SENATE DOCKET, NO. 2171        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 82

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul R. Feeney

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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 authorizing the Commonwealth of Massachusetts to establish additional mandated reporters for the purpose of the protection and care of children.

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PETITION OF:

SENATE DOCKET, NO. 2171        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 82

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 104 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act authorizing the Commonwealth of Massachusetts to establish additional mandated reporters for the purpose of the protection and care of 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 21 of Chapter 119of the General Laws is hereby amended by striking out the definition of “Mandated reporter” and inserting in place thereof the following definition:-

"Mandated reporter'', a person 18 years old or older who is either a paid or unpaid employee, or a paid or unpaid volunteer, working in a profession or role listed herein, or any other person, paid or unpaid, contracted by any entity to perform the functions of a profession or role listed herein, if such person resides in the commonwealth or performs the functions of the profession or role listed herein for any person whose residence is in the commonwealth or who is physically in the commonwealth, including but not limited to any of the following professions or roles:

(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 school teacher, educational administrator, guidance or family counselor, child care worker, person paid to care for or work with a child in any public or private facility or organized setting including but not limited to athletic coaches and higher education personnel, 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 child 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 of a district court, parole officer, social worker, foster parent, firefighter, police officer or animal control 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) a recreational service provider, including but not limited to any personnel of a public, private, or religious organization providing recreational activities or services on a regular basis that are specifically designed for children and require direct supervision of children, including but not limited to day camps, summer camps, youth programs, sports organizations, and scouting groups, personnel of a public library; or (vii) the child advocate.

SECTION 2. Section 51A of Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (k) and inserting in place thereof the following subsection:             

(k) All persons considered mandated reporters under chapter 119 shall, within 180 days of their designation as a mandated reporter under this section, be required by the entity for which such person performs the functions or role listed herein, to participate in evidence-based training, approved by the Office of the Child Advocate, that specializes in the prevention of child sexual abuse, other forms of abuse, neglect, and mandated reporting. Such training, as approved by the Office of the Child Advocate, in consultation with the Attorney General of the Commonwealth, may be conducted in-person with a facilitator or online. Refresher training may be required by the entity for mandated reporters that have completed initial training.