The Department's 51B Response: Viewing the Subject Child

(1) The Department commences a 51B response to all screened in reports (emergency and non- emergency) pursuant to M.G.L. c. 119, § 51B. Through the 51B response, the Department gathers information to determine: (a) the existence, nature, extent and cause or causes of the alleged abuse or neglect and other conditions affecting the safety and well-being of the child(ren); (b) the identity of the person or persons alleged to be responsible therefor, if possible, and whether to list the person as an "alleged perpetrator" in the Department's Central Registry; (c) the name, ages and condition of all other children in the same household; and (d) the Department's intervention, if any, to safeguard the child(ren)'s safety and well-being. (2) For all screened in reports, the Department shall view the child(ren) who is the subject of the report in the child(ren)'s home, except in situations identified in 110 CMR 4.27(2)(c). (a) During the emergency response, the Department shall visit the child(ren) who is the subject of the report a minimum of once within two to four hours of receipt of the report and shall visit all other children in the home within 24 hours of receipt of the report. (b) Where a report is designated for a non-emergency response, the Department shall visit all children and the home within three business days of receipt of the report. (c) For all Department 51B responses, the Department's child visit should occur in the home. However, in the certain situations the Department employee assigned to conduct the response (the "response worker") and the supervisor may decide another location is more appropriate, particularly where the child is hospitalized, the injury or incident occurred outside the home, or the child would be placed at greater risk if interviewed in the home. The response worker and supervisor may waive the visit to the child(ren)'s home in appropriate circumstances, including where the abuse alleged occurred outside the child(ren)'s home, such as a childcare facility and the child(ren) is viewed at the childcare facility. (d) The Department procedures where an individual or family refuses to permit the Department to view a child(ren) are set forth in 110 CMR 4.27(5). (3) The Department shall, consider the reported child(ren)'s and family's linguistic capacity and cultural needs to perform a fair and comprehensive response. 4.28: continued (4) The response worker shall view the child(ren) who is the subject of a report in a manner that takes into account and respects the child(ren)'s age, sex, and other circumstances, particularly with respect to removal of the child's clothing which may be necessary to view injuries. At the time of the first contact with parent(s) or caregiver(s), the response worker shall deliver to the individual(s) a written statement of rights, in a standardized form established by the Department. The statement of rights shall include: (a) Notice that the Department received a 51A report alleging abuse or neglect of the child(ren); (b) The subject matter and possible effects of the report and the Department's 51B response; and (c) Notice that any information provided to the Department may be used in subsequent court hearings. Where an individual or family prevents the response worker from viewing the child(ren) who is the subject of a report or from determining the name, age, or condition of other children in the same household the response worker shall proceed as follows: (a) If the response worker has reason to believe the child(ren) is in immediate danger of serious physical harm resulting from abuse or neglect, the response worker shall seek the aid of the local police in entering the home or otherwise viewing the child. (b) If the response worker does not have reason to believe the child(ren) is in immediate danger of serious physical harm resulting from abuse or neglect, the response worker shall immediately inform their supervisor of the lack of access. (c) Where the Department is denied access to view the subject child(ren) in the home, the Department may choose to waive a home visit if the Department is able to view the child(ren) in another location. (d) If the response worker is ultimately unable to view the child(ren), the supervisor shall make the response Decision based on the supervisor's evaluation of the report and any collateral information.