MANDATED REPORTING FACTS
WHAT DOES IT MEAN TO BE A MANDATED PROVIDER?
All family childcare providers are mandated reporters. What does that mean? What if you are wrong? The word mandate means – A command or law given to authorize to do something. Massachusetts General Laws Chapter 119, Section 51A, defines d a mandated reporter as someone:
• “…who, in his professional shall have reasonable cause to believe that a child under the age of eighteen years is suffering physical or emotional injury resulting from abuse inflicted upon him which causes harm or substantial risk of harm to the child's health or welfare including sexual abuse, or from neglect, including malnutrition, or who is determined to be physically dependent upon an addictive drug at birth, shall immediately report such condition to the department by oral communication and by making a written report within forty-eight hours after such oral communication."
WHAT IS REASONABLE CAUSE?
Because you are a mandated reporter, you must file a report if you have ‘reasonable cause’ to believe that:
• A child is suffering serious physical or emotional injury resulting from abuse inflicted upon him/her, including sexual abuse
• A child is suffering from neglect, including malnutrition
• A child is physically dependent upon an addictive drug at birth
Reasonable cause means that, after examining all the facts in a particular situation, most people with similar training and experience would also suspect abuse. It is saying, you should use your professional training and/or experience and your personal knowledge of the child too make an informed decision.
If you are not sure whether or not to make a report, call your or local Department of Social Services. The law is very clear: A mandated reporter suspecting abuse must notify DSS immediately by telephone and follow up with a written report within 48 hours. There are no exceptions! The law is clear: professionals who fail to report suspected abuse are subject to criminal prosecution and a $1,000 fine.
WHAT SHOULD YOUR REPORT INCLUDE?
Your report should include the following information:
• Your name. Mandated reporters may not make anonymous reports, although other reporters may.
• The names and addresses of the child and her parents or person responsible for his/her care.
• The child’s age and sex
• The nature and extent of the child’s injuries, abuse, maltreatment, or neglect
• The circumstances under which you first became aware of the child’s injuries, abuse, maltreatment of neglect
• What actions, if any, was taken to treat, shelter, or assist the child?
• Any other information which you believe might be helpful in establishing the cause of the injuries or the identity of the persons responsible for the injuries.
Provide as much detail as possible.
WHAT IF THE REPORT IS PROVEN TO BE UNTRUE?
All mandated reporters are immune by law from civil or criminal liability for filing a report, even if it is not verified by the investigator. This means that even if someone sues you for reporting, the court will dismiss the case when it is revealed that you are a mandated reporter.
A mandated reporter has the right to find out the results of the investigation, and any social services which the Department intends to provide to the child or the family. The Department of Social Services should mail you a letter containing this information.
Information taken from Mass.gov