HOUSE DOCKET, NO. 296        FILED ON: 1/13/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1591

The Commonwealth of Massachusetts

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PRESENTED BY:

John W. Scibak

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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 relative to child abuse reporting requirements.

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PETITION OF:

HOUSE DOCKET, NO. 296        FILED ON: 1/13/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1591

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to child abuse reporting requirements.

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 51A of Chapter 119 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the first paragraph of subsection (a), the following paragraph:-

A mandated reporter who has reasonable cause to believe that a person who is alleged to have sexually abused a child in the past, presently represents a credible threat to a child under the age of 18 years, shall have the same obligation to make oral and written reports of such threat to the appropriate law enforcement agency or official and the department.

SECTION 2.  Said section 51A is hereby further amended by inserting, in the first line of the second paragraph of subsection (c), after the words “neglect that resulted in”, the following words:- a sexual assault or.

SECTION 3.  Said section 51A is hereby further amended by adding at the end of subsection (c), the following paragraph:-

Any corporation or other institution which employs a mandated reporter who fails to make a report required by this section, shall be punished by a fine of not more than one hundred thousand dollars.  It shall be a defense to any prosecution under this section that the corporation or other institution has complied with the requirements of subsection (k).

SECTION 4.  Said section 51 A is hereby further amended by adding at the end of subsection (k) the following paragraph:-

All corporation and other institutions, which employ mandated reporters not professional licensed by the commonwealth, shall institute a program to implement the reporting requirements of this section.  Such program shall include, at a minimum, (i) the promulgation of a written protocol to be followed when a 51A report is required; (ii) an education program for each mandated reporter; and (iii) the posting, in a prominent public location, of the requirements of this section and the penalties for non-compliance.