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IN THE MATTER OF A GRAND JURY INVESTIGATION

437 Mass. 340 (2002)

IN THE MATTER OF A GRAND JURY INVESTIGATION.

Supreme Judicial Court of Massachusetts, Middlesex.

July 23, 2002.

Attorney(s) appearing for the Case

Richard W. Renehan (Ellen C. Meyer with him) for the school.

Loretta M. Smith, Assistant District Attorney (Katharine B. Folger, Esther M. Bixler, & Afton M. Templin, Assistant District Attorneys, with her) for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

A grand jury are investigating whether a private school failed to comply with its mandatory duty under G. L. c. 119, § 51A, to report possible child abuse to the Department of Social Services (department).1 The case turns on whether the school violated § 51A by failing to report to the department allegations of the abuse of children who, when the school became aware of the alleged abuse, were under eighteen years...

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