most parents feel that with respect to their children they know best they believe they alone should
be the decision makers relative to health
education discipline social life anything related to the child's general welfare
because children due to their youth and immaturity should not make decisions that would be against
the best interest and because parents have custody
that states should not intervene in the private realm of family life
alas
this is not always the case
and an old english doctrine is responsible
for allowing the state to intervene in certain situations
parens
patriae
is actually an old latin term used in the chancery courts in england
to give the judges the power to act as a parent would
making orders for the protection and welfare of children
this term
became the basis for the
first juvenile court in the united states in eighteen ninety-nine and still is the law
today
states have the power and the duty to interfere in family life when it appears that parents
cannot or will not
act in the best interest of their children
in massachusetts the operative terms are abuse
and neglect and if the state believes parents are abusing or neglecting their children
the state will intervene
the department of social services in massachusetts a state agency
has drafted its own regulations with two purposes
to protect children but also
to respect the family's right to be
free from unwarranted state intrusion
abuse is defined in these regulations as the non accidental commission of an act
by a caretaker upon a child under eighteen which causes or creates a substantial risk
of physical or emotional injury or constitutes a sexual offense or sexual contact
physical injury can be anything as innocuous as a bruise
emotional injury means an impairment or disorder
of intellectual or psychological capacity
as evidenced by a reduction in the child's ability to function within a normal range
of performance and behavior
negligence means the deliberate or negligent failure by a caretaker to provide a child
with minimally adequate food clothing
shelter
medical care supervision emotional stability and growth or other essential care
now how does the state know that you may have abused or neglected your child according
to the meaning of these regulations especially when
for the most part
families are left alone
someone reports you that's how
it might be a concerned neighbor or a relative
it might be someone called a mandated reporter that is it is their legal obligation
to report you
say your sons schoolteacher observes bruises on his arms and he says he fell off his bicycle
but the teacher has
reasonable cause to believe that you hit him
the teacher or the supervisor will call the department to report suspected abuse
the phone call is screened in
an example of a report
being screened out
is if for example someone other than a caretaker
may have hit your son
that could be a criminal matter and referred instead to the police or prosecutor
after it is screened in
the department now has an obligation to investigate your family
the investigation will
generally consist of a social worker coming to your house going through it meeting all
the members of family and talking with other people such as school and medical personnel
and neighbors and relatives
the term reasonable cause is frequently used to support decisions relative to your child
if the worker has reasonable cause to believe your child has been abused or neglected
then the report of abuse is supported
this means the department
not only has a file on you but your name now will appear in its central
registry
after the first investigation
that resulted in the
decision to support the initial report of abuse
the department will do a more in-depth investigation of your family
this is called an assessment it takes forty five days and ten days after that
the department drafts a service plan
for your family
because the department's mandate is to strengthen and encourage family life the department
will offer services and suggestions to you for the general welfare of you and your children
for example if the department believes you drink too much and abuse or neglect your
child as a result one of the items on the plan may be to attend AA meetings
if you disagree with these department decisions
you have a right to administratively appeal them you would have to convince a fair hearing
officer
there was no reasonable cause to support the report of abuse
and that the worker incorrectly applied the the departments regulations to your case
suppose that your child did not fall off his bicycle
but you spanked him and you believe this was appropriate discipline and not abuse under
these regulations you could be successful in overturning the department's decision
to support your family for abuse
a father by the name of donald cobble
who spanked his son did just that
in nineteen ninety nine the state's highest court
the supreme judicial court agreed with him
that he merely exercised permissible physical discipline
and that the departments decision to support the report of abuse was not supported by substantial
evidence
on the administrative record
and the report was set aside
for that family that meant relief from state intervention
but they had to go all the way to the state's highest court to get it
this summary explains the basic procedures for the reporting and investigation of child
abuse
and neglect in massachusetts
other states have similar agencies and regulations if you live in another jurisdiction even temporarily
you should check the laws regarding
the reporting and investigation of child abuse and neglect
if you have children in your care
whether they are biological children or children you are responsible for such as step
children or day care