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MA DCF: 51A Report

The Massachusetts Department of Children and Families (MA DCF) first becomes involved with your family with the intake call. During the intake call, DCF creates a 51A report. The “51A report” is a document made by Massachusetts Department of Children and Families (MA DCF). It is the official form that DCF uses to take notes when a reporter calls to make a report. Every 51A report includes all the relevant information regarding the reported children, reported family, alleged perpetrators, and also the reporter. These reports indicate the allegations of child abuse or child neglect, and explain why the report was made.

The 51A report is named after “Massachusetts General Law chapter 119 section 51A“. 

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How Do You File a 51A Report?

You, as a reporter, cannot file a 51A report–that is MA DCF’s job. When you call the Department with a suspicion of child abuse, you will be connected to a MA DCF social worker. This phone call is also known as an “intake call”. The social worker will then file the 51A report. The social worker will ask you a series of questions regarding the following:

  • Identifying information for the reported children and caregivers
  • The nature and extent of the suspected child abuse or neglect
  • Evidence and knowledge of prior injury, maltreatment, or neglect
  • The circumstances which brought the issue of abuse or neglect to the reporter’s attention
  • All other helpful and relevant information

When you do not have information on the identity of the alleged perpetrator, it is okay. MA DCF does not need to know the identity of the alleged perpetrator in order to file a 51A report.

What Happens During the MA DCF Intake Call?

During a MA DCF intake call, a social worker will take notes on what the reporter tells them. The notes will be about the specific incident of child abuse or neglect, the reported child or children, and the reported family. The DCF social worker will analyze their notes to determine whether the incident meets the Department’s definition of abuse or neglect. These notes will go into an official DCF form, called the “51A report.” Regardless of whether or not DCF screens in or screens out the allegations of child abuse or child neglect, the Department must create a 51A report. During or right after the call, the Department will decide whether or not they want to intervene in the reported family’s life. If they think they should get involved, they will “screen in” the report. If they do not think they need to get involved, they will “screen out” the report. DCF will screen out a report when it does not involve the abuse or neglect of children (i.e. when the report is about the abuse of young adults who are over the age of 18 years, or the abuse of elderly people). They will also screen out reports about regular parenting practices which are not actually abusive or neglectful as well (i.e. a teen not being given money for an event or not being allowed to date). Another reason why DCF will screen out a report is because a caretaker did not abuse or neglect the reported child. For example, when a magazine contains pornographic pictures of children, DCF will screen out the report. Even if DCF screens out the report, they can contact the District Attorney’s office to deal with the situation when the allegations are criminal in nature

What is in the 51A Report?

The 51A report will state the demographic information for the reported children, family, and alleged perpetrators. This includes:

  1. The names and addresses of the child
  2. The child’s age and sex
  3. The names and addresses of the child’s caretakers

The 51A report will also include information from the reporter. That includes:

  1. The reporter’s name
  2. Information that the reporter believes can help DCF determine the cause of the child’s injuries

Most importantly, the 51A report will contain information on the allegations. That would include:

  1. The extent of the child abuse or neglect
  2. Evidence of prior abuse or neglect of the child
  3. The circumstances that led the reporter to be aware of the child abuse or neglect
  4. Actions taken to help or treat the reported child

Why Did MA DCF File a 51A Report Against Me?

MA DCF filed a 51A report against you because someone told them you were abusing or neglecting your child. When you are not a parent, but MA DCF files a 51A report against you anyway, it means the Department considers you to be a caretaker for the reported child. Caretakers include parents, step-parents, guardians, grandparents, teachers, and everyone else entrusted with caring for a child. That means babysitters or older siblings can have a 51A report filed against them too. There are three (3) types of reporters who can report to DCF: mandated reporters, non-mandated reporters, and anonymous reporters.

Who Can Make the Intake Call to MA DCF?

Anyone can make the intake call to MA DCF when they suspect a child is being abused or neglected. Massachusetts law requires some people to report to DCF. There are three (3) types of reporters:

  1. Mandated Reporters
  2. Non-mandated Reporters
  3. Anonymous Reporters

Mandated reporters must make a report to DCF over the phone or in person. They must also make a written report to the Department within 48 hours after making the report over the phone or in person. Mandated reporters must identify themselves to the Department. They have to state their name, address, and telephone number during the intake call. Non-mandated reporters can choose whether or not they would like to make their report anonymously. When a non-mandated reporter wants to be an anonymous reporter, they do not have to provide any personal or sensitive information to the Department at all. Mandated reporters might be more inclined to report all suspicions of child abuse or neglect to MA DCF even when they are not fully aware of the family’s circumstances. This is because they may lose their job or face serious consequences when they ignore signs of abuse or neglect in a child. Non-mandated reporters, however, will not face penalties for failing to report a family to MA DCF.

Is There an Intake Call Checklist?

There is no official “intake call checklist” for what to include in a report to MA DCF. But when a report is made, DCF is supposed to have the following information:

  • The reporter’s name and contact information
  • How the reporter became aware of the alleged child abuse or neglect
  • The name, sex, age and address of the reported child
  • The names and addresses of all parents and caregivers in the home
  • The name of the person(s) responsible for the alleged child abuse or neglect
  • The nature and extent of the suspected child abuse or neglect
  • Evidence of prior abuse or neglect of the reported child
  • What treatments the child is going through
  • Other information the reporter thinks would be helpful in identifying the cause of the child’s physical or emotional injuries

Should You Think Twice Before Making a Report of Child Abuse or Neglect to DCF in Massachusetts?

Being a reporter comes with a great deal of responsibility. Reporters have the power to keep children safe from harm. But differences in perspective, culture, background, and religion can lead people to make false reports to MA DCF. What you may consider child abuse can very well be a normal practice in another culture. In Russia, for example, young children are tossed into the snow to help them get used to the cold weather. Though Russians have been familiar with this practice for centuries, Americans may view a parent tossing their child into the snow as physical abuse.

What Happens After DCF Files a 51A Report?

After or while DCF receives the 51A report, they will decide to either to “screen-in” or “screen-out” the report. When DCF receives an incomplete report, such as when the child abuser or the reported child is unknown or unidentified, they must hold off on whether or not they should screen in or screen out the report. Once the a 51A report is filed, MA DCF will decide if they want to investigate the allegations. The Department will start an investigation into a family only when the child abuse or neglect allegations are screened-in. Then, DCF will determine whether they need to do an emergency or a non-emergency investigation, based on how serious the allegations are. When the allegations concern child sexual abuse or serious child physical abuse, there may be criminal charges. MA DCF cannot use their discretion in these matters; they must report the allegations to the District Attorney.

Does MA DCF Contact the Reported Family After the Intake Call?

After the intake call, MA DCF will contact the reported family only if they screen-in the report and begin and investigation. DCF is supposed to call you or send you an email or letter to let you know they are investigating you. Unfortunately, DCF may never tell you they are investigating you. Contact your local MA DCF area office to request all the documents they have regarding your family when this happens. Sometimes, a MA DCF social worker might show up at your doorstep and tell you that the are starting an investigation against you right then and there. Police may accompany a DCF social worker when they visit your home. At that point, DCF still might not tell you exactly what the allegations are against you. This is a violation of your U.S. Constitutional “due process” rights. As a parent, you should kindly request what information DCF has regarding the allegations against you. You should also politely ask for their identifying information and credentials to make sure they are actually from DCF. You do not have to let a MA DCF social worker into your home, but sometimes that can work against you. The social worker might try to get a court order to forcefully remove your children from your home. The better way to go about the situation is to have a conversation with your social worker. Ask them (very nicely) about the allegations against you. You should never answer questions you are not comfortable with. Kindly reschedule the meeting to another time where you can have Attorney Seaver present to allow you to come prepared for the meeting.

What is the Difference Between a 51A Report and a 51B Report?

The difference between a 51A and a 51B report is the information in each document. The 51A report will include all the information MA DCF needs to determine whether they should start an investigation into the family. A 51B report on the other hand, is a record of everything MA DCF did during their investigation. DCF will only make a 51B report, on the other hand, when they decide to do an investigation into a family. In other words, there will be no 51B report when the 51A report was screened out.  The 51B report is a document which contains the information DCF collected during their investigation. That includes interviews of the reported child and the reported family, and an evaluation of the child’s home. The 51B report also contains DCF’s decision about whether or not the allegations are true. DCF “supports” allegations when they believe the allegations are true. They “unsupport” the allegations when they believes the allegations are false. Sometimes, MA DCF will decide that the allegations are “substantiated concern”. In those cases, it means DCF was not sure whether the allegations were true or not.

How Long Does a 51A Report Stay On Your Record in Massachusetts?

A 51A report stays on your record forever in Massachusetts. And that’s why when you request your records, you should request a 51A report, because you absolutely positively want to see how the case originated and started, because there’s key printed information in there that can help you to understand better what the allegations are against you as a parent, grandparent, foster parent, or caretaker in Massachusetts law.

Disclaimer

You find yourself in this situation, it’s advisable to seek legal representation from a qualified attorney, like those at the Law Office of Kevin Seaver, who can advocate for your rights and guide you through the complex process of a DCF investigation.

Remember that the ultimate goal of DCF is to ensure the safety and well-being of children while supporting families in crisis.

Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers.

Readers should not rely on this information as legal advice and should seek specific counsel from the attorney based on personal circumstances. Thank you.

Kevin Patrick Seaver is a Massachusetts DCF Defense Lawyer who represents parents against false child abuse allegations.

Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.