MASSACHUSETTS

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WHO:        ANY person MAY report if they have reasonable cause to believe that a child is suffering from or has died as a result of abuse or neglect.  [Gen. Laws Ch. 119, § 51A]

These are mandatory (MUST report): • Physicians, medical interns, hospital personnel, medical examiners, psychologists, emergency medical technicians, dentists, nurses, chiropractors, podiatrists, optometrists, osteopaths, allied mental health and human services professionals, drug and alcoholism counselors, psychiatrists, or clinical social workers • Public or private schoolteachers, educational administrators, guidance or family counselors, or child care workers • Persons paid to care for or work with children in any public or private facility, home, or program that provides child care or residential services to children • Persons who provide the services of child care resource and referral agencies, voucher management agencies, family child care systems, or child care food programs • Licensors of the Department of Early Education and Care or school attendance officers • Probation officers, clerk-magistrates of a district court, parole officers, social workers, foster parents, firefighters, police officers, or animal control officers • Priests, rabbis, clergy members, ordained or licensed ministers, leaders of any church or religious body, or accredited Christian Science practitioners • Persons performing official duties on behalf of a church or religious body that are recognized as the duties of a priest, rabbi, clergy, ordained or licensed minister, leader of any church or religious body, or accredited Christian Science practitioner • Persons employed by a church or religious body to supervise, educate, coach, train, or counsel a child on a regular basis • Persons in charge of a medical or other public or private institution, school, or facility or that person’s designated agent • The child advocate.  [Gen. Laws Ch. 119, § 21]

·       NOTE: The mandate concerns only observations made in a professional capacity.

·       STANDARDS:  Child means under age 18.  [Regs. Code tit. 110, § 2.00; Gen. Laws Ch. 119, §§ 21; 51A]

(1)    Mandatory (profession-based) reporters: acting in a professional capacity, have reasonable cause to believe that a child suffers physical or emotional injury from any of: (a) inflicted abuse that causes harm or substantial risk of it to health or welfare, that may include sexual abuse; (b) neglect, that may include malnutrition; (c) physical dependence upon an addictive drug at birth; (d) being sexually exploited; or (e) being a human trafficking victim (Gen. Laws Ch. 233, § 20M).

(2)    Other reporters:  reasonable cause to believe that a child is suffering from or has died as a result of abuse or neglect.

·       EXEMPT:  Only clergy-confession privilege is permitted. BUT clergy are mandated reporters for information they learn in another capacity.  [Gen. Laws Ch. 119, § 51A].    

WHEN:      For mandated reporters:  (1) IMMEDIATE oral report ; then (2) written report within 48 HOURS after making the oral report.  [Gen. Laws Ch. 119, § 51A] 

WHERE & HOW:  Reports are made to the Department of Children & Families (DCF) office for the area where the parent or caregiver resides. But there are exceptions and special cases noted here for the protocol.  [Gen. Laws Ch. 119, § 51A; Regs. Code tit. 110, § 4.20]

·       INSTITUTIONAL: A mandated reporter on staff at a medical or other public or private institution, school, or facility MAY instead of reporting, notify its head, who is then responsible for reporting. Employers must not penalize a good-faith mandated reporter.  [Gen. Laws Ch. 119, § 51A(a),(h)]

·       SUSPICIOUS DEATH: A mandated reporter MUST report it to both (1) the district attorney of the county where death occurred (a directory is below) and (2) the Office of the Chief Medical Examiner (web pages with contact information are below).

(1)    https://www.mass.gov/lists/directory-of-district-attorney-offices

(2)      https://www.mass.gov/orgs/office-of-the-chief-medical-examiner

·       DISCRETION: A mandatory reporter MAY also notify others in parallel with notifying DCF: (1) local law enforcement (for directory, see https://www.usacops.com/ma/) &/or (2) the child advocate (https://www.mass.gov/orgs/office-of-the-child-advocate).

For emergencies:                              Dial 911, and report afterward

REPORTS TO DCF:

·       Directory of area offices: or see listings in the mandatory reporter’s guide below.

o   https://www.mass.gov/orgs/massachusetts-department-of-children-families/locations?_page=1

·       Oral reports:  during regular business hours (8:45 am–5:00 pm M-F) phone an area office. On nights, weekends & holidays call the Child-at-Risk Hotline: 800-792-5200

·       Written reports: fax or mail to the local DCF office. OR mandated reports may be online: see: mass.gov/how-to/report-child-abuse-or-neglect-as-a-mandated-reporter 

o   Form: https://www.mass.gov/doc/child-abuse-reporting-form/download or https://www.mass.gov/files/child-abuse-reporting-form.pdf

o   Guide https://www.mass.gov/files/documents/2016/07/qf/can-mandated-reporters-guide.pdf

OTHER ASPECTS

·       REPORT DETAILS:  [Gen. Laws Ch. 119, § 51A, and Mandatory Reporter’s Guide]

o   It MUST contain: (1) names and addresses of the child and his/her parents or other person responsible for his/her care, if known; (2) child’s age and sex; (3) nature and extent of injuries, abuse, maltreatment, or neglect, and any evidence of prior instances; (4) how the reporter became aware of them, and when; (5) the reporter’s acts, if any, to treat, shelter, or assist the child (attach photos to written report); (6) reporter name(s); (7) any other info that may help establish the cause of injuries; (8) identity/ies of person(s) the reporter suspects; (9) Other info that DCF requires.

o   Mandated reporters SHOULD also include: (10) the reporter’s phone number and relationship, if any, to the child(ren); (11) other known identifying info about child and parent or other caregiver, such as emergency contacts and language(s); (12) any concerns about parent/caregiver substance abuse; (13) any info to help DCF staff safely contact an adult victim of domestic violence (e.g., work schedule, place of employment, daily routine); (14) any concerns for social worker safety; and (15) any other info about family strengths and capacities that is helpful to ensure the child’s safety and/or support the family to address abuse and/or neglect concerns.

·       REPORTER PROTECTION: (1) Reports MUST give the reporter’s name.  [Gen. Laws Ch. 119, § 51A]  (2) DCF regulations protect identities except under court order or statutory disclosure to district attorneys and law enforcement.  [Mandatory Reporter’s Guide] (3) Mandated reports in good faith, without frivolousness, are immune from civil and criminal liability. Reports in good faith by others are immune, too.  BUT a reporter’s suspected abuse or neglect is not immunized.  [Gen. Laws Ch. 119, § 51A(g)]

WHY:        (1) Mandatory reporters who do not report have a < $1,000 fine. BUT (2) willfully failing to report knowledge of abuse or neglect that results in the child’s serious bodily injury or death has a < $5,000 fine and/or < 2 ½ years’ imprisonment and notice to the professional licensing authority.  (3) Knowing, willful filing of a frivolous report has: a < $2,000 fine the 1^st time; < $2,000 fine and < 6 months’ imprisonment the 2^nd time; and < $2,000 fine and < 2 ½ years’ imprisonment per time thereafter.  [Gen. Laws Ch. 119, § 51A(c)]     

WHAT:      Massachusetts defines abuse as acts creating a risk of physical or emotional injury, a sexual offense under its law, or sexual contact between a child and his/her caregiver, and also defines neglect.  [Tit. 110, § 2.00]  And prenatal drug exposure, sexual exploitation, and human trafficking must also be reported.  [Gen. Laws Ch. 119, § 51A]

Initial Screening Criteria (1) identify children (2) at risk (3) from a caregiver and (4) whether a child’s life, health, or physical safety is in immediate danger. Emergencies get immediate responses. Other qualifying cases have a non-emergency investigation. DCF screens out reports where: (a) no caretaker is involved; (b) the info is not current (within reason); (c) are from a reporter with an unreliable history; or (d) are from redundant reliable reporters for the same event.   [Regs. Code tit. 110, §§ 4.21; 4.25]

·        Suspected perpetrators who are NOT caretakers should be reported to POLICE.

·        The screener may provide the reporter with information about other authorities (police, district attorney, licensing agency, etc.) who should be called (also or instead).

Reportable: (1) caretakers for physical injury, mental injury, sexual offense, sexual contact, neglect; (2) the birth mother for a baby’s physical dependence upon an addictive drug at birth; or (3) anytime a child is a victim of sexual exploitation or human trafficking.

·        Suspected child abusers outside this scope may be reportable to police as potentially breaking other laws.

·        Caretaker (= caregiver) means a: (a) parent; (b) stepparent; (c) guardian; (d) household member responsible for a child's health or welfare; or (e) anyone else entrusted with that responsibility, in the child's home, relative's home, school setting, daycare setting (including babysitting), foster home, group care facility, etc., even children in that role.  [Gen. Laws Ch. 119, § 51A; Regs. Code tit. 110, § 2.00]  

Abuse is (a) a caregiver’s (b) nonaccidental act upon a (c) child that causes or creates a substantial risk or (i) physical or (ii) emotional injury, or (iii) constitutes a sexual offense under Massachusetts law, or (iv) any sexual contact between the caregiver and child. The location does not alter whether it is abuse.  [Regs. Code tit. 110, § 2.00]

(A)     Physical Injury means any of: (a) death; (b) bone fracture, subdural hematoma, burns, organ impairment, & other nontrivial injuries; (c) soft tissue swelling or skin bruising depending upon such factors as the child's age, injury circumstances, and number and location of bruises; (d) addiction to a drug at birth; and (e) failure to thrive.

(1)     Serious bodily injury has a substantial risk of: (i) death; (ii) extreme physical pain; (iii) protracted and obvious disfigurement; or (iv) protracted loss or impairment of function of a bodily member, organ or mental faculty.  [Gen. Laws Ch. 119, § 21]

(B)     Emotional Injury means impairment to or disorder of intellectual or psychological capacity of a child as evidenced by observable and substantial reduction in the child's ability to function within a normal range of performance and behavior.

(C)     Sex Offenses to a child include attempts: (a) indecent assault & battery; (b) rape; (c) assault with intent; (d) kidnapping; (e) enticing under age 16 to crime; (f) drugging for intercourse; (g) for prostitution: enticement (or electronically), inducing, or living off/sharing earnings; (h) open, gross lewdness and lasciviousness; (i) incestuous marriage or intercourse; (j) disseminating harmful matter; (k) exhibiting in a state of nudity; (l) possessing child porn; (m) unnatural, lascivious acts (e.g., public fellatio & oral-anal contact) under age 16; (n) trafficking for sexual servitude; (o) sexual contact with an animal; (p) sex under age 16; or (q) sexually touching under age 14. [https://www.mass.gov/info-details/massachusetts-law-about-sex ; https://www.mass.gov/service-details/massachusetts-sex-offenses#:~:text=dissemination%20of%20visual%20material%20of,with%20a%20child%20under%2016%3B&text=Aggravated%20Indecent%20Assault%20and%20Battery%20on%20a%20Child%20under%2014%20(G.L.]

(1)     CONTEXT: THE AGE OF CONSENT is 16 or 18. (a) Statutory rape (I) involves sexual intercourse (natural or not) under age 16. (b) Statutory rape (II) induces unlawful sexual intercourse by a person of chaste life [virgin, male or female] under age 18. Age differences do not alter age of consent. Law is stricter on sex offenses by mandated reporters.  [Gen. Laws Ch. 265, §§ 23; 23A; 272 § 4]

(2)     CONTEXT: INCEST is marriage or (any penetrative) sexual activity with one’s: (a) grandparent or grandparent’s spouse; (b) parent or stepparent; (c) child or child’s spouse; (d) grandchild or grandchild’s spouse; (e) brother, sister, brother’s child, or sister’s child; (f) spouse’s: parent, grandparent, child, or grandchild; or (g) parent’s brother or sister.  [Gen. Laws Ch. 272, § 17; 207, §§ 1; 2]

(D)    Sexual Contact is indecent assault and battery: intentional touching, on or under clothes, of private parts without legal justification or excuse, e.g., touching buttocks, breast, or genitals, or unwanted kissing particularly if the tongue is inserted.  [cf. pp. 9-10 at: https://www.mass.gov/doc/2017-adult-sexual-assault-law-enforcement-guidelines-0/download]

Sexual Exploitation means that a child: (a) is a victim of sexual servitude or sex trafficking; (b) does, agrees, or offers to engage in sexual conduct with another; (c) has been induced into prostitution, even if the inducement was not prosecuted; or (d) engages in common night walking or common street walking.  [Gen. Laws. Ch. 119, § 21]

Human Trafficking means (a) anyone (b) subjects, recruits, entices, harbors, transports, provides or obtains, or attempts to do so, (c) another person either (d1) for COMMERCIAL sexual activity, a sexually-explicit PERFORMANCE or the production of unlawful PORN or (d2) intending or knowing of the forced services, and (e) the perpetrator benefits financially or receives anything of value as a result.  [Gen. Laws Ch. 233, § 20M]

Physical Dependence Upon an Addictive Drug at Birth is a physical injury; see above. 

Neglect is (a) a caregiver’s (b) failure (deliberately or negligently or by inability) to take (c) needed action to provide (d) minimally adequate: (i) food; (ii) clothing; (iii) shelter; (iv) medical care; (v) supervision; (vi) emotional stability; and (vii) growth, or (viii) other essential care. Location does not alter whether it is neglect.  [Regs. Code tit. 110, § 2.00]

(A)     Exception: It is NOT neglect if a person is unable to provide for the child due solely to (a) inadequate funds or (b) a handicap.  [Regs. Code tit. 110, § 2.00]

(B)     Abandonment of a child age <10 means: (a) any person leaves him/her inside or outside of a building; OR (b) a parent or other person [defaults on a contract for others to provide the child’s] board or maintenance, and [with no excuse of physical or mental inability], for 4 weeks the parent does not (i) visit the child, (ii) retrieve the child, or (iii) notify DCF of an inability to support the child.  [Gen. Laws Ch. 119, § 39]