Did the Mandated Reporter Fail to File a 51A Child Abuse Report with DCF?
Mandated reporters have a legal obligation to report any suspected child abuse. Failure to report abuse and neglect can not only harm a child, but may also be punishable by law.
Personnel from a school were charged because they failed to report suspicions of abuse. They were mandated reporters. DCF started an investigation when Vanessa (not her real name) contacted the Department. Her daughter, Tiana (not the child’s real name), claimed that she had an inappropriate conversation with a school psychologist.
The conversation between the school psychologist and the child was not a crime, but the fact that there was a failure to report to DCF was.
The importance of this case should not be understated. The job of mandated reporters is essential for the safety of children. Unfortunately, some cases go unreported while others take too long to reverse. However, this case also goes to show that mandated reporters are not infallible. Sometimes, DCF will give undue weight to the opinions of mandated reporters. In reality, mandated reporters, like the rest of us, can make errors, mistakes, and omissions.
FAQ: What’s the difference between a mandated reporter and a non-mandated reporter?
The difference between the two is that a mandated reporter must identify themselves to DCF while a non-mandated reporter may choose to make their report anonymously.
DISCLAIMER
Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.