Section 85. (a) During any investigation or evaluation reported under section 51A, any employee of the department or person employed pursuant to a contract with the department, when acting in his professional capacity or within the scope of his or her employment, who has knowledge of or observes an animal whom he knows or reasonably suspects has been the victim of animal cruelty, abuse or neglect, may report the known or suspected animal cruelty, abuse or neglect to a police officer or a special state police officer appointed pursuant to section 57 of chapter 22C.
(b) The report may be made within 2 working days of receiving the information concerning the animal, by facsimile transmission or a written report or by telephone. In cases where an immediate response may be necessary in order to protect the health and safety of the animal, the report should be made by telephone as soon as possible.
(c) When 2 or more employees of the department are present and jointly have knowledge of known or reasonably suspected animal cruelty, abuse or neglect, and where there is agreement among them, a report may be made by 1 person by mutual agreement. Any reporter who has knowledge that the person designated to report has failed to do so may thereafter make the report.
(d) No person making such report shall be liable in any civil or criminal action by reason of such report if it was made in good faith. Any privilege established by sections 135A and 135B of chapter 112 or by section 20B of chapter 233, relating to confidential communications, shall not prohibit the filing of a report pursuant to this section.
(e) Nothing in this section shall impose a duty on the department to investigate known or reasonably suspected animal cruelty, abuse or neglect.
(f) Nothing in this section shall prevent the department, area office or subdivision from entering into an agreement, contract or memorandum of understanding with the entities that investigate reports of animal cruelty, abuse or neglect as described in section 57 of chapter 22C, to require such reports or to engage in training in identification and reporting of animal abuse, cruelty and neglect.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 119 - Protection and Care of Children, and Proceedings Against Them
Section 1 - Declaration of Policy; Purpose
Section 21 - Definitions Applicable to Secs. 21 to 51h
Section 21a - Admissibility of Evidence; Qualified Experts
Section 23a - Children Born to Inmates of Correctional Institutions or Jails; Care and Custody
Section 23b - Services to Unwed Mothers
Section 25 - Hearing; Custody of Child
Section 26b - Grandparent Visitation; Sibling Visitation; Appeal of Decision to Deny Visitation
Section 26c - Summary of Foster Care Providers' Employment
Section 27 - Appeals; Procedure; Notice of Right of Appeal; Time Limits
Section 28 - Orders for Payment of Support; Who May Bring Action; Expiration of Order or Judgment
Section 29 - Right to Counsel; Notice of Right; Court Appointed Counsel
Section 29a - Legal Fees of Minors in Criminal Proceedings; Liability of Parents
Section 29c - Judicial Certification of Need to Remove Child From Home
Section 29d - Notice of Hearing
Section 33 - Placement of Children in Family Home Care
Section 33c - Congregate Care Program; Reasonable and Prudent Parent Standard
Section 34 - Transportation of Children in Patrol Wagons
Section 37 - Rules and Regulations of Department
Section 38 - Closed Hearings; Publication of Names
Section 39 - Abandonment of Infant Under Age of Ten
Section 391/2 - Placement of a Newborn Into Foster Care
Section 39g - Hearing; Determination of Child Requiring Assistance
Section 39i - Children in Need of Services; Appeal; Rights and Procedures
Section 39k - Child Welfare Service Needs of Sexually Exploited Children
Section 51c - Custody of Injured Child Pending Transfer to Department or Pending Hearing
Section 51d - Powers and Duties of Area Directors; Multi-Disciplinary Service Teams
Section 51e - Reports of Injured Children; Files; Confidentiality; Penalties
Section 51f - Central Registry of Information; Confidentiality; Penalties
Section 51g - Severability of Secs. 51a to 51f
Section 51h - Protective Alerts; Transport of Child to Another State or Country
Section 52 - Delinquent Children; Definitions
Section 53 - Delinquent Children; Liberal Construction; Nature of Proceedings
Section 54 - Delinquent Children; Complaint; Indictment; Examination of Complainant
Section 55 - Delinquent Children; Summoning of Parent or Guardian
Section 55b - Delinquent Children; Plea; Disposition Request; Pretrial Motions
Section 56 - Delinquent Children; Adjournments; Jury Sessions; Appointment of Stenographer
Section 57 - Delinquent Children; Investigation by Probation Officer; Record of Performance; Reports
Section 58 - Adjudication as Delinquent Child or Youthful Offender
Section 59 - Delinquent Children; Violation of Terms of Probation
Section 60a - Inspection of Records in Youthful Offender and Delinquency Cases
Section 62 - Delinquent Children; Restitution or Reparation by Child to Injured Person
Section 63 - Inducing or Abetting Delinquency of Child
Section 64 - Delinquent Children; Powers of Commissioner of Probation; Annual Report
Section 65 - Juvenile Sessions; Presence of Minors; Exclusion of Public
Section 68 - Commitment of Children Held for Examination or Trial
Section 68a - Diagnostic Study by Department of Youth Services; Report and Recommendations
Section 68b - Special Foster Homes; Detention Homes; Alternate Placements of Child
Section 68c - Diagnostic Services by Department of Youth Services
Section 69 - Information and Reports of Superintendents of Schools and Teachers
Section 69a - Information of Probation Officers, Police and School Authorities
Section 70 - Summoning of Parent or Guardian During Case
Section 71 - Failure to Appear on Summons; Capias
Section 72 - Continuance of Jurisdiction of Courts in Juvenile Sessions
Section 72a - Proceedings Upon Apprehension After Nineteenth Birthday
Section 72b - Persons Between the Ages of Fourteen and Eighteen Convicted of Murder; Penalties
Section 74 - Limitations on Criminal Proceedings Against Children
Section 84 - Warrant of Commitment to Department of Youth Services
Section 86 - Use of Restraints During Court Proceedings
Section 88 - Participation in Community-Based Restorative Justice Program