Everyone Has a Role in Reporting Abuse
Reporting Abuse/Neglect
Learn more about what is reportable and the information needed to file a report.
Who Are Mandated Reporters?
Mandated reporters are persons who, as a result of their profession, are more likely to be aware of abuse or neglect of persons with disabilities. Mandated reporters are required by law to report cases of abuse or neglect to the Disabled Persons Protection Commission (DPPC) when they have reasonable cause to believe that a person with a disability is suffering from a reportable condition of abuse or neglect.
Mandated reporters include:
- Persons employed by a state agency within the Executive Office of Health and Human Services including but not limited to employees of the:
- Department of Developmental Services
- Department of Mental Health
- MassAbility
- Persons employed by a private agency providing services to persons with disabilities
- Physicians
- Medical interns
- Hospital personnel engaged in the examination, care or treatment of persons
- Medical examiners
- Dentists
- Psychologists
- Nurses
- Chiropractors
- Podiatrists
- Osteopaths
- Public or private school teachers
- Educational administrators
- Guidance or family counselors
- Day care workers
- Probation officers
- Animal control officers
- Social workers
- Foster parents
- Police officers
What is Reportable?
The Process for Mandated Reporters
Instances of suspected abuse or neglect and/or deaths of persons with disabilities must be reported immediately to the DPPC’s 24-hour Hotline at 1-800-426-9009. Deaf and Hard of Hearing callers, please use Video Relay Services (VRS) or MassRelay (711) to contact the DPPC Hotline. For non-emergencies, reporters can file an online abuse report.
Helpful Information When Reporting
The following information is helpful when filing a report of abuse or neglect. DPPC recognizes that it is not always possible to provide all the information and encourages you to call with whatever information you may have available to you.
Information about the alleged victim:
- Name
- Date of birth
- Address
- Phone number
- Specifics regarding the victim’s disability(ies) and care that is needed
- Information regarding the victim’s competency
- Name, address and telephone number of guardian if victim has a guardian
- Identify any state agency that is involved with the victim
- Current location of the victim
Information about the alleged abuser:
- Name
- Date of birth
- Address
- Phone number
- Type of care the abuser provides to the victim
- Whether the abuser still has access to the victim
Details of the incident:
- Date of occurrence
- Location where incident occurred
- Summary of incident
Risk assessment:
- Specifics regarding any injuries
- Details of any medical treatment that may have been provided
- Names of any individuals or agencies already notified
- Details of actions taken to protect the victim
- Information regarding whether abuser still has access to the victim
- Known firearms, drugs, or paraphernalia
- Location of the abuse
- Presence of animals
- Condition of the home
Additional information:
- Whether police were notified, and if so, jurisdiction and name of officer
- Whether victim has been taken for examination and whether evidence has been preserved
After a Report is Submitted
After a report is submitted, DPPC’s Intake team will review the report and determine if the report is within the jurisdiction of DPPC. If the report is assigned for investigation, the reporter will be contacted by the investigator. If the DPPC does not have jurisdiction to investigate, the report will be referred to the appropriate state agency for review.
Submitting Death Reports
Death Reports
In addition to reporting abuse, state law requires caregivers to notify the DPPC and local law enforcement of the death of any person with a disability under their care. The DPPC statute requires that any caregiver that is a state agency or an agency of any subdivision of the Commonwealth or a private agency contracting with the Commonwealth shall immediately orally notify the DPPC and local law enforcement of the death of any person with a disability under its care. A written report of such deaths must also be forwarded to DPPC and local law enforcement officials within 24 hours of the death. This information is assessed to determine whether the cause of death may be related to abuse, and if so, an investigation is conducted.
Mandated Reporter Frequently Asked Questions
What if I am not a mandated reporter- can I still report abuse and neglect?
Yes. You can and should report the suspected abuse and neglect of a person with a disability even if you are not a mandated reporter.
What are the consequences for failing to report abuse and/or neglect committed against persons with disabilities?
The failure to report crimes and incidents of suspected abuse and neglect committed against persons with disabilities can result in severe consequences for the alleged victim and other potential victims. Victims of abuse and neglect are at increased risk of further abuse if it goes unreported. The frequency and severity of abuse and neglect are likely to increase over time if no intervention is made. A failure to intervene by not reporting will likely result in other individuals being abused and neglected.
In Massachusetts, mandated reporters can be fined up to $1,000 for failure to report incidents of suspected abuse and neglect of children, older adults, and individuals with disabilities.
What protections exist for mandated reporters who report abuse?
Mandated reporters are immune from civil or criminal liability as a result of filing a report of abuse committed against a person with a disability. Non-mandated reporters are also protected provided the report was made in good faith; provided, however, that no person who abused a person with a disability shall be exempt from civil or criminal liability by reason of their reporting such abuse. If a mandated reporter is retaliated against by their employer for filing an alleged report of abuse, or by participating in a DPPC investigation, DPPC will conduct an investigation into the retaliation.
What if I am not certain that abuse or neglect has occurred? Should I still file a report?
If you are not certain that abuse or neglect has occurred, it is recommended that you file a report.
The standard for reporting suspected abuse or neglect in Massachusetts is reasonable cause to believe, which means that you need to have only a “mere suspicion” that abuse or neglect has occurred in order to report it.
Everyone is urged to err on the side of caution and immediately report all suspected cases of abuse or neglect to the DPPC and other agencies, as appropriate.
Do I still have to report if I am told that someone else has, or will, file the report?
Mandated reporting is an individual responsibility. Mandated reporters should not rely on others (e.g. supervisors, administrators) to file reports for them. It is the responsibility of each of the mandated reporters to ensure that such a report is actually made. A failure to report in such a situation will result in liability for all the mandated reporters who were aware of the abusive situation and did not report.
How do I protect the victim after filing a report?
There are steps that can be taken to minimize the risk of further abuse. Reporters should express any concerns regarding the alleged victim’s safety to the DPPC 24-hour Hotline at the time of filing a report of suspected abuse or neglect. For instance, if it is known by the reporter that there are weapons in the home, or that the alleged abuser currently has access to the alleged victim, this information should be communicated to the DPPC 24-hour Hotline so that the appropriate precautions can be taken. Investigators made aware of these issues can take precautionary steps, such as interviewing the alleged victim in a safe and familiar setting, like a day program, where the individual receives services and feels comfortable.
If I know the victim has been the subject of previous reports of abuse or neglect, do I need to file a new report if I become aware of similar, recent allegations?
Yes. All new incidents of abuse or neglect should be reported to the DPPC and appropriate authorities, even if there have been similar allegations in the past. Each incident is screened separately and referred for investigation, or other follow-up, as necessary.
Is there a Statute of Limitations for reporting cases of suspected abuse and neglect to DPPC?
Suspected abuse or neglect of persons with disabilities that occurred after March 1987, when Massachusetts General Law c. 19C was enacted, is reportable to the DPPC.
How are speakers of languages other than English handled when calling?
The Disabled Persons Protection Commission (DPPC) strives to make its services accessible for individuals who speak languages other than English. The DPPC offers multilingual staff and contracted translators as needed to help report and receive information.
