Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 10:03

If, in the course of proceedings under G.L. c. 209A, court personnel or the judge has reasonable cause to believe that a child under the age of 18 has suffered harm or that there is a substantial risk of harm to the child's health or welfare, a report should be made to the Department of Children and Families (DCF) for an investigation under G.L. c. 119, § 51A. See Guideline 1:06 Minors as Plaintiffs in c. 209A Actions.

In addition, if a minor (person under the age of eighteen) defendant is ordered to vacate or stay away from their home, the parent or guardian retains the responsibility to provide a safe residence for the minor. The parent or guardian should be required to identify where the minor defendant will reside. If no appropriate placement is identified, the court may inform the minor defendant's parents of the availability of a Child Requiring Assistance (CRA) petition.SeeGuideline 10:05 Child Requiring Assistance (CRA) Actions. Absent an appropriate placement of the minor defendant, the judge should request, pursuant to G.L. c. 119, § 51A, that court personnel immediately file a report with the Department of Children and Families (DCF) and that the DCF respond to the court on an emergency basis to take custody of the minor.SeeGuideline 1:06A Minors as Defendants in c. 209A Actions.

Information may come to light in a c. 209A case that causes a reasonable belief that “a child is suffering from 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 [or] (ii) neglect, including malnutrition ․․․” G.L. c. 119, § 51A. In such an instance, the c. 209A case should continue, but, in addition, the information should be provided to the clerk or a probation officer to file a 51A report. In appropriate cases, a victim witness advocate may be asked to file the 51A report. While certain persons are designated as “mandated reporters,” anyone can file a 51A report where there is reasonable cause to believe a child is suffering from abuse or neglect.G.L. c. 119, § 51A(f). Persons in the court system who are required to make a report of such information, i.e., “mandated reporters,” are probation officers and clerk magistrates of a District Court or Boston Municipal Court.G.L. c. 119, § 21. Mandated reporters also include police officers, social workers, and parole officers.Id.

If a plaintiff requests that an abuse prevention order be terminated and the judge has reason to believe that terminating the order may cause a substantial risk of harm to a minor child's health or welfare, the judge should advise the plaintiff that a 51A report will be filed immediately.

Depending on the outcome of its investigation in response to a 51A report, the Department of Children and Families (DCF) may initiate a care and protection proceeding.