Mandatory Reporting to the District Attorney

(1) The Department shall immediately notify the District Attorney and local law enforcement when evidence during the screening process the 51B response, indicates that there is reasonable cause to believe that one of the conditions listed in M.G.L. c. 119, § 51B(k) or below has occurred as a result of abuse or neglect. (a) A child has died; (b) A child has suffered brain damage, loss or substantial impairment of a bodily function or organ, or substantial disfigurement; (c) A child has been sexually assaulted, which includes crimes under M.G.L. c. 265, §§ 13B, 13B.5, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B and M.G.L. c. 272, § 35A. (d) A child has been sexually exploited, which includes crimes under M.G.L. c. 272, §§ 4A, 4B and 29A or is a victim of human trafficking; (e) A child has suffered serious physical abuse or sexual abuse or an injury that includes, but is not limited to: 1. A fracture of any bone, severe burn, impairment of any organ, or any other serious injury; 2. An injury requiring the child to be placed on life support systems; 3. Any other disclosure of physical abuse involving physical evidence which may be destroyed; 4. Any current disclosure by the child of sexual assault; or 5. The presence of physical evidence of sexual assault. (2) The Department shall notify the District Attorney and local law enforcement for the county where the child resides, and for the county where the offense occurred, within five business days of the Department's 51B supported response, finding that there is reasonable cause to believe that one or more of the conditions listed in M.G.L. c. 119, § 51B(k) or 110 CMR 4.51(1) occurred as a result of child abuse or neglect. (3) For all mandatory referrals, the Department shall provide the District Attorney and local law enforcement with copies of the 51A reports and the completed 51B responses, as soon as available. (4) Mandatory Reporting in Non-caregiver Circumstances. If the Department screens out or the alleged perpetrator did not meet the definition of caregiver, but the 51A report alleges one or more of the categories under M.G.L. c. 119, § 51B(k), or in 110 CMR 4.51(1), the Area Director or designee shall, no later than five business days after its determination, notify the District Attorney, and local law enforcement authorities for the county where the child resides and for the county where the offense occurred, by providing copies of the completed 51A report and the completed 51B response, if applicable. 4:52: Discretionary Reporting to the District Attorney The Department may refer other 51A reports or Information to the District Attorney and local law enforcement, if such matters involve serious criminal conduct that may impact the safety and well-being of children including, but not limited, to cases of abuse or neglect resulting in conditions other than those listed 110 CMR 4.51(3), or pose a serious threat to public safety generally. (2) Discretionary referrals must be approved by the Area Director or the SIU Director, and may be made at any point in the Department's involvement with a family as soon as the Department becomes aware of information warranting referral.