(1) The
Department's release of 51A reports and 51B investigations is governed by
M.G.L. c. 119, § 51E. Copies of 51A reports and 51B investigations shall
be made available only if one of the following is obtained:
(a) The written consent of the child's
parent(s) ("parent" shall mean the child's mother, or the child's father as
"father" is defined by M.G.L. c. 209C, § 6) or guardians) or counsel.
Regardless of whether parental or guardian consent is obtained, the
Commissioner or his/her designee shall have the discretionary authority to
grant or deny the request in order to promote and protect the best interests of
the child.
(b) The written approval
of the Commissioner or his/her designee.
(c) An order of a court of competent
jurisdiction. A "court of competent jurisdiction" may include an out-of-state
(non-Massachusetts) court, or a military court, so long as that court has some
form of jurisdiction over the subject matter or the party(s).
All requests for 51A reports/5113 investigations should be in
writing or by telephone, and should be directed to the Regional Director, as
the Commissioner's designee. Letter requests (but not telephone requests) will
be accepted if made by an attorney on behalf of his/her client, as long as the
attorney's request letter specifically states that the attorney is authorized
to act on behalf of the client and is accompanied by a release or authorization
signed by the client. Upon receipt of a request for the release of 51A/51B
reports, the Regional Director or his/her designee contacts the Area Office
which is currently responsible for the particular case. The Regional Director,
or his/her designee, requests from the Area Director of his/her designee, a
copy of the 51A report and 51B investigation, together with a recommendation
from the Area Director or his/her designee as to whether granting the request
of the requesting party would be contrary to the child's best interests. The
Area Director sends a copy of the 51A report and 51B investigation, together
with his/her recommendation, to the Regional Director. Upon receipt of the 51A
report, 51B investigation, and recommendation from the Area Director or his/her
designee, the Regional Director or his/her designee decides whether to release
all or portions of the information based upon an analysis of whether such
release to the requesting party would be contrary to the child's best
interests. Upon a decision to grant all or part of the request, the material
will be made available to the requesting party from the Regional Office within
30 calendar days of the initial request (or 45 calendar days if the requested
material is voluminous). As to all persons other than an attorney who has
complied with the above requirements of
110 CMR
12.00, if the requesting party:
(d) wishes to personally appear to obtain
his/her copies from the Regional Office, some positive form of identification
(photo drivers license, birth certificate, etc.) will be required; or
(e) wishes to have the material mailed some
positive form of identification (photocopy of photo drivers license, photocopy
of birth certificate) must be furnished in advance.
(2) A request may be granted by the Regional
Director as the Commissioner's designee, but only when, in the opinion of the
Regional Director, granting the request would not be contrary to the best
interests of the child. The Regional Director shall send written notice of any
denial to the requesting party stating the reasons for denying the request. No
fair hearing or grievance shall be available concerning such a denial by the
Regional Director, but an aggrieved party may exercise any other rights or
remedies available at law.
(3) A
request may be allowed in part and denied in part by the Regional Director as
the Commissioner's designee, but in such cases the Regional Director shall so
inform the requesting party and shall inform said party of the type of
information withheld. Information which may be withheld, where appropriate,
includes such material as attorney-client communications, other privileged
material, portions which would be contrary to the best interests of the child
if released, etc. No fair hearing or grievance shall be available concerning
such a denial by the Regional Director, but an aggrieved party may exercise any
other rights or remedies available at law.
(4) A non-custodial parent (i.e., divorced,
adjudicated unfit, etc.) shall have the same right of access to said 51A and
51B reports as does the custodial parent, and is equally subject to the
limitations of 110 CMR
12.08(2) and (3). For purposes of 110 CMR
12.08, the
request of one parent or guardian (not both parents nor both guardians) shall
be sufficient to cause the Department to release to that individual a copy of
the 5IA report and 51B investigation, subject to the other limitations of 110
CMR
12.08.
(5) Whenever the
Department releases any copy of a 51A report or 51B investigation, the name of
(and any other reasonably identifying data concerning) the reporter shall be
redacted. Other information may be redacted as set forth in 110 CMR
12.08(3)
(i.e. attorney-client communications, privileged material, material contrary to
the best interests of the child, etc.). However, this provision shall not apply
to release of a 51A report or 5113 investigation to a District Attorney, which
shall not be redacted.
(6) See also
110 CMR
10.14,
Regarding release of 51A/51B reports to alleged perpetrators for purposes of
fair hearing.
