HOUSE DOCKET, NO. 3341        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1454

The Commonwealth of Massachusetts

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PRESENTED BY:

Kevin J. Kuros

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act expanding the definition of mandated reporters and updating the fines and consequences for failing to report abuse.

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PETITION OF:

HOUSE DOCKET, NO. 3341        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1454

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act expanding the definition of mandated reporters and updating the fines and consequences for failing to report abuse.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 21 of chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking, in lines 50 and 51, the words “or (vi) the child advocate” and inserting in place thereof the following: (vi) the child advocate; or (vii) any person or persons who resides in Massachusetts, and is over 18 years or age, who witnesses or witnesses signs of child abuse, including sexual abuse, shall immediately communicate such condition to the local or state police.

SECTION 2.  Section 51A of chapter of chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the section in its entirety, and inserting in place thereof the following:--

Section 51A. (a) A mandated reporter who, has reasonable cause to believe that a child is suffering physical or emotional injury resulting from: (i) abuse inflicted upon him which causes harm or substantial risk of harm to the child's health or welfare, including sexual abuse; (ii) neglect, including malnutrition; (iii) physical dependence upon an addictive drug at birth, shall immediately communicate with the local or state police orally and, within 48 hours, shall file a written report with the local or state police detailing the suspected abuse or neglect; or (iv) being a sexually exploited child; or (v) being a human trafficking victim as defined by section 20M of chapter 233.

  If a mandated reporter is a member of the staff of a medical or other public or private institution, school or facility, the mandated reporter may instead notify the person or designated agent in charge of such institution, school or facility who shall become responsible for notifying the local or state police in the manner required by this section.

  (b) For the purpose of reporting under this section, hospital personnel may have photographs taken of the areas of trauma visible on the child without the consent of the child's parents or guardians. These photographs or copies thereof shall be sent to the local or state police with the report.

  If hospital personnel collect physical evidence of abuse or neglect of the child, the local district attorney, local law enforcement authorities, and the department shall be immediately notified. The physical evidence shall be processed immediately so that the local or state police may make an informed determination within the time limits in section 51B. If there is a delay in processing, the local or state police shall seek a waiver under subsection (d) of section 51B.

  (c) Notwithstanding subsection (g), whoever violates this section shall be punished by a fine of not less than (i) $1,000 and not more than $5,000 for the first offense, (ii) a fine of not less than $5,000 and not more than $10,000, and/or imprisonment in a house of correction for not more than 6 months. Whoever knowingly and willfully files a frivolous report of child abuse or neglect under this section shall be punished by: (i) a fine of not more than $2,000 for the first offense; (ii) imprisonment in a house of correction for not more than 6 months and a fine of not more than $2,000 for the second offense; and (iii) imprisonment in a house of correction for not more than 21/2 years and a fine of not more than $2,000 for the third and subsequent offenses.

  Any mandated reporter who has knowledge of child abuse or neglect that resulted in serious bodily injury to or death of a child and willfully fails to report such abuse or neglect shall be punished by a fine of up to $10,000 or imprisonment in the house of correction for not more than 21/2 years or by both such fine and imprisonment; and, upon a guilty finding or a continuance without a finding, the court shall notify any appropriate professional licensing authority of the mandated reporter's violation of this paragraph.

  (d) A report filed under this section shall contain: (i) the names and addresses of the child and the child's parents or other person responsible for the child's care, if known; (ii) the child's age; (iii) the child's sex; (iv) the nature and extent of the child's injuries, abuse, maltreatment or neglect, including any evidence of prior injuries, abuse, maltreatment or neglect; (v) the circumstances under which the person required to report first became aware of the child's injuries, abuse, maltreatment or neglect; (vi) whatever action, if any, was taken to treat, shelter or otherwise assist the child; (vii) the name of the person or persons making the report; (viii) any other information that the person reporting believes might be helpful in establishing the cause of the injuries; (ix) the identity of the person or persons responsible for the neglect or injuries; and (x) other information required by the local or state police.

  (e) A mandated reporter who has reasonable cause to believe that a child has died as a result of any of the conditions listed in subsection (a) shall report the death to the district attorney for the county in which the death occurred and the office of the chief medical examiner as required by clause (16) of section 3 of chapter 38. Any person who fails to file a report under this subsection shall be punished by a fine of not more than $10,000.

  (f) Any person may file a report under this section if that person has reasonable cause to believe that a child is suffering from or has died as a result of abuse or neglect.

  (g) No mandated reporter shall be liable in any civil or criminal action for filing a report under this section or for contacting local or state law enforcement authorities or the child advocate, if the report or contact was made in good faith, was not frivolous, and the reporter did not cause the abuse or neglect. No other person filing a report under this section shall be liable in any civil or criminal action by reason of the report if it was made in good faith and if that person did not perpetrate or inflict the reported abuse or cause the reported neglect. Any person filing a report under this section may be liable in a civil or criminal action if the local or state police or a district attorney determines that the person filing the report may have perpetrated or inflicted the abuse or caused the neglect.

  (h) No employer shall discharge, discriminate or retaliate against a mandated reporter who, in good faith, files a report under this section, testifies or is about to testify in any proceeding involving child abuse or neglect. Any employer who discharges, discriminates or retaliates against that mandated reporter shall be liable to the mandated reporter for treble damages, costs and attorney's fees.

  (i) Within 30 days of receiving a report from a mandated reporter or from the local or state police, the department shall notify the mandated reporter, in writing, the services that the department intends to provide to the child or the child's family.

  (j) Any privilege relating to confidential communications, established by sections 135 to 135B, inclusive, of chapter 112 or by sections 20A and 20B of chapter 233, shall not prohibit the filing of a report under this section or a care and protection petition under section 24, except that a priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body or accredited Christian Science practitioner need not report information solely gained in a confession or similarly confidential communication in other religious faiths. Nothing in the general laws shall modify or limit the duty of a priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body or accredited Christian Science practitioner to report suspected child abuse or neglect under this section when the priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body or accredited Christian Science practitioner is acting in some other capacity that would otherwise make him a mandated reporter.

(k) Training shall be made available to all mandated reporters and members of the community using either digital means, and or in a classroom setting.  The department shall provide links on its web site to training and education hosted on Protect Mass Children’s web site, which shall include and address recognizing and reporting of suspected child abuse or neglect, child sexual assault, sex offender profile training, healthy sexual behavioral training, requirements of mandated reporters, and how to report incidents of abuse.