What to Know About DCF Child Physical Abuse When Making a Report?
The Massachusetts Department of Children and Families (MA DCF) investigates cases of DCF child physical abuse, sexual abuse or neglect. The Department is responsible for making sure parents and caretakers properly care for their child’s needs. To conduct investigations into an alleged case, DCF must receive a 51A report of a situation which shows alleged abuse or neglect of a child. DCF receives these reports from either mandated reporters in the child’s life, or a concerned citizen who has reason to suspect potential abuse or neglect.
Who is a Mandated Reporter?
Professionals who work directly with children frequently, such as teachers, doctors, or police officers, are mandated reporters. Mandated reporters must file an oral report immediately or submit a report online once they suspect abuse or neglect of a child. Designating specific professionals as mandated reporters helps to ensure that children in need to get the support necessary to live healthy lives.
You don’t have to be a mandated reporter to file a 51A report, though. Any person may submit a report if they suspect child abuse or neglect, and can do so anonymously if they prefer.
When you or someone you know suspects a child is at risk of abuse or neglect, you can contact a DCF area office or contact the Child-at-Risk-Hotline for after hours services. This article covers some of the more frequently asked questions that people ask when determining if they should file a 51A report.
How Soon does DCF Respond for an Investigation?
DCF will respond in a timely manner appropriate to the seriousness of the situation and allegations of abuse or neglect made.
In an emergency, DCF will respond within 2 hours and assess the child’s safety. From there, they will interview with the family within 24 hours. They allow for 5 business days to complete any other responsibilities needed for the investigation.
In a non-emergency, DCF will assess the child’s safety within 3 business days. They will take 15 business days to complete their investigation of the report.
What is the Definition of Child Abuse?
Massachusetts law 110 CMR 2.00 states that child abuse is when a caretaker intentionally threatens or causes physical/emotional harm to a child. There are many examples of child abuse, including emotional, physical, and sexual.
Physical abuse includes any non-accidental physical injury to the child. MA DCF also includes inappropriate forms of discipline in their definition of child abuse. These include spanking, slapping a child’s hand, paddling, washing a child’s mouth with soap or having the child kneel on a hard surface.
How Can DCF Child Physical Abuse Affect Child Development?
Physical abuse of a child can affect their development over the years. Children who experience physical child abuse may have higher risks of physical health problems such as arthritis, headaches, stroke, and heart disease. They may also face mental health problems, including suicidal behavior and eating disorders. Child abuse and neglect have also led to alcohol or substance abuse and aggression.
It is important to know the impact that abuse or neglect has on a child. Knowing what signs to look for to determine if abuse or neglect is occurring not only helps a child in need but also can prevent an unnecessary investigation into an unknowing family.
When you get a phone call or letter telling you that DCF is investigating on your family, contact an attorney immediately. It will make the process much easier for you. Attorneys who specialize in DCF investigations know how to advocate for your rights and know what steps need to be taken to ensure your family stays safe and can avoid time in the family courts.
What is the Definition of Child Neglect?
Under 110 CMR 2.00, Massachusetts defines child neglect as a caretaker’s failure, regardless of intent, to provide their child with proper essential care. This includes necessities like food, shelter, and clothing. It also includes medical care, supervision and helping children grow and stay emotionally stable.
There are exceptions, however. When a caretaker cannot provide their child with these essential needs because of poverty or a potentially disabling condition, then their situation would not be child neglect.
Neglect is determined based on the maturity of the child. If a child is young, but mature enough to be left home alone, then DCF may not consider that practice neglect. Often it is determined on a case-by-case basis.
Domestic violence between parents, however, can be neglectful behavior to the child. Domestic violence between two parents is likely to significantly impair the child’s ability to grow and stay emotionally stable in the household. This would violate Massachusetts law, and DCF would pursue an investigation.
How Can I Tell When a Child Has Been Abused or Neglected?
There are many warning signs to look for when you suspect child abuse or neglect.
When you suspect a child may experience abuse, look for these signs:
- Unexplained bruises, welts, or burns on the body or face
- Unnatural injuries on the child’s body (in places where it is unlikely for a child to get injuries)
- Burn marks that show potential cigarette burns, rope burns on the arms or legs, immersion burns or contact burns
- Laceration on the face or tears in the gum tissue of a child
- Stab wounds
- Other noticeable marks
Signs of Abuse
There are also behavioral indicators of child physical abuse. These include:
- Flinching or cowering in the presence of a specific parent or caregiver
- Crying or protesting when it is time to go home from school
- Having difficulty explaining injuries
- Withdrawing from friends or family members
Signs of Neglect
When you suspect a child may experience neglect, look for these signs:
- Frequent absences from school or daycare.
- Has not yet received proper medical care for health issues addressed to caretaker
- Sudden changes in behavior or school performance
- Insufficient clothes for the weather
- The caretaker denies the existence of an issue with the child, or shows little to no care for the issue
Kevin Seaver is a trusted Massachusetts DCF Lawyer Specialized in DCF 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.