Child Abuse Reporting Procedures

 

The Mandatory Reporting of Child Abuse Act – Chapter 119, Section 51A of the laws of the Commonwealth of Massachusetts requires that school personnel report to the Department of Social Services whenever there is “reasonable cause” to believe that a child under the age of 18 is suffering serious physical and/or emotional injury resulting from abuse and/or neglect.

Who Must Report?
By law, the following professionals must report case of child abuse or neglect to the Department of Social Services: Physicians, Medical Interns, Medical Examiners, Dentists, Nurses, Teachers, Educational Administrators, Guidance Counselors, Psychologists, Family Counselors, Probation Officers, Social Workers and Policemen.

Immunity
All reports will be held in strict confidence and no person required to report and making such a report in good faith shall be held liable in any civil or criminal action by reasons of such report.

What to Report
Any incident in which there is reasonable cause to believe that a child’s physical or mental health or welfare is harmed, or threatened with harm through abuse or neglect by a person (or persons) responsible for the child’s health or welfare.

Abuse Includes:

  1. Physical, mental or emotional injury by other than accidental means, i.e. beatings, cuttings, broken bones, multiple bruises.

  2. Physical dependency on an addictive drug at birth.

  3. A sexual offense against a child as defined in the criminal laws of Massachusetts.

Neglect Includes:
Neglect is deemed to exist when the person (or persons) responsible for a child’s care, although financially able to do so, fails to provide the child with:

  1. Adequate food, clothing, shelter, education or medical care.
  2. Proper supervision and/or guardianship.

Procedures for Reporting Suspected Abuse and Neglect Cases:

  1. Any mandated reporter who questions whether or not a child has suffered or is suffering serious physical or emotional injury or serious neglect should consult with his/her principal.
  1. Prior to the close of the school day, the principal or designee will convene a meeting of the school child abuse team to determine whether or not there is reasonable cause to believe that a reportable condition exists. If it is not practicable to assemble all members of the team, telephone contact with missing members is sufficient. In the cases of suspected physical abuse, a school nurse must be involved in documenting evidence of injuries.

    The child abuse team will consist of the Principal, nurse, psychologist or guidance counselor, classroom teacher, and other staff as appropriate. If the student under consideration is a METCO student, the METCO director must be part of the team.

  2. If the team agrees that a reportable condition exists, the Principal will notify the Department of Social Services via telephone and follow with a written report within 48 hours. The principal will notify the Director of Student Services immediately of the report and forward a copy of the written 51A report to the Student Services Office.

 

  1. If all of the members of the team agree that there is not reasonable cause to believe that the child has suffered or is suffering neglect or abuse, then no report is made. If there is uncertainty about whether the child’s circumstances represents a reportable condition, then the principal may contact the DSS intake worker and give a description of the child’s circumstances without mentioning the child’s name to determine if a report should be filed. If there is still disagreement among members of the team about whether the circumstances are reportable, the principal will call the Director of Student Services, and the Director will make the final decision about whether to file.
  1. The team must make a decision about how, when and by whom the family, including the child, will be notified of this report. Notification is not required by law, but it is Wellesley Public Schools policy to notify parents in advance of the family being contacted by DSS.

 

  1. The Department of Social Services must make a decision to screen the report in for further investigation or screen it out within 24 hours. Within 10 days, DSS must complete an investigation with a finding of neglect or abuse and a recommendation for a treatment or with a finding of no neglect or abuse. The school may or may not be informed of this finding.
  1. Under a 1995 amendment to the Records Regulations, we are required to comply with requests for information made by a caseworker from the DSS who is conducting an investigation. This information can be released without parental consent. However, it is necessary to verify the identity of the caseworkers before making telephone reports. It is also our policy to inform the family if the caseworker wishes to interview a child in school. Although it is our predisposition to cooperate with DSS when making an investigation, interviews in school are made at the Principal’s discretion.

 

  1. A system of documentation that maintains confidentiality must be exercised throughout this process. Reports are not part of a child’s educational record. The Director of Student Services will maintain a file of 51A reports for the system and will keep the record for 5 years.

Employee of the Wellesley Public Schools
If the report concerns an employee of the Wellesley Public Schools, the principal should notify the Superintendent and Assistant Superintendent immediately.

Emergency Protocol
It is not our policy to file Care and Protection Petitions. These must be done in juvenile court and transfer custody from the family immediately to a guardian. All statements filed in a C&P petition are subject to libel claims if not verifiable. If you believe that filing a 51A will put a child in immediate danger, contact the Director of Student Services immediately so that appropriate planning can be made for the child’s safety.

Filing Independently of the School System
All professional school staff are mandated reporters. If the child abuse team in a building decides that a particular circumstance is not reportable, and, upon later consideration, a member of the team feels that it is, that person may file independently if he/she so chooses. That person must also make DSS aware that he or she is filing individually rather than for the school system.

 

 

 

 

Revised and updated April 2000