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MASSACHUSETTS CHILD ABUSE AND NEGLECT REPORTING STATUTE
<br /> Chapter 119, Section 51A
<br /> Any physician, medical intern, hospital personnel engaged in the examination, care of treatment of
<br /> persons, medical examiner, dentist, nurse, chiropractor, podiatrist, osteopath, public or private
<br /> school teacher, educational administrator, guidance or family counselor, day care worker,
<br /> probation officer,social worker, foster parent or policeman, who, in his professional capacity shall
<br /> have reasonable cause to believe that a child under the age of eighteen years is suffering serious
<br /> physical or emotional injury resulting from abuse inflicted upon him including sexual abuse, or
<br /> from neglect including malnutrition, or who is determined to be physically dependent upon an
<br /> addictive drug at birth, shall immediately report such condition to the department by oral
<br /> communication; provided, however, that whenever such person so required to report is a member
<br /> of the staff of a medical or other public or private institution, school or facility, he shall
<br /> immediately either notify the department or notify the person in charge or his said agent shall then
<br /> become responsible to make the report in the manner required by this section.
<br /> Any such person so required to make such oral and written reports who fails to do so shall be
<br /> punished by a fine of not more than one thousand dollars.
<br /> Said report shall contain:
<br /> The name and addresses of the child and his parents or other person responsible for his care, if
<br /> known; the child's age; the child's sex; the nature and extent of the child's injuries, abuse,
<br /> maltreatment, or neglect, (including any evidence of prior injuries, abuse, maltreatment or
<br /> neglect); the circumstances under which the person required to report first became aware of the
<br /> child's injuries, abuse, maltreatment or neglect; whatever action, if any, was taken to treat,
<br /> shelter, or otherwise assist the child; the name of the person or person making such report; and
<br /> any other information which the person reporting believes might be helpful in establishing the
<br /> cause of the injuries; the identity of the person or persons responsible therefore; and such other
<br /> information as shall be required by the department.
<br /> Any person required to report under this section who has reasonable cause to believe that a child
<br /> has died as a result of any of the conditions listed in said paragraph shall report said death to the
<br /> department and to the district attorney for the county in which such death occurred and to the
<br /> medical examiners as required by section six of chapter thirty-eight. Any such person who fails to
<br /> make such a report shall be punished by a fine of not more than one thousand dollars.
<br /> In addition to those persons required to report pursuant to this section, any other person may make
<br /> such a report if any such person has REASONABLE CAUSE to believe that a child is suffering or
<br /> has died as a result of such abuse or neglect. No person so required to report shall be liable in any
<br /> civil or criminal action by reason of such report. No other person making such a report shall be
<br /> liable in any civil or criminal action by reason of such report if it was made in good faith.
<br /> Within sixty days of the receipt of a report by the department from any person required to report,
<br /> the department shall notify such person, in writing, of its determination of the nature, extent and
<br /> cause or causes of the injuries to the child, and the social services that the department intends to
<br /> provide to the child or his family.
<br /> Any privilege established by section twenty or twenty B of chapter two hundred and thirty-three,
<br /> by court decision or by profession code relating to the exclusion of confidential communications
<br /> and the competency of witnesses, may not be invoked in any civil action arising out of a report
<br /> made pursuant to this section.
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