Who is a Mandated Reporter? Massachusetts general law, c.119, 51A, requires certain professionals who come into contact with children in connection with performing their duties to report suspected cases of child abuse and neglect to the Department of Children and Families (formerly DSS)

Who is a Mandated Reporter? Physicians, medical interns, hospital personnel, medical examiners ,psychologists, dentists, nurses, chiropractors, podiatrists, optometrists ,public or private schoolteachers, educational administrators, guidance or family counselors, day care and child care workers. Child care or referral agencies and child care food programs Social workers, foster parents, probation officers, clerks magistrates of district courts, parole officers, firefighters and police officers, priests, rabbis, clergy members, or ordained or licensed ministers, leaders of any church or religious body, …….and more.

How are Abuse and Neglect Defined? Abuse means: The non-accidental commission of any act by a caretaker upon a child under the age of 18 which causes, or creates a substantial risk of, physical or emotional injury; or constitutes a sexual offence under the laws of the Commonwealth; or any sexual contact between a caretaker and a child under the care of that individual.

Physical Injury Means: Death; or fracture of a bone, a subdural hematoma, burns, impairment of any organ, and any other such nontrivial injury, or soft tissue swelling or skin bruising, depending upon such factors as the child’s age, circumstances under which the injury occurred and the number and location of bruises; or addiction to a drug or drugs at birth; or failure to thrive.

How is Neglect Defined? Neglect means: Failure by a caretaker, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care, provided however, that such inability is not due solely to inadequate economic resources or solely to the existence of handicapping conditions.

How is Emotional Injury Defined? An impairment to or disorder of the 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.

When Should a Report be Filed? A report should be filed when the reporter, in his/her professional capacity, has reasonable cause to believe that a child under the age of eighteen is suffering from physical or emotional injury from abuse which causes substantial risk of harm to the child’s health or welfare. The law specifically includes suspected cases of sexual abuse, as well as neglect.

What is the Role of a Mandated Reporter? Our role is to assess and report. We are not investigators! If abuse of neglect is suspected, mandated reporters who are staff members of schools, medical facilities, or other public or private institutions, may notify the Department of Children and Families (DCF) directly or notify the person in charge of the facility (or designee) who is then responsible for contacting DCF.

Winthrop School’s Procedure for Mandated Reporting: Notify and discuss the concern with an administrator or the student’s guidance counselor. You will be asked to complete a report informing DCF about the nature of the incident or concern. Complete the form to include information you have seen or heard that have led to the suspicion of abuse or neglect. Return to the form to the School Guidance Counselor or Principal/Assistant Principal.

How is a report of suspected child abuse or neglect filed? If the response team assesses that a child is potentially being abused or neglected, a report must be called in to DCF within 24 hours. A written report must be filed within 48 hours of making the oral report. According to the mandated reporting law, the identity of the mandated reporter will remain anonymous.

What happens after DCF receives a report? There are several possibilities, depending on the allegations reported and other case specific circumstances. If the Department determines there is a reasonable cause to believe that a child has been abused or neglected, a social worker will be assigned to investigate the report. The investigation includes a home visit (within 10 days) during which the social worker meets and talks with the child and caretaker. If sexual abuse is suspected, DCF contacts the District Attorney’s office to conduct the investigation. The mandated reporter is usually contacted by the DCF investigator to review or clarify the information provided. If the department determines that the situation is an emergency, the investigation must be completed within 24 hours.

What Happens after DCF Receives a Report? If the department determines that there is a reasonable cause to believe that an incident of abuse or neglect did occur, the report is SUPPORTED and the department provides the family with services to reduce risk. If the report is UNSUPPORTED, the family may request services on a voluntary basis. DCF will notify the mandated reporter in writing of its decision.

What information should the report contain? Child’s name, date of birth, address, information on the child’s parents or guardian, the nature and extent of the neglect, abuse, and/or injuries, the manner in which this information was learned of, and any other pertinent information. As a mandated reporter, you are required by law to also provide DCF with your name, work address and telephone number.