header - new -2007
False Allegations ~ False Accusations ~ Recovered Memories
a

sexual abuse ~ sexual assault ~ child molestation ~ rape of child
sexual offender profiles ~ pedophiles ~ supervised  visitation ~ custody
fathers' rights ~ grandparents'  rights ~ men's rights
stranger rape ~ student rape ~ spousal rape
sexual harassment ~ executive separation agreements


Subscribe to falseallegations_com
Powered by groups.yahoo.com
NOTE: It will take me a few months to notify
the folks on  my email lists about the new
falseallegations_com Yahoogroup website.






Mandatory Reporters


 NOTE

    This article addresses child abuse and rape of child cases in Massachusetts.
    Because the law develops at different rates and in different directions from state to state,
    you must check the law or consult an attorney in your state.
         
                                                                           
 




warmr11-400-px.jpg






In Massachusetts, doctors, psychologists, social workers, rape counselors, teachers are some of those persons classified by statute as mandatory reporters.  All mandatory reporters must file reports of suspected child abuse or neglect with the Department of Social Services ["DSS"], an administrative agency.  If a mandatory reporter does not report a case of suspected child abuse or neglect, the reporter faces being fined.  That suspicion, howver, must be based on reasonable cause. . . a reasonable cause to believe.

(Compare  fresh-complaint witness with mandatory reporter.)

The same law which requires mandatory reporters to report suspected abuse gives them full immunity from lawsuits by accused persons and their families, even if the reporters' suspicions prove false.

In Massachusetts, the mandatory report of child abuse or neglect is called a "51A" report, named after section 51(a) of  Massachusetts General Law Chapter 119, which requires the report.

After the 51A report is filed, DSS has 10 days to investigate and generate its own report: a "51B" -- named after section 51(b).  The 51B must state whether DSS's investigation did or did not support the allegation of abuse.

The DSS social worker who writes the investigative report is also afforded discretionary function immunity.

The accused is entitled to learn what DSS's decision was and to see both reports.  The accused also has a right to appeal if DSS decided to support the allegation and say, in effect, Yes, there is enough here to suspect child abuse or rape of child.

The regulations set out the appellate procedure from an administrative agency's decision.

Assuming an unsuccessful appeal, the accusations which are sure to have appeared in both the 51A and 51B reports would have spread immediately to the DA's office, to the police . . . and, if the accused is married or getting divorced, likely to the spouse and the spouse's divorce lawyer.  Of course, if the alleged child victim is not the biological child of the accused, the parent(s) of the child might also learn of DSS's findings and be allowed to see the reports.

The effect on the accused's future is immediate.  Reimbursement for legal fees and expenses is nigh to impossible.








footer



  |  False Allegations Homepage   About BCJ   |   Disclaimer   |   Feedback  |






Google


                    Barbara C. Johnson, Esq.
  Law Office  of  Barbara C.  Johnson,  6 Appletree Lane, Andover,  MA  01810-4102  USA      telephone:   978-474-0833
USA  Country Code:  426801

 
  © Copyright 1998-2008 Barbara C. Johnson.  All rights reserved
Web designed, written, and compiled by Barbara C. Johnson
Ruler designed  by G. Marshall Brown of Home of the Horizontal Rule
Scale of Justice provided by CoolClips.com