Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 4.00 - Intake
Reporting to the District Attorney and Law Enforcement
Section 4.51 - Mandatory Reporting to the District Attorney

Universal Citation: 110 CMR 4.00 MA Code of Regs 4.51

Current through Register 1531, September 27, 2024

(1) The Department shall immediately notify the District Attorney and local law enforcement when evidence during the screening process the 51B response, indicates that there is reasonable cause to believe that one of the conditions listed in M.G.L. c. 119, § 51B(k) or below has occurred as a result of abuse or neglect.

(a) A child has died;

(b) A child has suffered brain damage, loss or substantial impairment of a bodily function or organ, or substantial disfigurement;

(c) A child has been sexually assaulted, which includes crimes under M.G.L. c. 265, §§ 13B, 13B.5, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B and M.G.L. c. 272, § 35A.

(d) A child has been sexually exploited, which includes crimes under M.G.L. c. 272, §§ 4A, 4B and 29A or is a victim of human trafficking;

(e) A child has suffered serious physical abuse or sexual abuse or an injury that includes, but is not limited to:
1. A fracture of any bone, severe burn, impairment of any organ, or any other serious injury;

2. An injury requiring the child to be placed on life support systems;

3. Any other disclosure of physical abuse involving physical evidence which may be destroyed;

4. Any current disclosure by the child of sexual assault; or

5. The presence of physical evidence of sexual assault.

(2) The Department shall notify the District Attorney and local law enforcement for the county where the child resides, and for the county where the offense occurred, within five business days of the Department's 51B supported response, finding that there is reasonable cause to believe that one or more of the conditions listed in M.G.L. c. 119, § 51B(k) or 110 CMR 4.51(1) occurred as a result of child abuse or neglect.

(3) For all mandatory referrals, the Department shall provide the District Attorney and local law enforcement with copies of the 51A reports and the completed 51B responses, as soon as available.

(4) Mandatory Reporting in Non-caregiver Circumstances. If the Department screens out or the alleged perpetrator did not meet the definition of caregiver, but the 51A report alleges one or more of the categories under M.G.L. c. 119, § 51B(k), or in 110 CMR 4.51(1), the Area Director or designee shall, no later than five business days after its determination, notify the District Attorney, and local law enforcement authorities for the county where the child resides and for the county where the offense occurred, by providing copies of the completed 51A report and the completed 51B response, if applicable.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.