110 CMR 4.32 - Decision to Support/Unsupport a Report

(1) After completion of its 51B investigation, the Department shall make a determination as to whether the allegations in the report received are "supported" or "unsupported".

(2) To support a report means that the Department has reasonable cause to believe that an incident (reported or discovered during the investigation) of abuse or neglect by a caretaker did occur. To support a report does not mean that the Department has made any finding with regard to the perpetrator(s) of the reported incident of abuse or neglect. It simply means that there is reasonable cause to believe that some caretaker did inflict abuse or neglect upon the child in question. "Reasonable Cause to believe" means a collection of facts, knowledge or observations which tend to support or are consistent with the allegations, and when viewed in light of the surrounding circumstances and credibility of persons providing information, would lead one to conclude that a child has been abused or neglected.

Factors to consider include, but are not limited to, the following: direct disclosure by the child(ren) or caretaker; physical evidence of injury or harm; observable behavioral indicators; corroboration by collaterals (e.g., professionals, credible family members); and the social worker and supervisor's clinical base of knowledge.

(3) Each determination by the Department that the allegations of a 51A report are "unsupported" shall be communicated to the parent(s) or parent substitute(s), or, in the case of divorced parents, to both parents if both have some form of court-ordered custody, and if not, then only to the parent with court-ordered custody, within 48 hours after the determination that the allegations are unsupported, in a form letter established for use by the Department. All collaterals who were contacted by the investigator, shall be notified in writing of the decision to unsupport the report, unless the target of the investigation requests that such notification not occur. If the 51A report in question was filed by a mandated reporter, the mandated reporter is notified of the decision on a form established by the Department. If the 51A report in question contained an allegation of institutional abuse or neglect which occurred at a facility owned, operated, or funded, in whole or in part, by any department or office listed in 110 CMR 4.43, or at a facility operated by a person or entity subject to licensure or approval by any department or office listed in 110 CMR 4.43, then the director or owner of such facility shall also be sent a copy of said letter.

(4) Each determination by the Department that the allegations of a 51A report are "supported" shall be communicated to the parent(s) or parent substitute(s), or, in the case of divorced parents, to both parents if both have some form of court-ordered custody, and if not, then only to the parent with court-ordered custody, within 48 hours after the determination that the allegations are supported, in a form letter established for use by the Department. If the 51A report in question was filed by a mandated reporter, a copy of the letter shall also be provided to the mandated reporter. In addition, upon request by any mandated reporter of a supported 51A report, the Department shall inform the mandated reporter of the social service(s), if any, that the Department intends to provide to the child and/or the child's family. If the 51A report in question contained an allegation of institutional abuse or neglect which occurred at a facility owned, operated, or funded, in whole or in part, by any department or office listed in 110 CMR 4.43, or at a facility operated by a person or entity subject to licensure or approval by any department or office listed in 110 CMR 4.43, then the director or owner of such facility shall also be sent a copy of said letter.

(5) Whenever the Department, after an investigation, supports a 51A report on a child under the age of three, the family shall be referred for early intervention services. The department will provide the early intervention program with the minimum information needed to contact the family, utilizing a form developed by the Department.

Notes

110 CMR 4.32