Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 12.00 - Records
Section 12.09 - Release of Information - Litigation

Universal Citation: 110 MA Code of Regs 110.12

Current through Register 1531, September 27, 2024

(1) In all court proceedings (including but not limited to care and protection actions, termination of parental rights actions, etc.) in which the Department or a provider under contract with the Department is a party, a copy of the entire social services file, including the pertinent 51A reports and 51B investigations, shall be made available, upon written request, to any of the following individuals:

(a) A court investigator appointed pursuant to M.G.L. c. 119, § 24

(b) A court-appointed guardian ad litem

(c) An officer of the court assigned by the judge to the case

(d) An attorney for the child, parent or legal guardian, if that attorney has been appointed or retained for the particular proceeding

(2) The written request must contain a statement from the requesting party that any material disclosed shall not be further duplicated nor divulged to any person not a party to the particular proceeding, unless by order of court. Fees for copying records shall be charged in accordance with the Department's fee schedule.

(3) Before releasing said file(s), a member of the Department's legal staff shall review the file(s), and remove any records of attorney-social worker conversations which may be considered attorney work product and/or privileged.

(4) Whenever the Department releases any copy of a 51A report or 5113 investigation, the name of (and any other reasonably identifying data concerning) the reporter shall be redacted.

(5) Whenever the Department has reason to believe that disclosure to any individual named in 110 CMR 12.09(1)(a) through (d) of all or a portion of the social service file would be contrary to the child's best interest, the Department shall deny access and shall bring to the court's attention the reason(s) for denying access.

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