Understanding 51A’s in Massachusetts: What You Need to Know
When facing a Department of Children and Families (DCF) investigation in Massachusetts, it is imperative to understand the 51A process. The filing of a 51A report can have significant consequences for families, and knowing how the system works can help you navigate it effectively.
What is a 51A Report?
A 51A report is a formal allegation of child abuse or neglect. The term “51A” comes from Massachusetts General Laws Chapter 119, Section 51A, which outlines the process of reporting suspected child maltreatment. The report serves as the initial step in DCF’s involvement with a family. However, it is important to note that nothing in the 51A report is taken as fact – it is merely an allegation. It is the subsequent 51B investigation that corroborates or disproves the allegations.
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Mandated reporters: Certain professionals, including but not limited to; teachers, doctors, therapists, social workers, and law enforcement officers, are legally required to file a 51A if they have reasonable cause to believe a child is being abused or neglected.
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Non-mandated reporters: Any member of the public can file a 51A report if they suspect child abuse or neglect, even if they are not legally required to do so.
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Anonymous reporters: Reports can be made anonymously to protect against retaliation, meaning the person filing doesn’t have to provide their identity to DCF.
The 51A report typically includes:
- The name of the child alleged to have been abused or neglected
- The circumstances surrounding the alleged abuse or neglect
- The names of the alleged perpetrators, if known
- Reporter details are also included, if the report is made by a mandated reporter, their identify and professional role are documented, but are redacted and not disclosed to the public. Anonymous reports omit identifying information.
- A determination of whether the report is screened in (meaning DCF will investigate further) or screened out (meaning no further action will be taken)
The Difference between a 51A Report and a 51B Investigation
A 51A report is simply the filing of an allegation
A 51B investigation is simply the formal investigative process conducted by DCF after a 51A is screened in. During this process, DCF interviews the child, family members, and other relevant individuals to assess the validity of the allegations and determine whether intervention is necessary.
Criteria for Screening In vs Screening Out a 51A Report
What Does a Screened in 51A Report Lead to?
When a 51A report is screened in, DCF categorizes the investigation as either an emergency or non-emergency.
Emergency Investigation: If DCF determines that a child is at immediate risk of harm, they must begin an investigation within 2 hours and complete the response within 5 business days of the report.
Non-Emergency Investigation: If the child is not considered to be in immediate danger, DCF has two business days to begin its investigation and the report must be completed within 15 days of the report. The process involves gathering information through interviews, reviewing records, and assessing the home environment.
The 51A process is a serious legal matter that can lead to DCF involvement in your family’s life. If you are facing a 51A report or subsequent 51B investigation, it is essential to understand your rights and seek legal guidance. An experienced DCF defense attorney can help protect your family and advocate for the best possible outcome. If you have questions about the 51A process or need legal assistance, contact our office today.
“There’s some things you can take chances with, one of them is not your children.”
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Want to Learn More?
Understanding the DCF is a difficult and arduous task, but we made it as approachable as possible with our Resource Center.
Explore our Resource Center for more detailed information regarding the DCF investigation process and what DCF does when investigating and assessing MA families. If you’re concerned about DCF parental alienation or how to navigate these complex situations, then contact an experienced Attorney to help provide you a plan to navigate DCF. Avoid the traps and pitfalls others have fallen into that keeps their cases open for months to years.
The Law Office of Kevin Patrick Seaver has been a steadfast ally for thousands of clients since 1991, particularly in cases involving DCF parental alienation. Our extensive experience across the Commonwealth of Massachusetts enables us to effectively assist clients in getting allegations declared unsupported, assessments closed, and decisions overturned.
Over 30 Years of Legal Experience
The Law Office of Kevin Patrick Seaver has been a steadfast ally for thousands of clients since 1991, particularly in cases involving DCF parental alienation. Our extensive experience across the Commonwealth of Massachusetts enables us to effectively assist clients in getting allegations declared unsupported, assessments closed, and decisions overturned.
