Parent-Child Testimony in Massachusetts
G.L. c. 233, § 20 — The Parent-Child Disqualification and Limits on Testifying Against One’s Own Child
One of the most common questions parents ask when a child is charged with a crime is whether they can be forced to testify against their own son or daughter. Until 2018 the answer was generally yes. The Criminal Justice Reform Act changed that by creating a statutory parent-child disqualification. Under G.L. c. 233, § 20 (Fourth), a parent generally may not testify against a minor child, and a minor child may not testify against a parent, in criminal, delinquency, and youthful offender proceedings.
This expanded guide explains the scope of the disqualification, the definition of “parent,” the important exception for household family-member victims, the clarification provided by the Supreme Judicial Court in Commonwealth v. Vigiani, and practical implications for defense counsel and families.
The Parent-Child Disqualification
Section 20, Fourth, provides that a parent shall not testify against the parent’s minor child and a minor child shall not testify against the child’s parent in a proceeding before an inquest, grand jury, trial of an indictment or complaint, or any other criminal, delinquency, or youthful offender proceeding in which the victim is not a family member and does not reside in the family household.
Even when the victim is a family member who resides in the household, the parent is still prohibited from testifying about any communication with the minor child that was for the purpose of seeking advice regarding the child’s legal rights. This second protection preserves the child’s ability to seek guidance from a parent about legal matters without fear that the conversation will later be used against the child.
Who Qualifies as a “Parent”?
The statute defines “parent” broadly. It includes:
- A biological parent;
- An adoptive parent;
- A stepparent;
- A legal guardian; and
- Any other person who has the right to act in loco parentis for the child.
This expanded definition ensures that the disqualification protects the relationship between a minor and the adult who is functionally serving as the child’s parent, not merely the biological relationship.
Commonwealth v. Vigiani — Defense Witnesses Are Permitted
In Commonwealth v. Vigiani (2021), the Supreme Judicial Court clarified an important limitation on the disqualification. The statute prohibits a parent from testifying “against” the minor child. The Court held that this language bars the Commonwealth from calling the parent as a witness for the prosecution, but it does not prevent the child from calling the parent as a defense witness.
The distinction is significant. A parent who is willing to testify in support of the child’s defense may do so. The disqualification is not a two-way absolute bar; it is a protection against the use of parental testimony by the government.
Scope and Important Limits
Several practical limits should be kept in mind:
- The disqualification applies only in criminal, delinquency, and youthful offender proceedings (including inquests and grand juries). It does not apply in civil cases such as divorce, custody, or care-and-protection matters.
- It protects only minor children (under age 18). Adult children receive no comparable statutory protection.
- When the victim is a household family member, the general bar on parental testimony is lifted, but the specific protection for legal-advice communications remains in force.
- The disqualification applies to offenses committed on or after April 13, 2018, the effective date of the reform legislation.
Practical Advice for Families and Counsel
When a minor is charged:
- Parents should understand that they generally cannot be compelled by the Commonwealth to testify against their child;
- Counsel should be prepared to assert the disqualification if the prosecutor attempts to call a parent;
- If the parent has helpful testimony for the defense, the child may still call the parent as a witness;
- Communications in which the child seeks legal advice from the parent remain protected even in household-victim cases; and
- Early consultation with counsel helps preserve these protections and avoid inadvertent waiver or disclosure.
Frequently Asked Questions
Can the prosecutor force me to testify against my child?
Generally no, when the victim is not a household family member. The statutory disqualification prevents the Commonwealth from calling a parent to testify against a minor child in covered proceedings.
Can my child call me as a defense witness?
Yes. Commonwealth v. Vigiani confirms that the disqualification does not prevent a minor from calling a parent to testify in the child’s defense.
Does the protection apply if the victim is another family member living in the home?
The general bar on parental testimony is lifted in that situation, but the parent still may not testify about communications in which the child sought advice regarding the child’s legal rights.
Why Experienced Counsel Matters
The parent-child disqualification is a powerful but technical protection. Knowing when it applies, how to assert it, and how it interacts with the right to call defense witnesses can significantly affect the course of a juvenile or youthful-offender case. An attorney familiar with both the statute and the case law can protect the family relationship while advancing the child’s defense.
Contact Criminal Defense Attorney William J. Barabino
If your child is facing criminal or delinquency charges and you have questions about whether you can be required to testify, or about the broader protections available under the Criminal Justice Reform Act, experienced representation is essential. The Law Office of William J. Barabino provides client-focused criminal defense throughout Massachusetts.
Call 781-393-5900 today for a confidential consultation.
Visit williambarabino.com for additional resources on juvenile defense and related topics.
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Disclaimer: This article is for educational and informational purposes only and does not constitute legal advice. The law is subject to change, and the application of legal principles depends on the specific facts of each case. Reading this material does not create an attorney-client relationship. For advice regarding your particular situation, consult a qualified Massachusetts criminal defense attorney.
