Confidentiality

The confidentiality requirements of 110 CMR 12.00: Records apply to the Fair Hearing process including the hearing, record, and decision(s). If the subject of the Fair Hearing involves a report and investigation of abuse or neglect that was sent to a licensing agency, the Department of Elementary and Secondary Education (ESE) and/or the OCA under M.G.L. c. 119, § 51B(1), the Department shall forward a copy of any Fair Hearing decision that reverses the 51B decision or reverses the listing of a person's name on the registry of alleged perpetrator's to such agency, ESE and/or the OCA. If such agency, ESE or the OCA requests a copy of any other Fair Hearing decision that involves a report previously sent to the agency, ESE or the OCA the Department may release the Fair Hearing decision to the agency, ESE or the OCA. If the subject of the Fair Hearing involves a report and investigation of abuse or neglect that was sent to a District Attorney’s office pursuant to M.G.L. c. 119, § 51B, then upon request, the Director of the Fair Hearing Unit or designee may inform such District Attorney of the outcome of the Fair Hearing and may provide the District Attorney with a copy of the written decision.