Section 12.08 - Release of 51A and 51B Forms(1) The Department's release of 51A reports and 51B investigations is governed by M.G.L. c. 119, § 51E. Copies of 51A reports and 51B investigations shall be made available only if one of the following is obtained: (a) The written consent of the child's parent(s) ("parent" shall mean the child's mother, or the child's father as "father" is defined by M.G.L. c. 209C, § 6) or guardians) or counsel. Regardless of whether parental or guardian consent is obtained, the Commissioner or his/her designee shall have the discretionary authority to grant or deny the request in order to promote and protect the best interests of the child.(b) The written approval of the Commissioner or his/her designee.(c) An order of a court of competent jurisdiction. A "court of competent jurisdiction" may include an out-of-state (non-Massachusetts) court, or a military court, so long as that court has some form of jurisdiction over the subject matter or the party(s). All requests for 51A reports/5113 investigations should be in writing or by telephone, and should be directed to the Regional Director, as the Commissioner's designee. Letter requests (but not telephone requests) will be accepted if made by an attorney on behalf of his/her client, as long as the attorney's request letter specifically states that the attorney is authorized to act on behalf of the client and is accompanied by a release or authorization signed by the client. Upon receipt of a request for the release of 51A/51B reports, the Regional Director or his/her designee contacts the Area Office which is currently responsible for the particular case. The Regional Director, or his/her designee, requests from the Area Director of his/her designee, a copy of the 51A report and 51B investigation, together with a recommendation from the Area Director or his/her designee as to whether granting the request of the requesting party would be contrary to the child's best interests. The Area Director sends a copy of the 51A report and 51B investigation, together with his/her recommendation, to the Regional Director. Upon receipt of the 51A report, 51B investigation, and recommendation from the Area Director or his/her designee, the Regional Director or his/her designee decides whether to release all or portions of the information based upon an analysis of whether such release to the requesting party would be contrary to the child's best interests. Upon a decision to grant all or part of the request, the material will be made available to the requesting party from the Regional Office within 30 calendar days of the initial request (or 45 calendar days if the requested material is voluminous). As to all persons other than an attorney who has complied with the above requirements of 110 CMR 12.00, if the requesting party:
(d) wishes to personally appear to obtain his/her copies from the Regional Office, some positive form of identification (photo drivers license, birth certificate, etc.) will be required; or(e) wishes to have the material mailed some positive form of identification (photocopy of photo drivers license, photocopy of birth certificate) must be furnished in advance.(2) A request may be granted by the Regional Director as the Commissioner's designee, but only when, in the opinion of the Regional Director, granting the request would not be contrary to the best interests of the child. The Regional Director shall send written notice of any denial to the requesting party stating the reasons for denying the request. No fair hearing or grievance shall be available concerning such a denial by the Regional Director, but an aggrieved party may exercise any other rights or remedies available at law.(3) A request may be allowed in part and denied in part by the Regional Director as the Commissioner's designee, but in such cases the Regional Director shall so inform the requesting party and shall inform said party of the type of information withheld. Information which may be withheld, where appropriate, includes such material as attorney-client communications, other privileged material, portions which would be contrary to the best interests of the child if released, etc. No fair hearing or grievance shall be available concerning such a denial by the Regional Director, but an aggrieved party may exercise any other rights or remedies available at law.(4) A non-custodial parent (i.e., divorced, adjudicated unfit, etc.) shall have the same right of access to said 51A and 51B reports as does the custodial parent, and is equally subject to the limitations of 110 CMR 12.08(2) and (3). For purposes of 110 CMR 12.08, the request of one parent or guardian (not both parents nor both guardians) shall be sufficient to cause the Department to release to that individual a copy of the 5IA report and 51B investigation, subject to the other limitations of 110 CMR 12.08.(5) Whenever the Department releases any copy of a 51A report or 51B investigation, the name of (and any other reasonably identifying data concerning) the reporter shall be redacted. Other information may be redacted as set forth in 110 CMR 12.08(3) (i.e. attorney-client communications, privileged material, material contrary to the best interests of the child, etc.). However, this provision shall not apply to release of a 51A report or 5113 investigation to a District Attorney, which shall not be redacted.(6) See also 110 CMR 10.14, Regarding release of 51A/51B reports to alleged perpetrators for purposes of fair hearing.