JL Ch. 3 Mandatory Reporting

Question 1

Mandatory Reporting:

Children under 18:

What must be reported?

Answer 1

1. Abuse
   -Physical
   -Sexual
   -Emotional
2. Neglect by person with Permanent or Temporary Custody

Question 2

Mandatory Reporting:

Disabled- (Mentally and/or Physically) Age 18 to 60:

What must be reported?

Answer 2

1. Abuse
   -Physical
   -Sexual
   -Emotional
2. Neglect by a Caretaker

Question 3

Mandatory Reporting:

Elders
Age 60 and over:

What must be reported?(4)

Answer 3

1. Abuse
   -Physical
   -Sexual
   -Emotional
2. Neglect by a Caretaker; or
3. Self Neglect by Elder
4. Financial Exploitation

Question 4

Mandatory Reporting:

Nursing Home: Patient or resident of any age in nursing home, rest home, or receiving home health or Hospice:

What must be reported?

Answer 4

1. Patient Abuse or Mistreatment
   -Physical (includes overmedication)
   -Sexual
   -emotional
2. Neglect
3. Financial Exploitation

Question 5

Mandatory Reporting:

Children under 18:

Who receives report?

Answer 5

DCF

Department of Children & Families

Question 6

Mandatory Reporting:

Disabled- (Mentally and/or Physically) Age 18 to 60:

Who receives report?

Answer 6

DPPC

Disabled Persons Protection Commission

Question 7

Mandatory Reporting:

Elders
Age 60 and over:

Who receives report?

Answer 7

EOEA

Elder Protective Services

Question 8

Mandatory Reporting:

Nursing Home: Patient or resident of any age in nursing home, rest home, or receiving home health or Hospice:

Who receives report?

Answer 8

DPH

Department of Public Health

Question 9

Basically (blank) involves an act or omission (the failure to act) which results in nontrivial physical injury or significant emotional injury. 110 CMR 2.00 defines physical injury as “soft tissue swelling or bruising. It is a deliberately low standard designed to encourage mandated officials to report. Look for unexplained injuries and/or extreme withdrawal on the part of the victim.

This is the Mandatory Reporting definition of:

Answer 9

Abuse

Note: a sexually exploited child in prostitution or human trafficking is being “abused”.

Question 10

Does “verbal sexual contact” constitute abuse, even if the victim is not touched?

Answer 10

Yes.

Ex. Defendant had several sexually explicit and highly inappropriate conversations with his 15 year old daughter. DCf properly included him in its registry for substantiated reports. “Sexually oriented communications constitute abuse.. if they are not reasonably intended to provide information for the child’s education and well- being.”

Question 11

Sexually oriented communications constitute abuse, if they are not:

Answer 11

reasonably intended to provide information for the child’s education and well being.

Question 12

(Blank) is the failure or refusal of a caretaker to provide the elder, disabled person, or patient with one or more basic necessities, including appropriate supervision and medical treatment.

Answer 12

Neglect.

**The same standard applies to children, except that a caretaker is more broadly defined to include anyone in a permanant or temporary supervisory role (ex parent, guardian, babysitter, camp counselor, bus driver).

Question 13

Do the same reporting rules apply for children, disabled persons, elders, and nursing home patients?

Answer 13

Yes.

Officers must make:

• An immediate oral report to the appropriate agency; and

-A follow up written report within 48 (Forty Eight) hours

Recommendation- send the police report.

Question 14

Same reporting rule applies for children, disabled persons, elders, and nursing home patients: Officers must make:

Answer 14

• An immediate oral report to the appropriate agency; and

-A follow up written report within 48 (Forty Eight) hours

Recommendation- send the police report.

Question 15

Same reporting rule applies for children, disabled persons, elders, and nursing home patients:

How long do officers have to make a follow up written report?

Answer 15

48 fucking hours

Question 16

What standard of evidence do officers need to report abuse, neglect, or financial exploitation happened or is happening?

Answer 16

Reasonable cause to believe.

Under this broad standard, a simple, yet concrete hunch of belief triggers the mandatory reporting obligation.

Question 17

If a child or other person requests the return of a child who is the subject of a 51A report, a ospital or “any other physician” may call the presiding judge of the local juvenile court. The judge may authorize “by any means of communication (thus, a phone order is permissible), that the hospital or attending physician:

Answer 17

hold the child pending a determination of DCF custody.

Question 18

Reporting laws explicitly exempt mandated reporters from the coverage of an confidentiality rules. The bottom line for police officers:

Answer 18

They are. completely authorized to send and discuss any and all information with DCF, DPPC, or EOEA.

Question 19

Do mandatory reporting requirements override psychotherapist-patient privilege?

Answer 19

Yes.

ex psychologist acted appropriately in filing a report in response to the defendant’s disclosure during therapy that he had sexually abused three young girls; those statements were used by prosecutors.

Question 20

Failure to report: If the reporter knew that abuse resulted in serious bodily injury or death:

Strongest action:

Answer 20

Complaint

but jail time possible

Question 21

Frivolous Report:

An individual who makes a frivolous report of child abuse or neglect may be prosecuted.

Strongest action:

Answer 21

Complaint.

2nd offense= possible jail time

Question 22

In an emergency, DCF must begin a preliminary investigation within (blank) hours of the oral report and complete it within 24 hours.

Answer 22

2 hours.

Question 23

Emergency Investigation:
In an emergency, DCF must begin a preliminary investigation within 2 hours of the oral report and complete it within (blank).

If DCF has reasonable cause to believe that the child is in immediate danger, DCF must take the child “into immediate temporary custody”

Answer 23

24 hours.

Question 24

Regular Investigation: DCF must begin a nonemergency investigation within (blank):

Answer 24

2 business days.

Question 25

Regular Investigation: DCF must begin a nonemergency investigation within 2 business days, and complete it within (blank) unless a waiver is approved by the DCF area director or requested by police.

Answer 25

15 business days.

Question 26

Notifications:

DCF must notify any mandated reporter within (blank) days of receiving their report. DCF must also send its report (known as a 51B report) to the District Attorney and the police department(s) where the victim resides AND where abuse took place.

Answer 26

30 days.

Question 27

Notifications:

DCF must notify any mandated reporter within 30 days of receiving their report. DCF must also send its report (known as a 51B report) to: the District Attorney and the police department(s) where the victim resides AND where abuse took place.

Answer 27

The District Attorney, and the police department(s) where the victim resides AND where abuse took place.

Question 28

Registry:

DCF must file the alleged perpetrator’s name in their central registry. However, the perpetrator may request an administrative hearing to review DCF’s decision, which will only be reversed if:

Answer 28

there is no “reasonable basis” to support it.

ex. fact that defendant was aquitted of abusing his teenage stepdaughter did not meant that DCF lacked reasonable cause that he had done it.

Question 29

Mandated reporters, who are on the staff of a public or private organization, may fulfill their reporting obligation by:

Answer 29

notifying the person in charge or a designated agent.

Mandated reporters may also notify police in addition to DCF.

aka notifying police does not nullify their own requirement to report to DCF

Question 30

May neglect occur without injury?

Answer 30

Yes.

*If children are to be protected, it makes not sense for DCF to wait until neglect escalates to injury. When it does cause injury, however, it can happen suddenly. For example, a toddler left unsupervised to cross a street may emerge totally unscathed, but may also be run over and killed.

Question 31

Adele Lindsey owned a day care center. As part of her services, Lindsay transported seven children in her station wagon. Her procedure was to pull up in front of the center and beep her horn. An aide would run out and bring the children inside.

One day in June around 9AM, the aide who had retrieved the children failed to notice three year old Adrianna, who was buckled into a rear seat. Around 10:30am, a teacher heard a child crying outside. She discovered Adrianna and brought her inside. Her clothes were wet with sweat, but she suffered no other ill effects. This happened to Adrianna again one month later.

Was this enough to conclude “neglect” under 51A?

Answer 31

Yes.

Lindsay argued that only an injury constitutes neglect under 51A. The SJC disagreed. If children are to be protected, it makes no sense for DCF to wait until neglect escalates to injury. The type of neglect in this case- lack of adequate supervision- may result in no injury. When it does cause injury, however, it can happen suddenly. For example, a toddler left unsupervised to cross a street may emerge totally unscathed, but may also be run over and killed.

Question 32

Does neglect require inadequate supervision of a particular child?

Answer 32

Yes.

Ex. not letting a 16 year old child into the home was a reasonable way for the mother to uphold her own legal duty of ensuring her daughter attended school. There was no neglect absent any evidence that the child was placed in danger, suffered from physical harm, or became”truly terrified” because she was excluded from the apartment.

Question 33

Is bullying covered under 51A?

Answer 33

No.

Use the bullying law instead.

Question 34

Bullying is not covered under 51A. Why?

Answer 34

because the abusers are usually not caretakers.

Question 35

A school’s or organization’s written policies pertaining to child abuse and inappropriate sexual relations are admissible as (blank) during trial, if they were created and distributed before the incident resulting in the defendant’s prosecution.

Answer 35

business records.

Question 36

May a mandated reporter testify to a child’s out-of-court statements even if that child does not testify?

Answer 36

Yes.

ex. When child’s preschool teacher asked him about bruises around his eye, he said his mother’s boyfriend did it. His teacher was allowed to testify to the boy’s statement, even though the boy never took the witness stand because he was deemed incompetent.

If obtained during a law enforcement investigation, this kind of hearsay rule violates the Sixth Amendment’s confrontation clause- which entitles defendants to cross examine their police interviewed accusers.

However, the high court rules that the teacher was not engaged in a law enforcement mission to gather evidence just because she had a legal duty to report instances of child abuse that came to her attention. The court upheld her testimony in which she repeated the boy’s version of the assault.

Question 37

what does the Sixth Amendment’s Confrontation Clause do?

Answer 37

entitles defendant’s to cross examine their police-interviewed accusers.

Question 38

Limits on DCF interview of alleged perpetrator: (3)

Answer 38

1. Must acknowledge potential for legal consequences when asked
2. Must provide “DCF Miranda” to a parent or caretaker
3. Must not interview a perpetrator about a pending criminal case.

Question 39

Who does “DCF Miranda” apply to?

Answer 39

a parent or caretaker.

Question 40

Thomas Birch, a DCF investigator, received a report that Alan Carp sexually abused his ten year old daughter and her friend. Following a SAIN interview, an officer and Birch agreed that Birch should approach Carp at his house because he would get more information than the officer

When Birch arrived, he told Carp that he was conducting a “social services interview”. Carp asked if he should have an attorney present. Birch responded that he could, but “it was not really necessary”. Carp incriminated himself. Birch reported Carp’s statements to police.

Valid or invalid?

Answer 40

Invalid.

DCF must acknowledge potential for legal consequences when asked.

Because Birch, “ lulled the defendant into a false sense of security regarding the nature and purpose of the interview”, he engaged in a type of mental coercion. While factual deception about the state of the evidence does not usually invalidate a confession, deception about the legal consequences of an interview will.

Question 41

DCF investigators are required to deliver “at the time of first contact with parents or caretakers…written notice that a 51A report has been made, the nature of the possible effects of the investigation, and that information given could.. be used in subsequent court hearings.”

In Comm V Morais, a DCF social worker investigated a report alleging that Morais had sexually assaulted his cousin. Morais agreed to meet with the social worker at her office. She did not explain to him that she was required to tell the District Attorney and police about any admissions he might back. Morais incriminated himself in response to her description of the allegations.

Morais later argued that he was entitled to the cautionary warning mandated by law.

Was this a valid argument?

Answer 41

No.

DCF only requires a warning for a parent or caretaker. Morais was the victim’s cousin, not her caretaker, so no warning was required.

Question 42

Richard Howard raped his 14 year old niece in his truck. He threatened to kill her if she told. A few months later, the victim found out she was pregnant and reported the rape. Brenda, a DCF investigator, and Walter, a state trooper, met to interview the victim. After the interview, Walter told Brenda not to contact Howard until further notice.

Even so, Brenda went to the court house and interviewed Howard after he was arraigned for rape. He made several damning comments, the asked for a lawyer. Brenda stopper her questioning.

Valid or invalid? And why?

Answer 42

Invalid

DCF must not interview a perpetrator about a pending criminal case…BECAUSE, as government officials, this violates the suspects Article 12 rights.