SENATE DOCKET, NO. 888        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 108

The Commonwealth of Massachusetts

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PRESENTED BY:

Daniel A. Wolf, (BY REQUEST)

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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 protecting persons who provide information to protect children.

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PETITION OF:

SENATE DOCKET, NO. 888        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 108

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 protecting persons who provide information to protect children.

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 51B of Chapter 119 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out subsection (n) and inserting in place thereof:-

No person who participates in an investigation under this section, testifies or is about to testify in any judicial proceeding involving child abuse or neglect, provides information to the department of children and families in response to an inquiry from the department, or directly contacts the department about a potential threat to a child’s safety shall be liable in any civil or criminal action for providing such information, provided that the person was acting in good faith and the person did not perpetrate or inflict the abuse or neglect.

SECTION 2.  Said section 51B is hereby further amended by striking out subsection (o) and inserting in place thereof:-

No employer shall discharge, discriminate or retaliate against a mandated reporter or any other person who, in good faith, participates in an investigation under this section, testifies or is about to testify in any judicial proceeding involving child abuse or neglect, provides information to the department of children and families in response to an inquiry from the department, or directly contacts the department about a potential threat to a child’s safety unless such person perpetrated or inflicted such abuse or neglect.  Any employer who discharges, discriminates or retaliates against such a person shall be liable to such person for treble damages, costs and attorney’s fees.  The attorney general may investigate and bring a civil action in superior court to enforce the provisions of this subsection.