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