110 CMR 4.32 - The Response Decision - Supported, Substantiated Concern, or Unsupported

(1) Based on the facts gathered during the response, the assessment of parental capacities, the results of the risk assessment tool, and clinical judgement, the response worker, in consultation with the supervisor determines the following:

(a) A finding on the reported allegations(s) or discovered conditions, including a finding on any person(s) responsible, and

(b) A determination as to whether Department intervention is necessary to protect the safety and well-being of the child(re) and mitigate identified risks. Circumstances to consider when determining whether intervention is necessary include:

1. The role of the alleged perpetrator;

2. The current and potential threat posed by the alleged perpetrator; and

3. The actions of the parent(s) or caregiver(s) and their ability to maintain safety.

(2) The Department's findings under 110 CMR 4.32(1) form the basis of the Department's decision on the report. Based on these findings the Department determines whether the report is supported, is a substantiated concern, or is unsupported.

(a) A report if "Supported" if the Department determines:

1. There is reasonable cause to believe a child(ren) was abused or neglected, or was or is at substantial risk of being abused or neglected; and

2. The action or inactions by the parent(s) or caregiver(s) place the child(ren) in danger or present substantial risk to the child(ren)'s safety or well-being; or a person was responsible for the child(ren) being a victim of sexual exploitation or human trafficking.

(b) A report is a "Substantiated Concern" if the Department determines:

1. There is reasonable cause to believe a child(ren) was neglected; and

2. The actions or inaction by the parent(s) or caregiver(s) create a moderate risk and there is a presence of contributing factors that increase the likelihood of the child(ren) being neglected.

(c) A report is "Unsupported" if the Department determines:

1. There is not reasonable cause to believe a child(ren) was abused or neglected, or the child(ren)'s safety or well-being is being comprised; or

2. The person believe to be responsible for the abuse or neglect was not a caregiver, unless the abuse or neglect involves sexual exploitation and/or human trafficking where the caregiver distinction is not applied.

(3) Definition of "Reasonable Cause to Believe ". For the purposes of 110 CMR 4.32, " Reasonable Cause to Believe " means a collection of facts, knowledge or observations which tend to support or are consistent with the 51A report allegations, and when viewed in light of the surrounding circumstances and credibility of persons providing information would lead one to conclude that a child(ren) has been abused or neglected.

(4) The Department documents its findings, including the final disposition, in the written 51 B response.

Notes

110 CMR 4.32

Amended by Mass Register Issue 1486, eff. 1/6/2023.