Who is a Non Mandated Reporter?

An angry ex-spouse can be a non-mandated reporter 

A non mandated reporter is an ordinary person who makes a 51A report to the Massachusetts Department of Children and Families (MA DCF). Anyone who is not a mandated reporter, or someone who does not professionally work with children is a non mandated reporter. Non mandated reporters are not required by the law to report all suspicions of child abuse.

Non mandated reporters include:

• Neighbors
• Relatives
• Friends
• Step-Parents
• Boyfriends
• Girlfriends
• Wives
• Husbands
• Ex-Spouses
• Ex-Partners

Non mandated reporters can report allegations of child abuse to MA DCF at any time they want. Unlike mandated reporters, non mandated reporters are not required by the law to report to DCF and so they do not have to report all suspicions of child abuse to the Department immediately. Some reasons why a non mandated reporter will call DCF with allegations against you are when:

• They have concerns for their own safety
• They want revenge against you
• Their sixth sense is telling them you are abusing your child

Can Non Mandated Reporters Make Anonymous Reports?

Yes, non mandated reporters can make anonymous reports. Non mandated reporters can refuse to give MA DCF their identity. Mandated reporters, on the other hand, cannot be anonymous reporters.

Does the Law Protect Non Mandated Reporters?

Non mandated reporters are only protected when they make a report to DCF in “good faith,” or when they genuinely believe that the child was being abused or neglected. It is against the law, however, to file a false report. Any reporter who does so will not be protected by the law.

What Happens When Non Mandated Reporters Make a False Report?

Non mandated reporters would have to pay a fine or can face jail time when they file a false report on purpose. The first time they file a report, they can be fined for $2,000. When they make a false report a second time, non mandated reporters would have to pay the $2,000 but can also face jail time for up to six (6) months. For all offenses after that, jail time might go over six (6) months in addition to paying the $2,000 fee each time. The penalties for non mandated reporters are the same for mandated and anonymous reporters.

A non mandated reporter may file a false report because they misunderstood a family’s situation. Or, they may file a false report to get revenge on a parent or family. Even if the report is completely false, DCF will probably take the allegations very seriously. It is in your best interest to take the report as seriously as DCF does. You might lose your child to foster care if you don’t.

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

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.