Who has to report?

Anyone who suspects a child has been abused or neglected can file a report with the Massachusetts Department of Children and Families (DCF) or call their local police department.

People whose jobs regularly bring them in contact with children and who have been specifically designated by the Legislature as mandated reporters are legally obligated to notify DCF when they suspect a child under the age of 18 is being abused or neglected.

Punishment:

It is a crime punishable by a fine of up to $1000 for a mandated reporter to fail to file such a report (known as a 51A report). Effective July 1, 2010, the penalties for violating Massachusetts General Laws c. 119, § 51A are:

• Up to $1000 fine for a mandated reporter’s failure to file a 51A report;
• Up to $2000 fine (first offense), imprisonment in jail for not more than 6 months and up to $2000 fine (second offense), and imprisonment in jail for not more than 2½ years and up to $2000 fine (third and subsequent offense) for anyone who willfully files a frivolous 51A report; and
• Imprisonment in jail for not more than 2½ years and up to $5000 fine for any mandated reporter who has knowledge of child abuse or neglect that resulted in serious bodily injury to or death of a child and willfully fails to file a 51A report.  The trial court shall notify any appropriate professional licensing authority of the mandated reporter’s violation upon a guilty finding or continuance without a finding for this offense.

How to report – Mandated reporters:

• Must phone in an oral report immediately by calling the local area office where the child lives or the Hotline after-hours or on the weekend;
• Must file a written report with DCF within 48 hours;
• May also notify local law enforcement authorities or the Office of the Child Advocate.

A 51A report filed by a mandated reporter shall contain:

1. The names and addresses of the child and the child’s parents or other person responsible for the child’s care, if known;
2. The child’s age;
3. The child’s sex;
4. The nature and extent of the child’s injuries, abuse, maltreatment or neglect, including any evidence of prior injuries, abuse, maltreatment or neglect;
5. The circumstances under which the person required to report first became aware of the child’s injuries, abuse, maltreatment or neglect;
6. Whatever action, if any, was taken to treat, shelter or otherwise assist the child;
7. The name of the person or persons making the report;
8. Any other information that the person reporting believes might be helpful in establishing the cause of the injuries;
9. The identity of the person or persons responsible for the neglect or injuries; and
10. Other information required by the department.

51A Online Mandated Reporter Training:

The Middlesex Children’s Advocacy Center, in collaboration with the Middlesex District Attorney’s Office, recently launched the state’s first online mandated reporter training.  The program is designed to help mandated reporters who work in Middlesex County and who work with children who reside in Middlesex County:  understand their legal obligations as mandated reporters; recognize possible signs and symptoms of child abuse and neglect; know how to respond to a child who discloses abuse; know how to file a 51A Report; and understand what happens after a 51A Report is filed.

As of January 1, 2010, mandated reporters who are professionally licensed by the Commonwealth are required to complete a training to recognize and report suspected child abuse and neglect.