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Definitions of Child Abuse and Neglect Massachusetts

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Statute: Ch. 119, § 51A; Ch. 209, § 38

Standard


Inflicted harm

Substantial risk of harm

Exemption

Not addressed in statutes reviewed

Categories of Maltreatment Defined in Statute

Physical abuse

Neglect

Sexual abuse

Emotional/mental injury

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Categories of Maltreatment Not Defined in Statute

Sexual exploitation

Abandonment

DEFINITIONS

Mass. Gen. Laws Ann. ch. 119, § 21 (West 1994); § 51A (West Supp. 1998)


'Parent' means mother or father.

'Injured, Abused, or Neglected Child' means a child under the age of 18 years who is suffering physical or emotional injury resulting from abuse inflicted upon him which causes harm or substantial risk of harm to the child¿s health or welfare including sexual abuse, or from neglect, including malnutrition, or who is determined to be physically dependent upon an addictive drug at birth.

Mass. Gen. Laws Ann. ch. 209, § 38 (West, WESTLAW through 1999 1st Ann. Sess.)

'Abuse' means the occurrence of one or more of the following acts between a parent and the other parent or between a parent and child:

Attempting to cause or causing bodily injury; or
Placing another in reasonable fear of imminent bodily injury.

'Serious incident of abuse' means the occurrence of one or more of the following acts between a parent and the other parent or between a parent and child:

Attempting to cause or causing serious bodily injury;

Placing another in reasonable fear of imminent serious bodily injury; or

Causing another to engage involuntarily in sexual relations by force, threat or duress.

For purposes of this section, 'bodily injury' and 'serious bodily injury' shall have the same meanings as provided in ch. 265, § 13K.

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