Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1638 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3721 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1638
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kate Lipper-Garabedian
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act defining abuse and neglect of a child.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Lipper-Garabedian32nd Middlesex1/20/2023Marian T. Ryan, Middlesex County
16	16	District Attorney
17	17	151 Warren St, Lowell, MA 018521/20/2023 1 of 3
18	18	HOUSE DOCKET, NO. 3721 FILED ON: 1/20/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 1638
20	20	By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No.
21	21	1638) of Kate Lipper-Garabedian and Marian T. Ryan, Middlesex County District Attorney for
22	22	legislation to further define abuse and neglect of children. The Judiciary.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 1743 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act defining abuse and neglect of a child.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 Section 1. (a) Section 21 of Chapter 119 of the General Laws, as appearing in the 2020
34	34	2official edition, is hereby amended by inserting after the words “or neglect” in line 5 the
35	35	3following definition:
36	36	4 “Abuse”, both physical and sexual abuse. Any individual, not limited to a caregiver, may
37	37	5commit abuse.
38	38	6 (b) Said section 21, as so appearing, is hereby further amended by inserting after the
39	39	7words “child advocate” in line 74 the following definition:
40	40	8 “Neglect”, the failure by a caregiver to take those actions necessary to provide a child
41	41	9with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability 2 of 3
42	42	10and growth, or other essential care, including malnutrition. Neglect may be deliberate or through
43	43	11negligence or inability, but it cannot be due solely to inadequate economic resources or due
44	44	12solely to the existence of a handicapping condition. Actual injury, whether physical or emotional,
45	45	13is not required.
46	46	14 (c) Said section 21, as so appearing, is hereby further amended by inserting after the
47	47	15words “transitional assistance” in lines 77-78 the following definition:
48	48	16 “Physical abuse”, a non-accidental act that causes or creates a substantial risk of physical
49	49	17injury to a child, including knowingly or recklessly engaging in behavior that was dangerous to
50	50	18the child and resulted in injury. Intent to cause injury to the child is not required.
51	51	19 (d) Said section 21, as so appearing, is hereby further amended by inserting after the
52	52	20words “mental faculty” in line 94 the following definition:
53	53	21 “Sexual abuse”, (1) A non-accidental sexual act with a child that causes harm or
54	54	22substantial risk of harm to the child’s health or welfare. In determining whether the act causes
55	55	23such harm or substantial risk of harm, the following factors are to be considered: whether the act
56	56	24was committed by force or threat of bodily injury; whether the child was incapable of consent
57	57	25due to factors such as intoxication, sleep, or intellectual disability; any age disparity between the
58	58	26child and the alleged perpetrator; the child’s cognitive, emotional, psychological, and social
59	59	27maturity; any power imbalance between the child and the alleged perpetrator; and the presence of
60	60	28any coercive factors; (2) Sexual contact between a caregiver and a child for whom the caregiver
61	61	29is responsible; or (3) Sexual contact between a child and any individual, not limited to a
62	62	30caregiver, by verbal or written communication, except that a communication (a) that is
63	63	31reasonably intended to provide information and direction for a child’s education and physical 3 of 3
64	64	32and emotional well-being; or (b) that is consensual, is between peers, and shall not involve
65	65	33coercion or exploitation, does not constitute sexual abuse.