Mass. Gen. Laws » Part III Title II Chapter 233
Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 82 (2026)

Civil proceedings; out-of-court statements describing sexual contact; admissibility

✓ current as of July 2026
Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 82. (a) The out-of-court statements of a child under the age of ten describing any act of sexual contact performed on or with the child, the circumstances under which it occurred, or which identifies the perpetrator shall be admissible as substantive evidence in any civil proceeding, except proceedings brought under subparagraph C of section twenty-three or section twenty-four of chapter one hundred and nineteen; provided, however, that such statement is offered as evidence of a material fact and is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; the person to whom such statement was made or who heard the child make such statement testifies; the judge finds pursuant to subsection (b) that the child is unavailable as a witness; and the judge finds pursuant to subsection (c) that such statement is reliable.

(b) The proponent of such statement shall demonstrate a diligent and good faith effort to produce the child and shall bear the burden of showing unavailability. A finding of unavailability shall be supported by specific findings on the record, describing facts with particularity, demonstrating that:

(1) the child is unable to be present or to testify because of death or existing physical or mental illness or infirmity; or

(2) by a ruling of the court, the child is exempt on the ground of privilege from testifying concerning the subject matter of such statement; or

(3) the child testifies to a lack of memory of the subject matter of such statement; or

(4) the child is absent from the hearing and the proponent of such statement has been unable to procure the attendance of the child by process or by other reasonable means; or

(5) the court finds, based upon expert testimony from a treating psychiatrist, psychologist, or clinician, that testifying would be likely to cause severe psychological or emotional trauma to the child; or

(6) the child is not competent to testify.

(c) If a finding of unavailability is made, the out-of-court statement shall be admitted if the judge further statement was made under oath, that it was accurately recorded and preserved, and there was sufficient opportunity to cross-examine; or (2) after holding a separate hearing and, where practicable and where not inconsistent with the best interests of the child, meeting with the child, that such statement was made under circumstances inherently demonstrating a special guarantee of reliability.

For the purposes of finding circumstances demonstrating reliability pursuant to clause (2) of subsection (c) a judge may consider whether the relator documented the child witness's statement, and shall consider the following factors:

(i) the clarity of the statement, meaning, the child's capacity to observe, remember, and give expression to that which such child has seen, heard, or experienced; provided, however, that a finding under this clause shall be supported by expert testimony from a treating psychiatrist, psychologist, or clinician;

(ii) the time, content and circumstances of the statement;

(iii) the existence of corroborative evidence of the substance of the statement regarding the abuse including either the act, the circumstances, or the identity of the perpetrator;

(iv) the child's sincerity and ability to appreciate the consequences of the statement.

(d) An out-of-court statement admissible by common law or by statute shall remain admissible notwithstanding the provisions of this section.

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1993–2025 · leading case: Adoption of Quentin, 678 N.E.2d 1325 (Mass. 1997).
Sort: Relevance Newest Treatment
Adoption of Quentin, 678 N.E.2d 1325 (Mass. 1997). · cites it 7× “In addition, the parents claim that the judge erred in admitting out-of-court statements under G. L. c. 233, § 82, a statutorily created exception to the hearsay rule for statements made by a child under the age of ten describing sexual contact.”
Adoption of Daisy, 934 N.E.2d 252 (Mass. App. Ct. 2010). · cites it 6× “The mother, but not the father, has appealed, claiming that the trial judge erroneously admitted Daisy’s hearsay statements concerning sexual abuse in lieu of her live testimony, pursuant to G. L. c. 233, § 82; that the department abused its discretion by failing to provide…”
Adoption of Olivette, 944 N.E.2d 1068 (Mass. App. Ct. 2011). · cites it 7× “Among the claims of error raised by the parents in their appeals from decrees terminating their parental rights is the claim that the trial judge erred in admitting hearsay testimony concerning the child’s allegations of sexual abuse pursuant to G. L. c. 233, § 82. We conclude…”
Adoption of Daisy, 948 N.E.2d 1239 (Mass. 2011). · cites it 5× “233, § 82, which in certain circumstances allows the admission in evidence in a civil proceeding of “out-of-court statements of a child under the age of ten describing any act of sexual contact performed on or with the child,” applies where the child was under the age of ten…”
Adoption of Tina, 701 N.E.2d 671 (Mass. App. Ct. 1998). · cites it 5× “Their main claims are that the judge (1) erroneously admitted the findings entered in a 1994 proceeding adjudicating their three other children in need of care and protection, (2) precluded them from controverting those findings, and (3) erroneously admitted reports of a court…”
Adoption of Arnold, 741 N.E.2d 456 (Mass. App. Ct. 2001). · cites it 3× “The father argues that the trial judge erred in admitting in evidence, pursuant to G. L. c. 233, § 82, certain hearsay statements.”
Care & Prot. of Rebecca, 643 N.E.2d 26 (Mass. 1994). · cites it 2× “The mother also claims that her right to equal protection is violated because the threshold for the admission of an out-of-court statement related to sexual abuse made by a child under the age of ten is lower in care and protection proceedings than it is in the other civil…”
Adoption of Kimberly, 609 N.E.2d 73 (Mass. 1993). “Pursuant to G. L. c. 233, § 82 (1990 ed.), 13 the department filed a motion to admit six out-of-court statements of Joyce at trial.”
Adoption of Carla, 623 N.E.2d 1118 (Mass. 1993). “See G. L. c. 233, § 82. 4 In addition to seeking to prevent the testimony of the psychologist, Sally’s motion in limine sought to exclude from evidence the psychologist’s written evaluation of Sally and the investigator’s three reports prepared for an earlier care and protection…”
Adoption of Sean, 630 N.E.2d 604 (Mass. App. Ct. 1994). · cites it 2× “As a result, the mother and father argue that the judge must have relied upon those statements for the truth of the matter and that because the child did not testify the judge could not rely on such statements without making certain required findings under G. L. c. 233, § 82.…”
Care & Prot. of Sophie, 865 N.E.2d 789 (Mass. 2007). “G. L. c. 233, § 82 (b) (5) (allowing evidence in sexual abuse cases of extrajudicial statements of young children found to be unavailable because testifying would be likely to cause severe psychological or emotional trauma).”
Adoption of Stuart, 656 N.E.2d 916 (Mass. App. Ct. 1995). “This would presumably encompass statements made to DSS social workers and therapists, whether recited during live trial testimony or in exhibits such as the § 51A reports and affidavit.”
Show all 19 citing cases →
— Mass. Gen. Laws ch. 233, § 82(a) — 2 cases
F.A.P. v. J.E.S. (Mass. App. Ct. 2015).
F.A.P. v. J.E.S., 87 Mass. App. Ct. 597 (Mass. App. Ct. 2015).
— Mass. Gen. Laws ch. 233, § 82(c)(i) — 3 cases
Adoption of Olivette, 944 N.E.2d 1068 (Mass. App. Ct. 2011). “Among the claims of error raised by the parents in their appeals from decrees terminating their parental rights is the claim that the trial judge erred in admitting hearsay testimony concerning the child’s allegations of sexual abuse pursuant to G. L. c. 233, § 82. We conclude…”
Edward E. v. Dep't of Soc. Servs., 678 N.E.2d 163 (Mass. App. Ct. 1997).
Ferreira v. Dep't of Soc. Servs., 14 Mass. L. Rptr. 53 (Mass. Super. Ct. 2001).
— Mass. Gen. Laws ch. 233, § 82(c)(iii) — 1 case
Adoption of Olivette, 944 N.E.2d 1068 (Mass. App. Ct. 2011). “Among the claims of error raised by the parents in their appeals from decrees terminating their parental rights is the claim that the trial judge erred in admitting hearsay testimony concerning the child’s allegations of sexual abuse pursuant to G. L. c. 233, § 82. We conclude…”
— Mass. Gen. Laws ch. 233, § 82(d) — 2 cases
F.A.P. v. J.E.S. (Mass. App. Ct. 2015).
F.A.P. v. J.E.S., 87 Mass. App. Ct. 597 (Mass. App. Ct. 2015).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.