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Community Corner

College Sports Cases Are Reminder Of Massachusetts Law

Certain individuals are required to report child abuse allegations to DSS.

The and Syracuse University scandals, involving former assistant coaches suspected of child sexual abuse, involve allegations of the most horrific kind.

According to the alleged victims, the assistant coaches used their power and influence over young boys to gain their trust and friendship. Later, in private, the victims claim, the coaches took advantage of them in ways too awful to recount here.

The big issue, as far as the sports media is concerned, is not so much whether these assistant coaches did what they are alleged to have done, but rather whether others – the school administrators and the head coaches – violated the law by not taking action to stop and/or report the alleged abuse if and when they became aware of the allegations. 

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Some people, for example, are calling for now former Penn State football coach Joe Paterno to be prosecuted for not contacting law enforcement after being told, at minimum, that "something inappropriate" had occurred in the Penn State football locker room.

Here in Massachusetts, there is a law requiring that certain individuals report allegations of child abuse to the Department of Social Services

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The law applies to persons who, in their professional capacity, have reasonable cause to believe that a child is suffering physical or emotional injury resulting from: (i) abuse inflicted upon him which causes harm or substantial risk of harm to the child’s health or welfare, including sexual abuse; (ii) neglect, including malnutrition; or (iii) physical dependence upon an addictive drug at birth.  

Here is the statute: http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter119/Section51A

The law applies to the following persons, who are considered "mandated reporters": medical professionals such as physicians, hospital personnel and mental health professionals;  public or private school teachers, school administrators and youth counselors; probation officers, social workers, foster parents, firefighters and police officers; priests, rabbis and other clergy members and so-called “child advocates.” 

For a complete list of mandated reporters see: http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter119/Section21

If you are a person engaged in one of the above professions, you would be well advised to become very familiar with these laws. 

If you are not sure whether your occupation deems you a "mandated reporter," read the statute carefully and if necessary, seek legal counsel. 

If you hear or suspect something, the law gives you only 48 hours to file a written report, and the penalty for failing to report suspected abuse includes fines and possible imprisonment.  

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