Overview
EEC did not always review or initiate investigations of 51A Reports at residential programs that it licensed. We reviewed 60 of these reports and their associated investigations in the Licensing Education Analytical Database (LEAD) and found that 2 (3%) of these 60 investigations of 51A Reports were internal investigations performed by the programs where the 51A Report incident occurred, rather than EEC investigations.
EEC cannot determine whether children are at risk of abuse or neglect or ensure that reported incidents are addressed if it does not investigate all 51A Reports.
Authoritative Guidance
According to Section 3.04(5)(c) of Title 606 of the Code of Massachusetts Regulations (CMR),
The [program or] licensee shall notify [EEC] as well as any other state agency or referral source which requires such notification immediately after learning that a 51A report has been filed alleging abuse or neglect of a child at the program or during program activities, including those alleging parental abuse or neglect of a child who resides at the program together with his or her teen parent. A report of abuse or neglect shall initiate an investigation by [EEC] and may subject the program to further legal action by [EEC], Department of Children and Families and the District Attorney.
Section 9(c) of Chapter 15D of the General Laws states,
[EEC] shall promptly investigate and evaluate any notice transmitted to the department by the department of children and families. . . . Such investigation and evaluation shall determine whether the facility being operated by a person subject to licensure or approval under this section is being operated in compliance with this chapter and within the rules and regulations established under this chapter. If, during the course of any such investigation or licensing study conducted by the department, any agent or employee of [EEC] receives or discovers information concerning the occurrence of child abuse or neglect, such agent or that employee shall make a report to the department of children and families under said section 51A of said chapter 119.
Reasons EEC Did Not Investigate 51A Reports
EEC told us that it relied upon the residential programs to conduct internal investigations. EEC stated that it determined that the residential programs took the necessary measures to address 51A Reports based on its review of these internal investigations.
Recommendation
EEC must perform its own investigations of all 51A Reports that it receives from the Department of Children and Families (DCF). Even if the residential program against which there was a report conducts an internal investigation, EEC must still perform an investigation of the residential program.
Auditee’s Response
EEC recognizes the importance of its role in reviewing or initiating investigations of all reports of suspected abuse and neglect of children in its licensed programs.
Chapter 119, Section 51A, requires mandated reporters, who, in their professional capacity, have reasonable cause to believe any child is suffering from physical or emotional injury, to immediately communicate these concerns to DCF and to file a written report detailing the concerns of abuse and neglect with DCF within 48 hours. The reports detailing the allegations of abuse and neglect are commonly referred to as “51A Reports.” In addition to the mandated reporter requirements for staff in EEC-licensed programs under the General Laws, EEC’s regulations also require licensed programs to immediately notify EEC after learning that a 51A Report has been filed alleging abuse or neglect of a child at the program or during program activities. See 606 CMR 3.04(5). This regulation serves as an additional safety net for reporting and investigating allegations of abuse and neglect involving children in EEC licensed programs.
If an allegation of abuse or neglect of a child placed at an EEC-licensed program or during program activities is substantiated or supported by DCF following an investigation conducted pursuant to G. L. c. 119, § 51B, DCF provides the investigation report, commonly referred to as a “51B Report” to EEC to further assist in the investigation of the incident related to the EEC-licensed program.
Upon receipt of any 51A Report or 51B Report from DCF, EEC must first determine if allegations contained in the reports impact children participating in EEC licensed programs. EEC’s authority to investigate alleged incidents of abuse or neglect of children in the Commonwealth is limited to the domain of the licensed program, ensuring full compliance with all relevant state and federal laws and regulations. EEC does not have jurisdiction over and does not investigate individuals reported on in a 51A Report or 51B Report. For every 51A Report or 51B Report that falls within its jurisdiction, EEC creates a case, from which a course of action for investigation is determined.
In the two instances identified by the Auditor, EEC licensors reviewed the 51A Reports, the programs completed internal investigations, EEC reviewed those internal investigations, and EEC ensured that the programs took appropriate measures to alleviate the health and safety concerns at issue. EEC will conduct investigations of all 51A Reports under its jurisdiction for residential programs.
Auditor’s Reply
According to 606 CMR 3.04(5)(c), a report of abuse or neglect “shall initiate an investigation by [EEC].” Additionally, Section 9(c) of Chapter 15D of the General Laws stipulates that EEC “shall promptly investigate and evaluate any notice transmitted to the department by the department of children and families.” These regulations clearly mandate that EEC must conduct its own investigations upon receiving 51A Reports from DCF, regardless of any internal investigations conducted by the licensed programs.
It is concerning that EEC has failed to meet its legal obligations to conduct mandated investigations into allegations of abuse and neglect. EEC reports that it relies on programs’ internal investigations. This not only violates statutory requirements but also may endanger vulnerable children by allowing potential issues to go unaddressed.
In its response, EEC states that its authority to investigate is limited to the domain of the licensed program and that it does not have jurisdiction over individuals reported in 51A or 51B Reports. We did not suggest that EEC had jurisdiction over the individuals reported in 51A or 51B Reports. We also did not suggest that EEC investigate these individuals but rather that EEC perform an investigation of the allegations as the agency is required to do by law. While EEC may not investigate individuals outside its jurisdiction, it is nonetheless required to investigate the licensed programs to ensure they are operating in compliance with all applicable laws and regulations. This includes assessing whether the program’s environment, policies, and practices adequately protect children from abuse and neglect.
EEC also mentions that it reviewed the internal investigations conducted by the residential programs and ensured that appropriate measures were taken. However, relying on a program’s internal investigations does not satisfy EEC’s regulatory obligation to conduct its own independent investigations. Internal investigations by the programs may lack objectivity and may not fully address systemic issues that could compromise child safety. EEC’s independent investigations are crucial for providing an unbiased assessment and enforcing compliance with regulatory standards.
Furthermore, EEC’s practice of not conducting its own investigations in these instances could lead to gaps in oversight and potentially allow for unsafe or harmful conditions to persist for children. The regulations are designed to ensure that an external, impartial authority evaluates allegations of abuse or neglect to protect the welfare of children in licensed programs.
| Date published: | November 25, 2024 |
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