due to a parent failing to provide inadequate emotional stability and growth is also considered “emotional neglect”. Sometimes, DCF will consider it to be “emotional abuse”. Emotional abuse still falls under DCF child neglect. The following are examples of what DCF would consider to be emotional neglect:

• Bullying the child
• Belittling the child
• Controlling behaviors over the child
• Threatening the child with violence or fear
• Isolating or restricting the child from social interactions
• Being verbally aggressive to the child
• Ridiculing the child
• Rejecting the child
• Blaming the child
• Using the child as a scapegoat
• Terrorizing the child
• Corrupting or exploiting the child
• Refusing to allow the child to have an emotional response
• Deliberately ignoring the child for an extended amount of time

DCF will probably support allegations of neglect against a caretaker when they see one of the following in a child:

• Severe developmental gaps
• Symptoms of depression, anxiety, withdrawal or aggression
• Self-harm scars
• Symptoms of self- destructive behavior
• Suicide attempts
• Too well-mannered
• Overly neat and clean
• Abusing drugs or alcohol
• Attention seeking behaviors
• Extreme inhibition in playtime
• Negative language

How Does DCF Define Neglect Due to Inadequate Essential Care?

Neglect due to minimally adequate essential care would include a parent or caretaker not considering a child’s education, hygiene, or mental health. It could also include when the caretaker fails to take the child to the emergency room for a serious injury or health issue.

What Does Educational Neglect Mean?

“Educational neglect” means when a parent or caretaker fails to help children meet their educational needs. MA DCF would consider educational neglect of a child to be when their parent or guardian fails to:

The failure of a parent or to:

• Enroll kids of mandatory school age in school
• Support necessary special educational instruction and services

Educational neglect is typically whenever a parent fails to make an effort to keep their child in school. The following are signs to DCF that a parent is educationally neglecting their child:

• The parent failed to register their children for school at all
• Children are not being homeschooled properly
• The children are not engaged in the educational services recommended for them by their school
• The parents repeatedly allow the child to miss school on purpose (they allow “truancy”)
• Parents are making their kids stay home from school so that they don’t discuss family matters with anyone

“Truancy,” or when a child refuses to go to school, is not considered educational neglect of a child.

What is Improper Hygiene Neglect? 

Neglect due to improper hygiene is when a child’s parent or caretaker does not take the proper care and attention to make sure the child is clean. Maintaining proper hygiene is important because it could prevent a number of serious physical issues including:

• Scurvy
• Tooth decay
• Skin infections (such as ringworm)
• Chronic diarrhea

Are There 4 Types of Child Neglect?

A lot of people believe there are four (4) types of neglect:

1. Physical neglect
2. Emotional neglect
3. Educational neglect
4. Medical neglect

DCF does not go by these categories of neglect. They consider neglect to be anything that is not abuse but can harm a child mentally, emotionally or psychologically.

How is Abuse Different From Neglect?

Abuse, according to DCF, is an action done on purpose that harms a child mentally, emotionally or psychologically. Neglect on the other hand, is the lack of an action to protect a child physically as well as mentally, emotionally and psychologically, or something done to a child by accident that causes some kind of harm to them. In other words, the difference between abuse and neglect is that abuse is something a caretaker does with the purpose of hurting a child, while neglect is when a caretaker hurts a child without necessarily meaning to or when a caretaker does not. MA DCF’s exact definition of abuse from their glossary (110 CMR 2.00) is: “the non-accidental commission of any act by a caretaker upon a child under age 18 which causes, or creates a substantial risk of physical or emotional injury, or constitutes a sexual offense under the laws of the Commonwealth or any sexual contact between a caretaker and a child under the care of that individual. Abuse is not dependent upon location (i.e., abuse can occur while the child is in an out-of-home or in-home setting.)”

How Does Neglect Affect Children?

Neglect can cause a number of health issues in children. The different types of neglect affect children in different ways. 

For example, failing to provide a child with minimally adequate food can lead them to have:

• Headaches
• Gas
• Gynecological problems
• Diabetes
• Arthritis
• Heart disease
• Hepatitis
• Strokes 

Most types of neglect can have any or all of these effects in children in the long term:

• Post-traumatic stress disorder (PTSD)
• Dissociative disorders
• Alcohol and substance abuse issues
• Personality disorders
• Aggressive and violent tendencies
• Obesity 
• Depression
• Eating disorders
• Anxiety disorders 
• Psychosis
• Obesity
• Suicidal behavior

When Will DCF Investigate You for Child Neglect?

DCF will only investigate you for neglect when you are a caretaker who is responsible for a child’s care. The Department does not handle cases that deal with strangers or people who are not responsible for caring for a child.

DCF considers any of the following people to be caretakers:

• Parents
• Guardians
• Stepparents 
• Babysitters
• Camp counselors
• Foster parents
• Teachers
• Bus drivers
• Daycare workers

There are many situations that DCF believes are neglect which is significant enough for DCF to intervene. The following are some examples:

1. Domestic violence
2. Dirty or unclean home
3. Child left at home alone
4. Child left alone in a car on a hot day

DCF believes that any of the above can cause emotional or physical injury of a child.

How Does DCF Consider an Emotional Injury or Physical Injury to be Neglect?

A lot of the time, DCF takes a child’s “emotional injury” to be a sign of neglect. Essentially,  MA DCF considers an “emotional injury” to be anything that hurts a child intellectually or psychologically. DCF’s official definition of emotional injury is the following: “Emotional Injury means an impairment to or disorder of the intellectual or psychological capacity of a child as evidenced by observable and substantial reduction in the child’s ability to function within a normal range of performance and behavior.” DCF will notice that a child is emotionally injured when they observe that the child is not functioning normally in terms of their behavior and conduct. DCF also considers some kinds of physical injuries to be neglect as well. DCF’s official definition of physical injury is the following:

“Physical Injury means

(a) death; or

(b) fracture of a bone, a subdural hematoma, burns, impairment of any organ, and any other such nontrivial injury; or

(c) soft tissue swelling or skin bruising depending upon such factors as the child’s age, circumstances under

which the injury occurred, and the number and location of bruises; or

(d) addiction to drug at birth; or

(e) failure to thrive.”

When a parent or caretaker accidentally causes a child to die, get a bone fractured or get bruises on their body from physical harm, DCF will probably accuse the parent of neglect. Physical abuse, however, is not a form of neglect. DCF will consider it to be child abuse. DCF is more likely to accuse a parent of neglect when the child is addicted to drugs at birth or if the child seems to fail to thrive. “Failure to thrive” means that the child is not able to gain weight, or is not able to grow properly.

What is the DCF Abuse and Neglect Registry?

The DCF Abuse and Neglect Registry is officially called the DCF “Central Registry”. means a subset of the Department’s computerized system. Every area and regional office of the Department, as well as the Central Office of the Department, shall have access to the computerized system, via terminals and printers which shall be located in each such office. The computerized system shall have security procedures which protect the data contained therein against unauthorized users or access. The Department’s Central Registry shall consist exclusively of data located within the designated subset of the Department’s computerized system. No files, papers, index card systems, or any other form of document shall constitute a part of the Department’s Central Registry. 

How Should Parents Deal with Neglect Allegations by MA DCF?

When facing MA DCF neglect allegations, parents should prove to the Department that they are serious about caring for their child. Making sure your child is visible in your community, and having peers or neighbors who can vouch for how good of a parent you are can only help your case. It could also be a good idea to try and find your own resources without DCF’s help. That way, the Department will understand that you are capable of adequately taking care of your child. Keep in mind that DCF is not supposed to accuse parents and caretakers of neglect when the child’s conditions are due to their financial situation. In other words, poverty is not neglect. Even in poverty, you can show the Department that your child is completely safe, happy and thriving with you. What you as a parent should not do is make the mistake of trying to fight against DCF on your own. It is in your and your child’s best interest to hire an experienced MA DCF attorney who specializes exclusively in DCF law to fight for you. Do not let DCF take away your time, energy and reputation. But more importantly, do not lose your child to DCF foster care.

  Kevin Seaver is a trusted Massachusetts DCF Lawyer specialized in DCF law since 1991

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.