Mass. Mandated Reporting Law under consideration

The CommonWealth Magazine article, 

State considering major expansion of child abuse reporting laws 

Proposal raises fears of racial disproportionality , Shira Schoenberg, March 29, 2021

takes a close look at both sides of the proposal to add more categories

to the Massachusetts list of people who are required to report to DCF

when they suspect children are being abused or neglected.

See the current list Mandated Reporters here: Mass. General Laws 

Chapter 119, section 21. This subsection tells when mandated

reporters "in [their] professional capacity" are required to 

"immediately communicate with the department orally and, 

within 48 hours, shall file a written report with the 

department detailing the suspected abuse or neglect":

reasonable cause to believe that a child is suffering physical or emotional injury resulting from: (i) abuse inflicted upon him which causes harm or substantial risk of harm to the child's health or welfare, including sexual abuse; (ii) neglect, including malnutrition; (iii) physical dependence upon an addictive drug at birth, ... or (iv) being a sexually exploited child; or (v) being a human trafficking victim as defined by section 20M of chapter 233. Mass. Gen. Laws c. 119, sec. 51A(a) 

Section 51B, the DCF 2009 Intake Regulation, and DCF's 2020 Protective Intake Policy lay out what DCF is supposed to do when it receives a 51A report of child abuse or neglect. Yes, there are unresolved discrepancies between the policy, which are DCF's directions to its employees, and the earlier regulation, which has the force of law. For these reasons, the significance of the consequences of becoming involved in the DCF investigation / intake process, and reasons set out in my 2012 post, "When DCF Comes a-Calling: How to Try to Stay Out of the Fire When You're Already in the Frying Pan" you should definitely consider seeking counsel if someone tells you they are reporting you to DCF or if you get a call or visit from DCF. If you cannot afford and attorney, seek out a Legal Services program for free representation

If, after reading the above and maybe also "The Mandated Reporter Commission Status Report to the Legislature, December 28, 2020," you have an opinion on whether the definitions of "mandated reporter," "abuse," "neglect," when things must be reported to DCF, what protections people who report to DCF should have, and what rights and remedies people should have when they have been reported to DCF, consider contacting your State Representative or State Senator to inform them. If you don't know who they are, use this form from the Secretary of the Commonwealth to find out.