Massachusetts law defines abuse or neglect of a child under age 18 to include non-accidental acts by a caregiver causing or creating a substantial risk of physical or emotional injury (including sexual abuse), neglect (failure to provide minimally adequate food, clothing, shelter, medical care or supervision), physical dependence of a newborn on an addictive drug at birth, a sexually-exploited child, or a child who is a victim of human trafficking.

(Source: Mass.gov)

Clergy, ordained or licensed ministers, leaders of a church or religious body, and accredited Christian Science practitioners are included among those who must report suspected abuse or neglect. The law recognizes a clergy-penitent privilege such that communications made solely in a confidential confession need not be reported; however, when the clergy is acting in a role that makes them a mandated reporter otherwise, the duty to report applies.

(Source: Massachusetts General Laws c. 119, § 51A.)

In the state of Massachusetts mandatory reporters include:

• physicians, medical interns, hospital personnel engaged in the examination/care or treatment of persons, medical examiners, psychologist, emergency medical technicians, dentists, nurses, chiropractors, podiatrists, optometrists, osteopaths, allied mental health/human services professionals, drug/alcoholism counselor, psychiatrist/clinical social worker
• public/private school teachers, educational administrators, guidance/family counselors, childcare workers, persons paid to care for/work with a child in any public/private facility/home/program funded by the commonwealth that provides child care/residential services, etc., school attendance officers
• probation officers, clerk-magistrates of a district court, parlor officers, social workers, foster parents, firefighters, police officers/animal control officers
• priests, rabbis, clergy members, ordained/licensed ministers, leaders of any church or religious body, accredited Christian Science practitioners, persons performing official duties on behalf of a church/religious body that are recognized as the duties of a priest/rabbi/clergy/ordained or licensed minister of a religious body/accredited Christian Science practitioner, or persons employed by a church body to supervise/educate/coach/train/counsel a child on a regular basis
• persons in charge of a medical or other public/private institution/school/facility, or that person’s designated agent
• child advocates

In addition, any person with reasonable cause to believe that a child is suffering from or has died as the result of abuse or neglect may report.

A mandated reporter who willfully fails to report cases involving serious bodily injury or death may face fines up to $5,000 and/or imprisonment in the house of correction for up to 2½ years. Non‐professionally licensed persons may face fines up to $1,000 for failure to report. Mandated reporters who fail to report the death of a child as the result of abuse or neglect may be subject to a fine of up to $1000.

There are no exemptions for reporting when communication is privileged, except in the case of clergy who receive information only via privileged communications (confession).

Any mandated reporter who are professionally licensed by the commonwealth must complete training to recognize and report suspected child abuse or neglect.

(Source: Massachusetts General Law c. 119, § 51A, Massachusetts General Law c. 119, § 21)