When Should You Report a Child Abuse or Neglect Situation to DCF
The Massachusetts Department of Children and Families (MA DCF) investigates cases of child abuse or neglect by parents and caretakers. Before DCF starts their investigation, which is also known as a 51B Investigation, DCF first creates a “51A report” for the family. The 51A report contains the information that led DCF to come into the family’s life. This information comes from a reporter who can be a mandated reporter, non-mandated reporter, or an anonymous reporter.
Knowing what signs of abuse or neglect to look for not only helps a child in need, but also can prevent an unnecessary investigation on an unknowing family. When you are thinking about filing a report with DCF, make sure you know the consequences of filing. You should be aware of what can happen to a family when you report them to MA DCF. Read on to discover the answers to questions many people have when they are thinking about making a report to DCF.
What Situations Can You Report to DCF?
You can only report a situation where you suspect abuse or neglect of a child by their parent or caretakers. The reports are called 51A reports because of the Massachusetts Law, Mass. Gen. Laws ch. 119, § 51A (2020). 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.
What is Child Abuse?
MA DCF’s official definition of abuse is contained in 110 CMR 2.00. It states that child 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).” In other words, child abuse is when a caretaker intentionally threatens or causes physical/emotional harm to a child. This includes sexual abuse or sexual contact with a child. Massachusetts DCF includes human trafficking, including labor trafficking, involuntary servitude, or trafficking of minors in their definition of child abuse. There are two (2) types of child abuse allegations MA DCF can make:
Can DCF Claim Certain Types of Discipline Are Child Abuse?
DCF recognizes that a parent has the right to raise and discipline their child how they want. In Massachusetts, spanking your child is legal. However, Massachusetts DCF may keep an eye out for discipline that looks like too much or unnecessary force on the child. DCF can claim too much discipline is child abuse.
What is Child Neglect?
MA DCF’s exact definition of neglect, also contained in 110 CMR 2.00, 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. Common DCF neglect allegations are due to:
- Messy home
- Dirty clothes for the child
- Domestic violence
- Leaving a child home alone
Neglect is based on the maturity of the child. For example, if a child is old enough and mature enough to be left home alone, then you cannot report that as neglect to DCF.
What Are The Warning Signs of Child Abuse or Neglect?
There are many warning signs that indicate a child may be at risk of abuse or neglect.
Child Abuse Warning Signs
When you suspect a child may be experiencing abuse, look for these signs:
- Unexplained bruises, welts, or burns on the body or face
- Uncommon injuries on the child’s body
- Burn marks that indicate 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
- Injuries on weird parts of the child’s body
- Extreme or fearful behavior
Child Neglect Warning Signs
When you suspect a child may be experiencing neglect, look for these signs:
- Frequent absences from school or daycare
- Child did not receive the proper medical care for any of their health issues
- Sudden changes in behavior or school performance
- The parent or caretaker denies there are any issues with the child when someone raises concerns
- The parent or caretaker shows little to no care about the child’s issues
Who is a Mandated Reporter?
Mandated reporters are professionals who frequently work directly with children such as teachers, doctors, or police officers. Mandated reporters must immediately file a report to DCF each and every time they suspect child abuse or neglect. You don’t have to be a mandated reporter to file a 51A report, though. Anyone can report to DCF when they suspect a child abuse or neglect. You can report anonymously but only if you are not a mandated reporter. Despite this, the state has also decided to designate professionals that come in contact with children often to help keep children safe. This could be a child’s teacher that they see each day in school, or pediatrician, or therapist. Designating specific professionals as mandated reporters helps to ensure that children in need get the support necessary to live healthy lives.
How Do People Report Abuse or Neglect to DCF?
When you or someone you know suspects a parent or caretaker is abusing or neglecting a child in their care, you can contact DCF to make a report. You can contact a DCF area office in the county that the child lives in. Or, you can contact the Child-at-Risk-Hotline for after hour services. DCF will screen your report and determine if there is an immediate concern for the child’s safety. There are multiple ways to contact DCF and make a report for child abuse or neglect.
How Soon Does DCF Respond with an Investigation?
How soon DCF responds to the 51A report with an investigation depends on how serious the abuse or neglect situation is. When the situation is serious, DCF has to do an “emergency response“. When the situation is less serious, DCF will do a “non-emergency response“.
In an emergency investigation, DCF will respond within 2 hours and assess the child’s safety. Then they interview the adults and children in the family within 24 hours. They have up to 5 business days to complete the investigation. In a non-emergency investigation situation, DCF will assess the child’s safety within 3 business days. They will take 15 business days to complete their investigation.
Will DCF Put Every Child in Foster Care?
No, DCF does not put every child they are involved with into foster care. DCF will put a child into foster care when they are already in a family’s life and they have major concerns for a child’s safety or when the parent or caretaker refuses to cooperate with DCF. In cases where the child is experiencing serious physical abuse or serious sexual abuse, DCF will put the child in foster care. The Department will also put the child in foster care if the parents constantly fail to complete tasks in their Action Plan or when they constantly fail to do what DCF asks them to do. When there is enough evidence in the 51A report to suggest the child is in immediate danger, DCF will remove the child from their home and seek alternative living arrangements. This does not necessarily mean foster care. DCF prioritizes situating the child with a trusted family member or friend first. When this is not possible, then DCF will put the child in foster care. Even though foster care is a last result, DCF still places many children in it for minor reasons. It is very difficult for parents to get their children back once DCF put them into foster care.
Is Foster Care Safe for Children?
Foster care is not the best option for children, despite what DCF may lead you to believe. Many foster parents have good intentions and truly want to help the children they care for. On the other hand, children are still at risk of serious harm in foster care. DCF also lets some questionable people be foster parents. These questionable individuals include people with with criminal records, and physical and mental health conditions.
Are Children Safe in DCF Custody?
Children can still die or suffer harm in DCF custody. In 2015, the Boston Globe reported that a 2 year old toddler had died in DCF custody at a foster home, and a 22-month old in the same home was hospitalized and in “critical condition”. The grieving mother expressed that in her experience, she found DCF to be extremely difficult to work with. Incidents like this push parents to ensure they are doing everything right when working with DCF so they do not have to resort to foster care.
Kevin Seaver is a trusted Massachusetts DCF lawyer specialized in DCF law 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.