2006 Massachusetts Code - Chapter 119 — Section 51E. Reports of injured children; files; confidentiality; penalties.

Section 51E. The department shall maintain a file of the written reports prepared pursuant to this section and sections fifty-one A to fifty-one D, inclusive. Such written reports shall be confidential. The child’s parent, guardian, or counsel, the reporting person or agency, the appropriate review board, or a social worker assigned to the case, may, upon request, and upon the approval of the commissioner, receive a copy of the written report of the initial investigation. No such report shall be made available to any persons other than those enumerated in this section without the written and informed consent of the child’s parent or guardian, the written approval of the commissioner, or an order of a court of competent jurisdiction.

The name and all other identifying information relating to any child, or to his parents or guardian, shall be removed from said reports one year after the department determines that the allegation of serious physical or emotional injury resulting from abuse or neglect cannot be substantiated, or, if said allegations are substantiated, when the child reaches the age of eighteen, or one year after the date of termination of services to the child or his family, whichever date occurs last.

Any person who permits any information in the files to be released to persons or agencies other than those specified in this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two and one half years, or both.