Bill > H1359

This bill aims to further define abuse and neglect of children in Massachusetts. The key provisions include: 1. Defining "abuse" as both physical and sexual abuse, which can be committed by any individual, not just a caregiver. 2. Defining "neglect" as the failure of a caregiver to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability, and other essential care, and that neglect can be deliberate or due to negligence or inability, but not solely due to inadequate economic resources or a handicapping condition. 3. Defining "physical abuse" as a non-accidental act that causes or creates a substantial risk of physical injury to a child, including knowingly or recklessly engaging in dangerous behavior that results in injury, without the requirement of intent to cause injury. 4. Defining "sexual abuse" as a non-accidental sexual act with a child that causes harm or substantial risk of harm, taking into account factors such as force, consent, age disparity, and power imbalance, as well as sexual contact between a caregiver and a child for whom the caregiver is responsible, and sexual contact between a child and any individual, with some exceptions for educational or consensual communications between peers.

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https://malegislature.gov/Bills/191/H1359