110 Mass. Reg. 4.24

Current through Register 1523, June 7, 2024
Section 4.24 - Screening Decision - Emergency Response, Non-emergency Response or Screen Out Report

The Department shall immediately screen a 51A report to determine if the report reflects an emergency situation requiring an emergency 51B response.

(1)Emergency 51B Response. An emergency response is required when the Department determines the failure to take immediate action would pose a substantial risk of death, serious emotional or physical injury, or sexual abuse of a child(ren).
(2)Non-emergency Response. A non-emergency response occurs when the Department determines a child(ren) may have been abused and/or neglected or may be at risk of being abused and/or neglected by a caregiver or a child(ren) has been or may be at risk of sexual exploitation and/or human trafficking, and the situation as reported does not pose a substantial risk of death, serious emotional or physical injury, or sexual abuse to a child(ren).
(3)Screen Out Report. Where the Department determines the report does not meet the Department's criteria of suspected abuse or neglect and a response is not required, the Department may close the report, referred to as "screening out" the report. A report may be screened out if it meets any of the following criteria:
(a) The report does not involve a child(ren);
(b) The report involves a child(ren), but the allegations are not within the Department's mandate concerning abuse or neglect of children;
(c) The alleged perpetrator is not a caregiver, unless the report involves allegation of sexual exploitation or human trafficking. The Department may not screen out a report on the sole basis that no alleged perpetrator is identified or that the alleged perpetrator is unknown.
(d) The incident or condition reported by the reporter is so outdated that there are no children who might be currently at risk for abuse or neglect; or
(e) The report is demonstrably unreliable.
(4)Invalid Allegation. Based on the information obtained during the screening process, the Department may determine that the report is frivolous or may make an absolute determination that abuse or neglect of a child(ren) has not taken place. In such instances, the Department documents the reason for the invalid allegation determination in the electronic case report.

110 CMR 4.24

Amended by Mass Register Issue 1486, eff. 1/6/2023.