MA DCF: Who are Mandated Reporters?

MA DCF Mandated reporters are people who are required by the law to report child abuse to the Massachusetts Department of Children and Families (MA DCF). In Massachusetts, a mandated reporter can be:

• Animal control officers

  

• Clergy
• Doctors
• Dentists
• Chiropractors
• Hospital personnel
• Medical examiners
• Medical interns
• Mental Health Professionals
• Physicians
• Podiatrists
• Caregiving professionals
• Psychologists
• Medical personnel
• Nurses
• Osteopaths 
• Firefighters
• Foster parents
• Licensed ministers
• Social workers
• Teachers or school staff

  

• Day care workers
• Educational administrators
• Guidance or family counselors
• Private school teachers
• Public school teachers
• Ordained ministers
• Employees of the Office of Health and Human Services 
• Employees of agencies which provide services to disabled persons
• Police officers
• Probation officers
• Priests
• Rabbis

Can Anyone Become a Mandated Reporter?

A mandated reporter is someone who professionally works with children. When you become a professional of this sort, you will be a mandated reporter.

There is also training designed by the Middlesex County Children’s Advocacy Center in partnership with the National Children’s Alliance. Its purpose is to train professionals in recognizing and reporting child abuse, neglect, and exploitation.

When Do Mandated Reporters Have to Report?

Mandated reporters are required to call MA DCF immediately when they have reason to believe a child is suffering from abuse or neglect. They are not allowed to hesitate to call the Department.

When a mandated reporter fails to report to MA DCF, they face heavy consequences. Some may lose their job, and others have to pay a hefty fine. In certain cases, a mandated reporter may even go to jail.

Mandated reporters are required to provide MA DCF with a written report within 48 hours of calling them. This is in addition to the phone call the mandated reporter made to the Department over the phone.

Why Do Mandated Reporters Have to Make a Report to MA DCF?

Mandated reporters have to report all suspicions of child abuse or neglect to MA DCF because it’s the law. They might lose their job if they don’t report.

DCF relies on mandated reporters as they are typically considered caretakers. This is because of their professional relationship with children. Also, mandated reporters come in contact with children more often than other community members do. 

Classifying specific individuals as mandated reporters is a safety measure. MA DCF is not capable of monitoring all children for signs of physical abuse, sexual abuse, emotional abuse or neglect; the Department compels mandated reporters to act as foot soldiers to identify child abuse and neglect for them. 

The Department also cannot monitor all the places where mandated reporters are present. This includes schools, doctors offices, and summer camps.

MA DCF does not pay mandated reporters to report to them.

How Do Mandated Reporters Work in Schools?

http://https://youtu.be/Z2cjKWtFKKQ

The way mandated reporting to MA DCF used to work in schools was through a chain of command. If a teacher suspected that a child was being abused, they would have to report to the principal or an administrator. The principal or administrator would then be designated as the individual to make the report possible child abuse or neglect to MA DCF.

Nowadays, anyone in a mandated reporting role can report a child abuse or neglect allegation. This is because authorities and administrators may hide information in the interest of protecting perpetrators. 

Do Mandated Reporters Have Immunity?

Mandated reporters only have immunity when they make a report to MA DCF in good faith. They do not have immunity when they fail to report child abuse to MA DCF.

Mandated reporters do not face any consequences or punishment when they make a report to MA DCF. That means despite doctor/patient confidentiality, doctors and therapists are still required to report all their suspicions of child abuse. In other words, mandated reporters do not face penalties for breaking their client’s trust. They may lose their client, but they will not lose their job.

An employer cannot discriminate against or fire a mandated reporter for reporting child abuse or neglect in good faith. The mandated reporter can file a grievance in court if their employer decides to retaliate against them for reporting to MA DCF. In that case, the employer may have to compensate that mandated reporter for any damages, costs related to trial, or attorney fees.

When a mandated reporter makes a report in bad faith, such as when they are purposely trying to hurt a family by reporting, they may have to pay a fine or face jail time.

What Happens When Mandated Reporters Fail to Report Child Abuse or Neglect to MA DCF?

Mandated reporters who fail to report suspected abuse or neglect to MA DCF can be fined. When a mandated reporter purposely fails to report signs of severe child abuse or neglect, such as serious bodily injury or death, the fine can be up to $5,000. The mandated reporter may also face jail time for up to two-and-a-half (2 ½) years.

The only mandated reporters who do not face consequences for not reporting to MA DCF are clergy members, rabbis, and priests. These religious leaders are not required to report information uncovered during a confession or another confidential religious communication.

But they do have to report to MA DCF when they learn of child abuse or neglect outside of a private religious setting. This is especially true when they are in a caretaking role.

What Happens When Someone Makes a False Report of Child Abuse or Neglect to MA DCF?

When anyone knowingly and purposely calls in a false report, they could possibly face jail time and fines. But this is difficult to prove.

 Kevin Seaver is a trusted MA DCF Attorney Specialized in DCF Law since 1991.