Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 4.00 - Intake
Intake for Protective Service Delivery
Section 4.34 - Notice of Supported or Substantiated Concern Response

Universal Citation: 110 CMR 4.00 MA Code of Regs 4.34

Current through Register 1531, September 27, 2024

(1) When the Department determines a report is supported or there is a substantiated concern, the Department shall issue written notice of the response to the following persons at their current or last known address or email, as applicable:

(a) The parent(s) or caregiver(s) of the child, within 48 hours of completing the response, except in circumstances addressed below in subdivision 110 CMR 4.34(1)(d).
1. If both parents have custody of the child(ren), notice will be sent to both parents.

2. If only one parent has custody of the child(ren) by court-order, notice will be sent only to the parent(s) with court-ordered custody of the child(ren).

(b) If the source of the report was a mandated reporter, the mandated reporter receives a copy of the notice sent to the parent(s) or caregiver(s).

(c) The District Attorney or local law enforcement, if required as a mandatory referral pursuant to M.G.L. c. 119, § 51B (k); 110 CMR 4.51, or if the Department determines as discretionary referral is necessary, pursuant to 110 CMR 4.52.

(d) Any person who was the alleged perpetrator. The notice to the person identified as the alleged perpetrator includes the name of the child, the form of the abuse or neglect alleged, any form of abuse or neglect found to be supported, a statement as to whether the person has been listed in the Central Registry or the Registry of Alleged Perpetrators, and the right to a Fair Hearing in the event of such listing.
1. If the person identified as the alleged perpetrator is a child younger than 18 years old, the Department shall direct the written notice to the child and send a copy to the child's parent(s) or guardian(s).

2. Central Registry Listing. Where a response is supported, the Department shall provide written notice of the response within ten business days after completing the response informing the alleged perpetrator they will be listed on the Central Registry.

3. Registry of Alleged Perpetrators Listing. Where a response is supported, and the findings require the alleged perpetrator be listed on the Registry of Alleged Perpetrators, the Department shall provide written notice of the response within 20 business days after completing the response, and after completing the mandatory referral to the District Attorney's Office, informing the alleged perpetrator they will be listed on the Registry of Alleged Perpetrators pursuant to 110 CMR 4.38.

(e) The Department shall notify other state agencies and the Office of Child Advocate (OCA) where required pursuant to 110 CMR 4.30(3) or a Memorandum of Understanding between the Department and that agency or the OCA.

(2) Notice of Supported Responses Involving Institutional Settings

(a) If a report involving an institutional setting is supported, the Department shall notify EEC, DESE, DMH, DDS, DPH, or DYS in writing by transmitting to the commissioner or director of that agency a copy of the 51A report and the Department's 51B response, if:
1. The Department has reason to believe that abuse or neglect may have occurred at a facility owned, operated, or funded, in whole or in part, by any of the agencies, or at a facility operated by a person or entity subject to licensure or approval by any of the said departments or offices.

2. If the EEC shares responsibility for licensing, funding or approving a facility, with one or more other state department(s) (DESE, DMH, DDS, DPH, or DYS), the Department shall always notify EEC of its response. The Department may, at the Regional Director's discretion, also notify DMH, DDS, DPH, or DYS.

(b) In any situation in which the Department notified EEC, DESE, DMH, DDS, DPH, or DYS in accordance with the previous paragraph, the Department shall also notify the OCA in writing who may review the documents in the Department's electronic case record.

(c) If as a result of a 51A report or 51B response, the Department discovers information or circumstances which may indicate poor quality of care provided to children, or licensing violations, in any facility operated by a person or entity subject to licensure or approval by EEC, DESE, DMH, DDS, DPH, or DYS; the Department shall:
1. Record such information involving the institution on the 51B response standard form;

2. Immediately communicate the information regarding poor quality of care or possible licensing violation to the agency in question; and

3. Send the agency in question a copy of the 51B response standard form, in circumstances where the response was supported.

(d) The Department shall notify in writing the director or owner of an institution of its response decision concerning a report of abuse or neglect in the institutional setting.

(e) If a request for copies of a 51A report or a 51B response, pursuant to M.G.L. c. 119, § 51E, is made to the Department by an owner or operator or director of a child care facility, or any superintendent or director of public or private school, or any director of any community-connected residential facility (such as group care facilities, etc.), said owner or operator or director may, subject to approval of the Commissioner or designee, receive a copy of the 51A report or 51B response, regardless of whether the report has been supported, substantiated as a concern, or unsupported, if said report contains an allegation that an incident of abuse or neglect occurred on the premises of the child care facility, school or community-connected residential facility. However, before copies of the reports are released, the name of the reporter shall be redacted, in accordance with 110 CMR 12.00: Records.

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