Legal Question in Family Law in Massachusetts
51A Complaint
I am a infant/toddler teacher at a daycare center. I have been there 11 years. One of the children in my class has been bitten twice on her face within two months. The parents have filed a 51A complaint against me for neglecting to watch the child. I absolutely was watching the children. These children are all under the age of two. It takes a split second for a child to bite. If I had not acted immediately then the bite would have been more severe. So I am out of work until this is resolved. My question is it legal for the person investigating to call all the parents from the children in my classroom to see if they have any concerns about me as their child's teacher. Shouldn't this be treated as confidential. Now all these parents that I see on daily basis know of the sitiuation. They all backed me 100% and told the investigator that I am a wonderful teacher. I do get along very well with all my parents and the children in my class. I would never let harm come to any of them. Also what is the chances of me loosing my job over this. My boss is behind me also 100%. Thank you for any info on this matter.
Susan
2 Answers from Attorneys
Re: 51A Complaint
It is not only legal, it is essential protocol. One instance of neglect often brings out other instances of neglect in cases where there is a pattern. Parents sometimes fail to report things that should be reported. For example, if the child doing the biting was the same in both cases, this indicates a pattern in which the biter should in some way be more closely monitored for the safety of the other children. Failing to do so could indicate neglect of the other children. Thus, were it to turn out that this child had bitten all of the other kids at one point or another, and the teacher had failed to deal with it in any way, neglect would be a fair finding.
No, I am NOT saying that this is the case here -- your stated facts don't say any such thing. However, it is what DCF is looking for -- a pattern. If there is no pattern, you probably have nothing to worry about (and, if all the other parents give glowing reports, you will be at least somewhat vindicated).
Re: 51A Complaint
Dealing with DCF is no easy matter. You need to have an attorney go over the details of the allegations, and assist you and the facility with the investigation.
If you need such assistance, contact me.
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