The official website of the Plymouth County District Attorney's Office
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ASSOCIATED LINKS
Mandated Reporting
- Massachusetts General Law Chapter 119
- Who is a Mandated Reporter?
- What are the Obligations of a Mandated Reporter?
- What Happens When I Call DSS?
- What Does it Mean When DSS Supports or Unsupports a Referral?
- What if I am not Sure a Child is Actually Being Abused?
- What if I Notify a Superior or Some Other Person or Authority Where I Work?
- Will I Be Sued if I Report Abuse?
- Can my Employer Retaliate Against me if I File a Report with DSS?
- Can I Call the District Attorney's Office Directly to Report Abuse?
- Do I Have to Report to DSS if I Believe a Caretaker is not the Abuser?
- Does DSS Notify the District Attorney's Office that a Child Has Been Abused?
- What Happens to Cases Which are Referred to the District Attorney's Office?
- Will I Have to Appear as a Witness in Court?
- Will I Hear About the Outcome of the Investigation?
- Will the Child's Family be Told the Name of the Person Who Filed the Report?
- Where Can I Call to File a Report or Help?
defines MANDATED REPORTERS as one
". . . . who, in his profession shall have reasonable cause to believe that a child under the age of eighteen years is suffering physical or emotional injury resulting from abuse inflicted upon him which causes harm or substantial risk of harm to the child's health or welfare including sexual abuse, or from neglect, including malnutrition, or who is determined to be physically dependent upon an addictive drug at birth, shall immediately report such condition to the department by oral communication and by making a written report within forty-eight hours after such oral communication."
A mandated reporter is a professional, who because of his or her particular employment, is likely to have regular contact with children.
The legislature has outlined a number of health care professionals, including doctors, dentists and nurses, as mandated reporters. The list also includes teachers, guidance counselors, school administrators, psychiatrists, psychologists, family counselors or therapists. Social workers, police, fire fighters and even court personnel are required to report cases of suspected abuse, as are a number of specialized fields.
In 2002, the language was changed to include: priests, rabbis ordained or licensed minister of any church or religious body, an accredited Christian Science practioner, a person performing one or more of the official duties of a priest, rabbi, ordained or licensed minister of any church or religious body or an accredited Christian Science practitioner, a person or layperson in any church or religious body acting in the capacity as a leader, official, teacher, delegate or other designated function on behalf of any such church or religious body to supervise, educate, coach, train or counsel a child on a regular basis, are now designated as mandated reporters.
Individuals are required to immediately notify the state Department of Social Services (DSS) whenever they have reasonable cause to believe a child under eighteen years of age may be a victim of abuse.
DSS will screen in or accept the report if it appears from the information provided the child is at risk of being abused by a caretaker. If an emergency situation exists, DSS will assign a licensed social worker to investigate the report within 24 hours. If it is not an emergency, the investigation must be completed within 10 days.
After the investigation is completed DSS will support or unsupport the referral of abuse or neglect. If DSS unsupports a referral, this does not mean that DSS has determined that the abuse did not occur. If you have any questions or concerns about the decision, DSS or the District Attorney's Office may be able to clarify the decision.
The law is designed to always give a child the benefit of the doubt. When you are in doubt, file a report. It could save a life.
Once you immediately notify the person in charge of your school, hospital or other facility, that person becomes responsible for notifying DSS of the suspected abuse. If your superior is not available, YOU MUST FILE A REPORT WITH DSS.
Mandated reporters who report suspected abuse are absolutely immune from any liability, civil or criminal, provided they immediately report as required by the statute. The provision is designed to encourage mandated reporters to file whenever they suspect a child is at risk.
No. The law strictly forbids employers from penalizing an employee who files a report to DSS. Any employer who discharges, discriminates or takes any other negative action against his or her employee shall be reliable for triple damages and related attorney's fees.
Mandated reporters are welcome to contact the Family Protection Unit at 508-584-8120 at any time to inquire about a case. However, you must report suspected abuse to DSS as the law requires.
Yes. The decision as to whether a person is a caretaker is made solely by DSS under the law. An individual does not have the authority to make that particular decision.
In certain cases, DSS is required to notify the District Attorney. For example, all instances of sexual abuse of children and serious cases of physical violence must be reported to the District Attorney's Office.
The Family Protection Unit of the District Attorney's Office receives approximately 300 reports of sexual and physical abuse of children each year. While most of these reports come from DSS, a number also arise from the police and private citizens. The District Attorney's Office in conjunction with the child's family, counselors, DSS and police will decide which of these cases may be prosecuted.
It is possible that a mandated reporter will be called as a witness in the criminal prosecution of an abuse case. It is up to the prosecutor to make that determination.
Yes. DSS must send a letter to the mandated reporter informing him or her of the outcome of its investigation.
DSS does not identify the reporter, However, the family may become aware of the reporter's name through the course of a criminal investigation.
In the Brockton area dial (508) 894-3700. In the Plymouth area dial 1-800-423-2338. In Plymouth County, call the District Attorney's Office at (508) 584-8120, if you have a question about a possible abuse case and would like to speak with a professional about it. The statewide hotline to contact DSS is 1-800-792-5200.
As professionals we must protect a child's right to safety
A mandated reporter suspecting abuse must notify DSS immediately by telephone and follow up with written report within 48 hours. There are no exceptions!
THE LAW IS CLEAR PROFESSIONALS WHO FAIL TO REPORT SUSPECTED ABUSE ARE SUBJECT TO CRIMINAL PROSECUTION AND A $1,000 FINE