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Massachusetts

Who is mandated to report?

Are all health clinicians mandated to report?

  • Yes.

Who else is a mandated reporter?

  • Medical interns
  • Hospital personnel
  • Psychologists
  • Allied mental health and human services professionals
  • Clinical social workers

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

When is the reporting duty triggered?

What is the standard?

  • A mandated reporter must report when, in his or her professional capacity, he or she has reasonable cause to believe that a child is suffering physical or emotional injury resulting from:
    • Abuse inflicted upon the child that causes harm or substantial risk of harm to the child’s health or welfare, including sexual abuse
    • Neglect, including malnutrition
    • Physical dependence upon an addictive drug at birth
    • Being a sexually exploited child
    • Being a human trafficking victim as defined by chapter 233, § 20M

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

What must be reported?

How does state law define child abuse and neglect for reporting purposes?

  • Mandated reporters must report abuse, sexual abuse, neglect, sexual exploitation and human trafficking as defined by Massachusetts statutes 21 and 51A, chapter 119 and legal guidance interpreting the statutes.
    • Abuse is:
      • The non-accidental commission of any act by a caregiver which causes or creates a substantial risk of physical or emotional injury or sexual abuse of a child; or
      • The victimization of a child through sexual exploitation or human trafficking, regardless if the people responsible is a caregiver.
    • Sexual Abuse is any non-accidental act by a caregiver upon a child that constitutes a sexual offense under the laws of Commonwealth or any sexual contact between a caregiver and a child for whom the caregiver is responsible.
    • Neglect is failure by a caregiver, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care, including malnutrition or failure to thrive; provided, however, that such inability is not due solely to inadequate economic resources or solely to the existence of handicapping condition.
    • “Sexually exploited child” Is any person under the age of 18 who has been subjected to sexual exploitation because such person:
      • is the victim of the crime of sexual servitude pursuant tosection 50 of chapter 265or is the victim of the crime of sex trafficking as defined in22 United States Code 7105;
      • engages, agrees to engage or offers to engage in sexual conduct with another person in return for a fee, in violation ofsubsection (a) of section 53A of chapter 272, or in exchange for food, shelter, clothing, education or care;
      • is a victim of the crime, whether or not prosecuted, of inducing a minor into prostitution under bysection 4A of chapter 272; or
      • engages in common night walking or common streetwalking undersection 53 of chapter 272.

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

Refer to the Commonwealth of Massachusetts website for the most current and complete definitions and for more information on what is reportable.

How to report:

What is the method of reporting?

  • A mandated reporter shall make an oral report immediately when, in his or her professional capacity, he or she has reasonable cause to believe that a child is suffering physical or emotional injury resulting from:
    • Abuse inflicted upon him or her that causes harm or substantial risk of harm to the child's health or welfare, including sexual abuse
    • Neglect, including malnutrition
    • Being a sexually exploited child
    • Being a human trafficking victim, as defined by chapter 233, § 20M
  • Within 48 hours of making the oral report, the mandated reporter shall file a written report detailing the suspected abuse or neglect.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

What is the timeline in which to report?

  • An oral report must be made immediately when there is reasonable cause to believe the child is suffering from child abuse or neglect. A written report must be filed with 48 hours of the oral report.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

To whom are reports made?

  • Both the oral and written reports shall be submitted to the Department of Children and Families. A mandated reporter may, in addition to filing a report under this section, contact local law enforcement authorities or the child advocate about the suspected abuse or neglect.

For more details, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

State/County Hotline?

  • Child-at-Risk Hotline
  • 1-800-792-5200

You can also search for the Department of Children and Family office that serve the city or town where the child lives to make a report during regular business hours (8:45 AM – 5:00 PM M – F)

Confidentiality:

What federal confidentiality laws apply to health information collected during a Title X visit?

  • Title X regulations 42 CFR 59.11
  • HIPAA 45 CFR 164.502

Is there an exception in federal confidentiality law that allows a clinician to comply with mandatory child abuse reporting laws?

  • Yes