Filing a Section 51A Report in Massachusetts

A Section 51A report is a formal notification made to the Massachusetts Department of Children and Families (DCF) regarding suspected child abuse or neglect. Its name originates from Massachusetts General Laws Chapter 119, Section 51A, which governs the reporting of child maltreatment. The purpose of this report is to alert the DCF to a situation where a child under the age of 18 may be at risk.

This report is the mechanism for initiating a protective services response. It is not an accusation or a determination of guilt, but a formal expression of reasonable concern for a child’s welfare. The information provided triggers an assessment by the DCF to determine if a child’s safety is in jeopardy and whether state intervention is necessary.

Who Must File a Report

Massachusetts law identifies a specific group of professionals as “mandated reporters.” These individuals are legally required to file a 51A report when they have reasonable cause to suspect a child is being abused or neglected within their professional capacity. The list of mandated reporters includes:

• Medical personnel
• Social workers
• School employees like teachers and guidance counselors
• Law enforcement officers
• Childcare providers

This duty also extends to individuals paid to care for or work with children in any public or private facility licensed or funded by the state, such as staff at preschools, after-school programs, and foster parents. A mandated reporter who fails to report can face a fine of up to $1,000. If the failure to report results in a child’s death or serious bodily injury, penalties include a fine of up to $5,000 and potential imprisonment. The statute provides legal protections for mandated reporters who file a report in good faith, shielding them from employer retaliation.

While certain professions have a legal requirement to report, any member of the general public can and is encouraged to file a 51A report. Any person who has a reasonable belief that a child is suffering from abuse or neglect can raise their concerns. Reports can also be made anonymously to protect the identity of the person filing.

Information Required for a Report

To file an effective Section 51A report, specific information must be provided to the DCF. The report should include as much identifying information as possible for the child and their parents or caregivers, including full names, dates of birth, and the child’s current address.

The core of the report is a detailed description of the suspected abuse or neglect. The filer must state the nature and extent of the concerns, including any specific injuries observed or statements made by the child. Document any evidence of prior injuries or a history of maltreatment if known. The report should also identify the person believed to be responsible for the harm, if that information is available.

Filers must also describe the circumstances that led to the suspicion of abuse or neglect. This includes explaining how they became aware of the situation and what actions, if any, have already been taken to assist the child.

The Filing Process

The process for filing a Section 51A report involves two required steps. First, an immediate oral report must be made to the DCF. This is done by calling the Child-at-Risk Hotline or the specific DCF Area Office that serves the child’s city or town. This initial phone call ensures that the department is alerted to the potential danger without delay.

Following the oral report, a written report must be submitted to the DCF within 48 hours. This formalizes the concerns and is done using the official “Report of Suspected Child Abuse or Neglect” form, which can be obtained from the DCF. The completed form must be sent to the same DCF office where the oral report was made and can be submitted via fax or mail.

The Department of Children and Families Response

Once the Department of Children and Families receives a Section 51A report, it initiates a screening process to determine if the allegations meet the legal criteria for child abuse or neglect. A report is “screened in” if the allegations describe a situation that falls under the department’s mandate to protect children. If a report is “screened out,” it means the allegations do not meet the statutory definition, and no further action is taken.

For emergency reports, the DCF must begin its response within two hours. For non-emergency reports, screening is completed within one business day, and any subsequent investigation must begin within three business days.

If a report is screened in, the DCF proceeds to a formal investigation, sometimes referred to as a 51B investigation. This involves an in-depth assessment to determine the child’s safety and to validate the initial allegations. The goal of the investigation is to determine whether the report is “supported” or “unsupported,” which will dictate any subsequent intervention by the department.