2008-SCHOOL COUNCIL - Laserfiche WebLink

Home Browse Search

MASSACHUSETTS CHILD ABUSE AND NEGLECT REPORTING STATUTE Chapter 119, Section 5 1 A Any physician, medical intern,hospital personnel engaged in the examination, care or treatment of persons,medical examiner, dentist, nurse, chiropractor,podiatrist, osteopath, public or private school teacher, educational administrator, guidance or family counselor, day care worker, probation officer, social worker, foster parent or policeman, who, in his professional capacity shall have reasonable cause to believe that a child under the age of eighteen years is suffering serious physical or emotional injury resulting from abuse inflicted upon him including sexual abuse, or from neglect, including malnutrition, or who is determined to be physically dependent upon an addictive drug at birth, shall immediately report such condition to the department by oral communication and by making a written report within forty-eight hours after such oral communication; provided, however, that whenever such person so required to report is a member of the staff of a medical or other public or private institution, school or facility, he shall immediately either notify the department or notify the person in charge or his said agent shall then become responsible to make the report in the manner required by this section. Any such person so required to make such oral and written reports who fails to do so shall be punished by a fine of not more than one thousand dollars. Said reports shall contain: The names and addresses of the child and his parents or other person responsible for his care, if known,the child's age, the child's sex, the nature and extent of the child's injuries, abuse, maltreatment, or neglect, (including any evidence of prior injuries, abuse, maltreatment or neglect.) The circumstances under which the person required to report first became aware of the child's injuries, abuse, maltreatment or neglect, whatever action, if any, was taken to treat, shelter, or otherwise assist the child, the name of the person or persons making such report; and any other information which the person reporting believes might be helpful in establishing the cause of the injuries; the identity of the person or persons responsible therefore; and such other information as shall be required by the department. Any person required to report under this section who has reasonable cause to believe that a child has died as a result of any of the conditions listed in said paragraph shall report said death to the department and to the district attorney for the county in which such death occurred and to the medical examiners as required by section six of chapter thirty-eight. Any such person who fails to make such a report shall be punished by a fine of not more than one thousand dollars. In addition to those persons required to report pursuant to this section, any other person may make such a report if any such person has REASONABLE CAUSE to believe that a child is suffering from or has died as a result of such abuse or neglect. No person so required to report shall be liable in any civil or criminal action by reason of such report. No other person making such a report shall be liable in any civil or criminal action by reason of such report if it was made in good faith. 40