What is Massachusetts 51A?

M.G.L. chapter 119, section 51A, is a Massachusetts law which requires certain individuals, termed mandated reporters, to report to specific agencies a reasonable cause based belief of abuse or neglect.

How is 51A and Child Welfare related?

The mandated reporters defined in the 51A law include teachers, school official, health care professionals, police officers, probation officers, social workers and counselors, and foster parents. All these individuals are required under law to report immediately, if while performing in a professional capacity, a child under 18 years of age who they reasonably believe is suffering from serious physical or emotional harm as a direct result of abuse or neglect.

Some examples of the types of issues related to children that a mandated reporter in Massachusetts must report include: neglect, abuse rising to harm or substantial risk of harm to the health or welfare of the child– including sexual abuse, sexual exploitation of a child, human trafficking and any drug dependence at birth.

Serious Harm Further Defined

Serious physical harm must be further defined, as the phrase is very broad when used without further explanation. Essentially and perhaps obviously, death would be the most extreme example of physical harm followed by decreasingly lesser categories of harm, to include: burns, fractures, damage to organ, bruising or swelling (here, number, location, age, and the cause of these injuries will all be important factors necessary to introduce into evidence), dependence to drugs at birth, and the medical diagnosis of failure to thrive which is largely determined by insufficient bone growth and developmental milestones not being reached.

Neglect Further Defined

Parents in Massachusetts, as well as other caregivers, are generally required to provide adequate food, shelter and clothing to a child under their care. Similarly, parents and guardians must provide adequate supervision, education, stability (emotionally speaking), medical care and any other necessary care to the child under their care.

What if I am the Parent or Guardian of the Child for Whom a 51A Has Been Filed?

The Screening Process with DCF

It is the Department of Child and Family Services (DCF) that will first screen the child to see if further action is warranted, meaning, to determine if an investigation by a DCF investigator (called a 51B investigation) will be conducted.

Generally, DCF uses a low threshold to make a determination as to whether or not to conduct a 51B investigation upon receipt of a 51A report by a mandated reporter. This is particularly true where a child is involved. DCF in this initial aspect of assessing a report by a mandated reporter must simply determine that there is reasonable cause to believe that abuse or neglect of a child has occurred within Massachusetts. Where that determination is made, the next step, that is, the 51B investigation will occur.

If your family has been the subject of a 51A report, it is important to contact an attorney with some experience in child welfare cases in Massachusetts to learn what the next steps are and what you might need to do going forward.

When a 51B Investigation Occurs

The DCF 51B investigator will conduct a thorough investigation of the family, the child, the mandated reporter, any previous history with DCF the family or child may have. Such an investigation will attempt to discover everything possible about the injury and how it occurred to the child, who might be involved, etc. The investigator will also evaluate the home, as well as any children in the home.

It is important to note that the 51B investigation is a trying and stressful process for everyone involved. This fact is particularly true for the parents of the child at the center of the investigation, as the behavior of the parents or guardians is placed under a microscope.

Generally speaking, you should consult with an attorney so that you understand your rights in this setting. Often, it is very helpful to cooperate with the investigator as non-cooperation of any kind will be noted in the investigative report. On the other hand, sometimes the line between cooperation and providing unnecessary information that could be harmful to the parent or guardian can be difficult to see. Moreover, there are many instances where the DCF investigator or DCF itself may not be following its own policy and procedure, may be making unfair or unwarranted allegations, or may simply not report accurately the information that you provide to the investigator. It is at this critical juncture that a parent or guardian facing a 51B investigation will want to have an attorney to intercede with either physical presence at meetings with DCF or, more commonly, with the use of documentation that makes clear which information is accessible to DCF. Contact our offices to acquire legal representation if you are facing this type of issue.

Outcomes of a DCF Investigation

DCF has the power, both at the initial stage where it is reviewing a 51A application and later upon investigation, to take custody of a child. When DCF has reasonable cause to believe that the only way to protect a child from abuse or neglect is to take custody of the child, it has authority under Massachusetts law to do so on an immediate, emergency basis.

When DCF takes temporary custody of a child, the next step in the process is to file a Care and Protection case in a Massachusetts Court. There is a great deal at stake in these cases, commonly called C&P’s. Parental rights are not only temporarily at stake, that is, DCF may be awarded temporary custody of a child until certain conditions are met, but removal of parental rights may be the ultimate result in extreme cases.

If you are in the position of having a 51A filed on you, and you are a parent or guardian of a child in Massachusetts, call our offices to set up an appointment where we can review your circumstances and inform you of your options.

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