(1) Based on the
facts gathered during the response, the assessment of parental capacities, the
results of the risk assessment tool, and clinical judgement, the response
worker, in consultation with the supervisor determines the following:
(a) A finding on the reported allegations(s)
or discovered conditions, including a finding on any person(s) responsible,
and
(b) A determination as to
whether Department intervention is necessary to protect the safety and
well-being of the child(re) and mitigate identified risks. Circumstances to
consider when determining whether intervention is necessary include:
1. The role of the alleged
perpetrator;
2. The current and
potential threat posed by the alleged perpetrator; and
3. The actions of the parent(s) or
caregiver(s) and their ability to maintain safety.
(2) The Department's
findings under
110
CMR 4.32(1) form the basis
of the Department's decision on the report. Based on these findings the
Department determines whether the report is supported, is a substantiated
concern, or is unsupported.
(a) A report if
"Supported" if the Department determines:
1.
There is reasonable cause to believe a child(ren) was abused or neglected, or
was or is at substantial risk of being abused or neglected; and
2. The action or inactions by the parent(s)
or caregiver(s) place the child(ren) in danger or present substantial risk to
the child(ren)'s safety or well-being; or a person was responsible for the
child(ren) being a victim of sexual exploitation or human
trafficking.
(b) A report
is a "Substantiated Concern" if the Department determines:
1. There is reasonable cause to believe a
child(ren) was neglected; and
2.
The actions or inaction by the parent(s) or caregiver(s) create a moderate risk
and there is a presence of contributing factors that increase the likelihood of
the child(ren) being neglected.
(c) A report is "Unsupported" if the
Department determines:
1. There is not
reasonable cause to believe a child(ren) was abused or neglected, or the
child(ren)'s safety or well-being is being comprised; or
2. The person believe to be responsible for
the abuse or neglect was not a caregiver, unless the abuse or neglect involves
sexual exploitation and/or human trafficking where the caregiver distinction is
not applied.
(3)
Definition of "Reasonable
Cause to Believe ". For the purposes of
110
CMR 4.32, " Reasonable Cause to
Believe " means a collection of facts, knowledge or observations
which tend to support or are consistent with the 51A report allegations, and
when viewed in light of the surrounding circumstances and credibility of
persons providing information would lead one to conclude that a child(ren) has
been abused or neglected.
(4) The
Department documents its findings, including the final disposition, in the
written 51 B response.
