Current through Register 1531, September 27, 2024
(1) Where a 51A
report is referred to the District Attorney pursuant to
110
CMR 4.51 and
4.52, the Area Director and
the District Attorney shall determine whether a review by a MDST would be
beneficial.
(a) A MDST shall include the
currently assigned Department employee, the Department supervisor (if
requested), a representative of the District Attorney, and at least one other
member who is not employed by either the Department or the District Attorney.
The independent team member shall be appointed by the Area Director, shall have
experience and training in the field of child welfare or criminal justice, and
shall otherwise meet the guidelines established by the Department.
(b) If the referral involves a victim of
sexual exploitation or human trafficking, the MDST may also include a
professional trained or otherwise experienced or qualified to assess the needs
of sexually exploited children or human trafficking victims including, but not
limited to, a police officer or designee of the police chief, a social services
provider, a medical professional, or a mental health
professional.
(2) Members
of MDST shall have full access to the Department's action plan and any
information from the family's Department case file that is directly related to
the implementation of the Action Plan. The data shared with MDST shall be
confidential and shall be utilized by the members solely to carry out the
responsibilities of the MDST.
(3)
The MDST shall meet on a schedule determined by the Department and the District
Attorney's Office, and during such meetings shall:
(a) Discuss the current status of the child
and family and any intervention initiated;
(b) Discuss any existing action plan for the
family;
(c) Make recommendations as
to the advisability of prosecuting any members of the family;
(d) Discuss the possible effects of
prosecution on the child and attempt to minimize the possibility of multiple
interviews of the child.;
(e)
Explore the possibility of utilizing any existing diversion programs;
and
(f) For cases involving
sexually exploited or human trafficking child victims, determine if the child
was a victim of sexual exploitation or human trafficking and, if so, recommend
a plan for services, which may include shelter or placement, mental health
services, and medical care or other services as needed.
(4) The MDST may notify the District Attorney
when a family has failed to participate or cooperate in the action
plan.
