Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.08 - Release of 51A and 51B Forms

Current through Register 1525, July 5, 2024
(1) The
			 Department's release of 51A reports and 51B investigations is governed by
			 M.G.L. c. 119, § 51E. Copies of 51A reports and 51B investigations shall
			 be made available only if one of the following is obtained:
(a) The written consent of the child's
			 parent(s) ("parent" shall mean the child's mother, or the child's father as
			 "father" is defined by M.G.L. c. 209C, § 6) or guardians) or counsel.
			 Regardless of whether parental or guardian consent is obtained, the
			 Commissioner or his/her designee shall have the discretionary authority to
			 grant or deny the request in order to promote and protect the best interests of
			 the child.
(b) The written approval
			 of the Commissioner or his/her designee.
(c) An order of a court of competent
			 jurisdiction. A "court of competent jurisdiction" may include an out-of-state
			 (non-Massachusetts) court, or a military court, so long as that court has some
			 form of jurisdiction over the subject matter or the party(s).
All requests for 51A reports/5113 investigations should be in
				writing or by telephone, and should be directed to the Regional Director, as
				the Commissioner's designee. Letter requests (but not telephone requests) will
				be accepted if made by an attorney on behalf of his/her client, as long as the
				attorney's request letter specifically states that the attorney is authorized
				to act on behalf of the client and is accompanied by a release or authorization
				signed by the client. Upon receipt of a request for the release of 51A/51B
				reports, the Regional Director or his/her designee contacts the Area Office
				which is currently responsible for the particular case. The Regional Director,
				or his/her designee, requests from the Area Director of his/her designee, a
				copy of the 51A report and 51B investigation, together with a recommendation
				from the Area Director or his/her designee as to whether granting the request
				of the requesting party would be contrary to the child's best interests. The
				Area Director sends a copy of the 51A report and 51B investigation, together
				with his/her recommendation, to the Regional Director. Upon receipt of the 51A
				report, 51B investigation, and recommendation from the Area Director or his/her
				designee, the Regional Director or his/her designee decides whether to release
				all or portions of the information based upon an analysis of whether such
				release to the requesting party would be contrary to the child's best
				interests. Upon a decision to grant all or part of the request, the material
				will be made available to the requesting party from the Regional Office within
				30 calendar days of the initial request (or 45 calendar days if the requested
				material is voluminous). As to all persons other than an attorney who has
				complied with the above requirements of
				110 CMR
				12.00, if the requesting party:
(d) wishes to personally appear to obtain
			 his/her copies from the Regional Office, some positive form of identification
			 (photo drivers license, birth certificate, etc.) will be required; or
(e) wishes to have the material mailed some
			 positive form of identification (photocopy of photo drivers license, photocopy
			 of birth certificate) must be furnished in advance.