Title: Definitions of abuse and neglect | Mass.gov
Headings: Definitions of abuse and neglect
Definitions of abuse and neglect
Table of Contents
Abuse
Caregiver definition
Physical injury definition
Emotional injury definition
Sexual abuse definition
Sexually exploited child definition
Human trafficking victim definition
Neglect
Substance exposed newborn (SEN)
Shaken baby syndrome
Contact
Report Child Abuse

Content: Caregiver definition
A child’s parent, stepparent, guardian, or any household member entrusted with the responsibility for a child’s health or welfare
Any other person entrusted with responsibility for a child’s welfare, whether in the child’s home, a relative’s home, a school setting, a child care setting (including babysitting), a foster home, a group care facility, or any other comparable setting. As such “caregiver” includes, but is not limited to: School teachers
Babysitters
School bus drivers
Camp counselors
The “caregiver” definition should be construed broadly and inclusively to encompass any person who at the time in question is entrusted with a degree of responsibility for the child. This specifically includes a caregiver who is him/herself a child such as a babysitter under age 18. Physical injury definition
Death, fracture of a bone, subdural hematoma, burns, impairment of any organ, soft tissue swelling, skin bruising and any other such nontrivial injury depending upon such factors as the child’s age, circumstances under which the injury occurred, and the number and location of bruises. Emotional injury definition
An impairment to or disorder of the intellectual or psychological capacity of a child as evidenced by an observable and substantial reduction in the child’s ability to function with a normal range of performance and behavior. Sexual abuse definition
Any non-accidental act by a caregiver upon a child that constitutes a sexual offense under the laws of the Commonwealth or any sexual contact between a caregiver and a child for whom the caregiver is responsible. Sexually exploited child definition
As defined in MGL Chapter 119, Section 21, any person under the age of 18 who has been subjected to sexual exploitation because such person: Is the victim of the crime of sexual servitude pursuant to section 50 of chapter 265 or is the victim of sex trafficking as defined in 22 United States Code 7105
Engages, agrees to engage or offers to engage in sexual conduct with another person in exchange for a fee, in violation of subsection (a) of section 53A of chapter 272, or in exchange for food, shelter, clothing, education or care
Is a victim of the crime of inducing a minor into prostitution under section 4A of chapter 272, or
Engages in common night walking or common streetwalking under section 53 of chapter 272
Human trafficking victim definition
The following is based on MGL Chapter 233, Section 20M and MGL Chapter 265, Sections 50 and 51. A person who is subjected to harboring, recruitment, transportation, provision, obtaining, patronizing, or soliciting for the purpose of: