FILED ON: 5/9/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4491

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to mandated reporter reform.

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. Chapter 18C of the General Laws is hereby amended by inserting after section 4 the following section:-

Section 4A. (a) There shall be within the office, a task force to develop and implement educational and training requirements for mandated reporters and the prevention of child abuse and neglect. The task force shall consist of the child advocate, who shall serve as the chair, the attorney general or a designee, the commissioner of elementary and secondary education or a designee, the commissioner of early education and care or a designee, the commissioner of children and families or a designee, the chief counsel of the committee for public counsel services or a designee, the Middlesex county district attorney or a designee and the Children’s League of Massachusetts, Inc.

(b) The task force shall, no later than 1 year after its first meeting, develop training curriculum guidelines including profession specific training and refresher courses that include the following:

(1) training on department responses to a written report filed under section 51A of chapter 119 and the list of offenses that require the department to refer a report to the district attorney;

(2) training on signs of child sexual abuse and physical and emotional abuse and neglect;

(3) training on how institutions develop an internal tracking system for reports made and filed,  noting that all reports be under the care and control of a designated administrator and how to protect confidentiality; 

(4) training on retaliation for filing, what agency will receive reports of intimidation and retaliation and possible responses; and

(5) training for the trial court department as required under section 9C of chapter 211B.

(c) The task force shall also investigate and determine: 

(1) the specific agency or agencies responsible for training;

(2) how often training and refresher courses are required;

(3) what and when to report to licensing entities after surveying the various licensing board’s practices;

(4) the possibility of continuing education units of credit for training modules;

(5) which agency or agencies will enforce fines and penalties and address lack of reporting;

(6) the development of a mechanism for feedback on the training;

(7) if additional action or training is needed to address the intersection of family and domestic violence and child abuse and neglect and trauma; 

(8) when licensees and contracted organizations and all employers of mandated reporters shall submit plans and to which agencies they will file with; provided that, such plans shall include: (A) how such licensees and organizations intend to train their workers, (B) the chain of command for reporting, (C) mechanisms for how the designated reporter will document proof of filing to the original mandated reporter and (D) how mandated reporters will document having made a report to the designated reporter;

(9) the development of a requirement for schools to post a multi-lingual sign in a common area visible to the public that provides the contact information for the department and the office, as well as where any person may file a concern in regard to child abuse and neglect and children-at-risk; and

(10) the development of public service announcements including signs on highways, registry of motor vehicle inserts and seasonal education such as warnings about leaving children in cars during the summer, school bus safety and camp bus safety.

(d) The task force shall, annually:

(1) review and revise the training curriculum; 

(2) make recommendations on: (A) accountability, (B) repercussions for failure to train or report, (C) revising the definition of child abuse and neglect to standardize the definition of child abuse and neglect among state agencies and to be consistent with the federal definition, and (D) possible legislation;

(3) require all mandated reporter employers to provide an orientation for all youth under 18 years of age who work with children.

(e) The task force shall make recommendations of how agencies will notify mandated reporters of changes in Massachusetts’ law between trainings and take into consideration suggestions for changes in the law.

(f) The task force shall file an initial 6-month report and an annual report with the house and senate clerks and the chairs of the joint committee on children, families and persons with disabilities.

SECTION 2.  Section 21 of chapter 119 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the definition “Mandated reporter” and inserting in place thereof the following definition:-

“Mandated reporter”, a person who is: (i) a physician, medical intern, hospital personnel engaged in the examination, care or treatment of persons, medical examiner, psychologist, emergency medical technician, dentist, nurse, chiropractor, podiatrist, optometrist, osteopath, allied mental health and human services professional licensed under section 165 of chapter 112, drug and alcoholism counselor, psychiatrist or clinical social worker; (ii) a public or private elementary or secondary school or institution of higher education employee of 18 years of age and over, teacher, educational administrator, guidance or family counselor, child care worker, a person who cares for or works, paid or unpaid of 18 years of age and over, with a child in any public or private facility, or home or program funded by the commonwealth or licensed under chapter 15D that provides child care or residential services to children or that provides the services of child care resource and referral agencies, voucher management agencies or family day care systems or child care food programs, licensor of the department of early education and care or school attendance officer;(iii) a probation officer, clerk-magistrate, assistant clerk, registrar, assistant registrar, parole officer, social worker, foster parent, firefighter, police officer; (iv) a priest, rabbi, clergy member, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, person performing official duties on behalf of a church or religious body that are recognized as the duties of a priest, rabbi, clergy, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, or person employed by a church or religious body to supervise, educate, coach, train or counsel a child on a regular basis; (v) in charge of a medical or other public or private institution, school or facility or that person's designated agent; (vi) the child advocate; (vii) a licensed health care professional; or (viii) an athletic coach, director or other person age 18 or older employed by or volunteering with private sports organizations, public or private day camps, youth centers, youth recreation programs, and other organized activities for children.

SECTION 3. Section 51A of said chapter 119, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

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 department in the manner required by this section; provided, that if such mandated reporter chooses to notify such person or designated agent in charge, that person or designated agent shall forthwith notify such mandated reporter that a report was filed and of any notice from the department pursuant to this section. The designated agent shall document that the report was properly done and filed and any such report and documentation shall be under the care and custody of a designated administrator for the institution, school or facility. The designated agent shall be able to show that a report has been filed on the same incident for the same reason if another mandated reporter subsequently asks them to file. No additional reports shall be required unless there is additional or new information about the incident.

SECTION 4. Section 51B of said chapter 119, as so appearing, is hereby amended by striking out subsection (k) and inserting in place thereof the following subsection:-

(k) a mandated reporter shall complete the training provided for in section 4A of chapter 18C. Additionally, a mandated reporter who holds a professional license shall complete the training provided for in said section 4A and shall provide, upon such person’s licensing authority’s request, a dated certification of completion of such training. For the purposes of this subsection the term “professional license” shall mean any license, permit, certificate, registration, charter, authority or any other form of permission required by law for the conduct of an activity or the carrying on of a trade, profession or business, including, but not limited to, any professional, trade, business, occupational or commercial operation with contact to a child under 18 years of age and the term “licensing authority” shall mean a board of education, department of public health, division of professional licensure, department, bureau, authority, division, board, commission thereunder, any unit or other entity of the commonwealth, any political subdivision, district or agency thereof, or any city or town of the commonwealth that issues a professional license.

A licensing authority shall require the holder of a professional license to provide proof that such person has completed the training prior to reissuing such license.

SECTION 5. Chapter 211B of the General Laws, as so appearing, is hereby amended by inserting after section 9B the following section:-

Section 9C. The chief justice of the trial court department shall provide training on the issue of child abuse and neglect in the commonwealth, at least once biannually, to all appropriate court personnel of the municipal, district, probate and family, juvenile and superior courts throughout the commonwealth, including but not limited to judges, clerks of court, probation officers, court officers, security officers and guardians ad litem; provided, that such training shall consist of the curriculum set forth in section 4A of chapter 18C.

SECTION 6. Notwithstanding any general or special law or rule or regulation to the contrary, all officials and employees of an agency, board, department, commission or division receiving or expending state monies for the provision of any service for a child under the age of 18 shall take affirmative steps to include in any agreement or contract: (1) a provision that includes the standards developed by the task force established in section 4A of chapter 18C of the General Laws; and (2) a provision that includes the penalties for the failure of a mandated reporter to comply with section 51A of chapter 119 of the General Laws.

SECTION 7. Notwithstanding any general or special law, or rule or regulation to the contrary, the office of the child advocate and the chairs of the joint committee on children, families and persons with disabilities shall jointly convene a working group annually to review the progress of the implementation of this act and determine if any legislative changes are needed, draft legislation and make recommendations.