reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 10.00 - Research › Section 10.10 - Complaint

Current through Register 1525, July 5, 2024
(1) Any person may
			 file a complaint with the chairperson of the Research Review Committee about a
			 research project approved by the Committee.
(2) Upon receipt of a complaint, the
			 chairperson of the Committee shall notify promptly the investigator(s) of the
			 research that a complaint has been filed. The chairperson also shall conduct a
			 preliminary investigation and refer the complaint to the Committee for further
			 review and action if he or she determines that such referral is
			 warranted.
(3) The Committee, as
			 part of its investigation of a complaint, shall provide the complainant and the
			 investigator(s) of the research the opportunity to present relevant information
			 to the Committee. Within 30 days of receiving the complaint, the Committee
			 shall take such action as it determines appropriate, including, but not limited
			 to:
(a) termination of the research
			 project;
(b) imposition of
			 additional conditions on the research;
(c) temporary suspension of the research
			 pending further investigation or other action; or
(d) dismissal of the complaint;
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 10.00 - Research › Section 10.11 - Funding for Research

Current through Register 1525, July 5, 2024
(1) A research
			 project which provides for compensation of any participant may not be approved
			 unless :
(a) the compensation is received
			 from or passes through an organization which has agreed that all its fiscal
			 records pertaining to such research shall be subject to audit by the Department
			 at any time; or
(b) the
			 compensation is received from the Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 10.00 - Research › Section 10.12 - Sanctions

Current through Register 1525, July 5, 2024
In the event of violation of the human rights of participants,
				or in the event that the research is not being conducted in accordance with
				applicable statutes, regulations or the requirements of the Committee, the
				Commissioner may impose appropriate sanctions. These may include the immediate
				suspension or termination of the research project and taking or seeking
				disciplinary action against project personnel.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 115 CMR 12.00 is to establish standardized
				policy and procedures for the Department of Developmental Services (DDS) to
				conduct fingerprint-based checks of the state and national criminal history
				databases for all current and prospective employees of DDS and DDS-contracted
				vendor programs licensed, approved, or funded by the Department, or any other
				individual required by M.G.L. c. 19B, §§ 19 and 20 to undergo such
				fingerprint-based checks of the state and national criminal history
				databases.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.02 - Policy

Current through Register 1525, July 5, 2024
In order to ensure that employees or other persons regularly on
				the premises of or providing services or supports, including transportation
				services, in any facility or program licensed, certified, funded, or approved
				by DDS who have the potential for unsupervised contact with persons with an
				intellectual or developmental disability are appropriate for serving in their
				respective capacities, a fingerprint-based check of the state and national
				criminal history databases shall be performed. It is the policy of DDS that an
				individual's background, including any Criminal Offender Record Information
				(CORI), the results of fingerprint-based checks of the state and national
				criminal history databases, and any other relevant information, be carefully
				considered so that the vulnerable populations served by DDS are
				protected.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.03 - Scope

Current through Register 1525, July 5, 2024
115 CMR 12.00 applies to all applicants seeking a license for a
				facility offering DDS clients residential, day, or any other service licensed
				or funded by DDS; any household member or person 15 years of age or older
				regularly on the premises of such applicants for licensure; all current and
				prospective employees in any DDS licensed, contracted, funded, or approved
				program who have the potential for unsupervised contact with Department
				clients; any individual who provides transportation services on behalf of any
				DDS licensed, funded, or approved program; any person providing residential or
				support services in any DDS or contracted vendor program with the potential for
				unsupervised contact with Department clients; any household member or person 15
				years of age or older regularly on the premises of such programs; and any other
				individual required by M.G.L. c. 19B, §§ 19 and 20 to undergo a
				fingerprint-based check of the state and national criminal history
				databases.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.05 - Fingerprint-based Check of the State and National Criminal History

Current through Register 1525, July 5, 2024
(1) In accordance
			 with M.G.L. c. 19B, §§ 19 and 20, the following persons shall be
			 required to undergo a fingerprint-based check of the state and national
			 criminal history databases to determine suitability for initial or continued
			 employment, licensure, certification, funding or approval:
(a) All applicants for licensure,
			 certification or approval, for any facility or program offering residential or
			 day services to a person with intellectual disability or any other applicant
			 licensed or regulated by the Department under M.G.L. c. 19B, § 15 whose
			 applications are submitted on or after January 1, 2016.
Fingerprint-based checks shall also be required for any
				household member or other person(s) 15 years of age or older regularly on the
				premises of such applicants for residential care licensure.
(b) All prospective employees in any
			 Department or vendor licensed, funded, or approved program who have the
			 potential for unsupervised contact hired to begin employment on or after
			 January 1, 2016.
(c) All person(s)
			 providing residential or support services who have the potential for
			 unsupervised contact in any Department or vendor program, whose application was
			 submitted or who was hired to begin employment on or after January 1, 2016.
Fingerprint-based checks shall also be required for any
				household member or other person(s) 15 years of age or older regularly on the
				premises of such residential facilities.
(d) Current employees in any Department or
			 vendor licensed, funded, or approved program who have the potential for
			 unsupervised contact hired prior to January 1, 2016, shall submit fingerprints
			 for state and national criminal history checks no later than January 1,
			 2019.
(e) Programs, agencies, or
			 persons currently licensed, certified or approved by the Department, licensed
			 or regulated by M.G.L. c. 19B, § 15 whose current license or approval was
			 issued prior to January 1, 2016, shall comply with the requirement 115 CMR
			 12.00 upon renewal of licensure, certification, approval or funding, on or
			 before January 1, 2019.
Fingerprint-based checks shall also be required for any
				household member or other person(s) 15 years of age or older regularly on the
				premises of such currently licensed, certified or approved residential care
				providers.
(f)
			 Notwithstanding anything in 115 CMR 12.00, a fingerprint-based check of the
			 state and national criminal history databases may be required for any person
			 determined in the Department's discretion to be subject to such check in
			 accordance with M.G.L. c. 19B, §§ 19 and 20.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.07 - DDS Background Record Check Investigations

Current through Register 1525, July 5, 2024
(1) After a candidate has been CORI cleared,
			 as applicable, the hiring authority shall forward the completed DDS Criminal
			 Background Check Request Form or electronic equivalent to the CBCU.
(2) The CBCU shall review the results of
			 fingerprint-based checks it receives and notify the hiring authority whether a
			 candidate has been determined suitable or unsuitable for employment, licensure,
			 funding or approval. The report or findings of the fingerprint-based checks
			 shall not be disclosed to the hiring authority.
(3) In reviewing the results of a
			 fingerprint-based background check, the CBCU may, at its expense, consult other
			 available information to verify or confirm the results of a fingerprint-based
			 background check.
(4) If the
			 results of an employee's or candidate's fingerprint-based check disclose a
			 disqualifying conviction(s), pending matter(s), or warrant(s), the CBCU shall
			 notify the hiring authority who shall immediately remove the employee or
			 candidate from any position that entails the potential for unsupervised contact
			 until such time as a final suitability determination is made.
(5) Notwithstanding anything in 115 CMR
			 12.00, fingerprint-based checks shall be conducted on the following individuals
			 prior to new or continued employment:
(a)
			 Candidates for whom the hiring authority or the CBCU has reason to believe have
			 had criminal charges filed against him/her since the most recent
			 fingerprint-based check; and
(b)
			 Candidates who have had a break or separation (not a termination) of one year
			 or more from working in their DDS licensed, approved and/or funded employment,
			 or any other candidate who has had a break or separation of one year or more in
			 their status of having to undergo fingerprint-based checks in accordance with
			 M.G.L. c. 19B, §§ 19 and 20.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.08 - Findings from Fingerprint-Based Checks - No Further Review - Outstanding Warrants

Current through Register 1525, July 5, 2024
(1) If the
			 fingerprint-based check reveals a conviction of an offense from any
			 jurisdiction the same or similar to a
			 101 CMR 15.15:
Tables of Offenses: Table B
crime that is a felony more than
			 ten years old, or the same or similar to a
			 101 CMR 15.15:
Tables of Offenses: Table B
crime that is a misdemeanor more
			 than five years old, and there are no subsequent convictions or pending cases
			 of any kind, the CBCU will not consider such crime. For the purposes of
			 computing the five and ten-year time periods, the time period will run from the
			 date any court supervision, probation, or sentence was terminated.
(2) If the fingerprint-based check reveals a
			 finding of "no record," the CBCU shall notify the hiring authority of the
			 candidate's suitability determination. The hiring authority may then confirm
			 employment or hiring of the candidate, or may proceed with the application for
			 licensing, funding, or approval. The hiring authority shall maintain DDS's
			 determination in a secure file separate from the candidate's personnel file, as
			 applicable.
(3) If the
			 fingerprint-based check of the state and national criminal history databases
			 reveals an outstanding warrant for any offense, the CBCU will notify the
			 candidate that he or she is not suitable for employment, licensure, funding or
			 approval unless the warrant is removed.
(4) The CBCU shall notify the hiring
			 authority whether a candidate has been approved as suitable or unsuitable for
			 employment, licensing, funding, or approval. The report or the findings of the
			 fingerprint-based checks shall not be disclosed to the hiring
			 authority.
(5) All reports of
			 findings of fingerprint-based checks of the state and national criminal history
			 databases, including those with a finding of "no record," shall be filed in a
			 secure location.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.09 - Findings from Fingerprint-based Checks - Crimes Subject to Review

Current through Register 1525, July 5, 2024
(1) Before any
			 determination is made regarding a candidate's suitability for employment,
			 licensing, funding, or approval on the basis of a fingerprint-based check of
			 the state and national criminal history databases, the Department shall:
(a) provide the candidate with a copy of the
			 report with the findings of the fingerprint-based check, DDS's National
			 Criminal Background Check regulations, and the DCJIS's information concerning
			 the process for correcting a criminal record;
(b) inform the candidate of the potential for
			 an adverse decision based on the findings of the fingerprint-based
			 check;
(c) inform the candidate
			 what part of the criminal record appears to make him or her unsuitable for
			 employment, licensing, funding, or approval;
(d) provide the candidate with an opportunity
			 to submit additional information relevant to the review of his/her criminal
			 history;
(e) provide the candidate
			 with an opportunity to dispute the accuracy and relevancy of the
			 fingerprint-based check; and
(e)
			 upon receipt of any additional documentation, review the information with the
			 candidate and inform him or her of the decision.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.10 - Conditional Employees

Current through Register 1525, July 5, 2024
(1)
			 Notwithstanding 115 CMR 12.00, Department-licensed, funded or approved programs
			 and transportation providers on behalf of such programs may conditionally hire
			 a candidate prior to obtaining the results of a fingerprint-based check
			 provided:
(a) The hiring authority has
			 complied with
			 101 CMR 15.00:
Criminal Offender Record Checks
and the candidate has been
			 CORI-cleared;
(b) The candidate has
			 been scheduled for fingerprinting and the results of the fingerprint-based
			 check are pending; and
(c) The
			 hiring is necessary to ensure the immediate provision of necessary services to
			 DDS client(s).
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.11 - Post Audit and Compliance Review

Current through Register 1525, July 5, 2024
(1) The
			 Department may conduct periodic reviews of a hiring authority's documentation
			 of compliance with 115 CMR 12.00.
(2) If such review or other relevant
			 information obtained by the Department raises concerns about the hiring
			 authority's compliance, the Department may require the hiring authority submit
			 any such documentation demonstrating its compliance with 115 CMR
			 12.00.
(3) In the event of
			 noncompliance by a hiring authority with any provision(s) of 115 CMR 12.00, the
			 Department may terminate a hiring authority's contract or revoke its license,
			 funding, or approval, or take such other action(s) it determines
			 appropriate.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.12 - Dissemination

Current through Register 1525, July 5, 2024
The results of fingerprint-based checks of the state and
				national criminal history databases from DCJIS shall be treated according to
				EOHHS's regulations regarding criminal offender record information,
				101 CMR 15.00:
Criminal Offender Record Checks
and M.G.L. c. 6, §§
				167 through 178. The report or findings of fingerprint-based checks may be
				disseminated only to Department personnel certified by DCJIS to receive such
				information, to the candidate, or to other person(s) legally authorized to
				receive such information. The Department will maintain a listing of personnel
				so certified by DCJIS. Dissemination of the results of fingerprint-based
				checks, except as authorized by M.G.L. c. 6, §§ 168 through 178 and
				115 CMR 12.00, and DCJIS policies is prohibited.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.13 - Incidents

Current through Register 1525, July 5, 2024
If the CBCU receives notice that an individual with a positive
				fingerprint-based state or national criminal history has harmed a client, the
				CBCU shall notify the General Counsel's Office. Notification shall include
				documentation of the CBCU's suitability determination.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.14 - Severability

Current through Register 1525, July 5, 2024
If any provisions of 115 CMR 12.00, or the applications of such
				provisions to any person or circumstance are held invalid or unconstitutional,
				the other provisions of said 115 CMR 12.00, or the application of such
				provisions to any person or circumstance other than that as to which it is held
				invalid or unconstitutional, shall not be affected thereby.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.15 - Tables of Offenses

Current through Register 1525, July 5, 2024
The CBCU shall utilize the Tables of Offenses at
				101 CMR 15.15:
Tables of Offenses
for the purposes of evaluating offenses
				subject to review under 115 CMR 12.00. The offenses included in
				101 CMR 15.15:
Tables of Offenses
are to be construed as including similar
				violations of the law of Massachusetts, another state, the United States, or a
				military, territorial, or Native American tribal authority. To the extent an
				offense is determined to be similar to the violation of the law of
				Massachusetts, the offense will be considered as if it were on the same table
				as the offense set forth at
				101 CMR 15.15:
Tables of Offenses
.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 13.00 - Incident Reporting › Section 13.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
The purpose of 115 CMR 13.00 is to establish the incident
				reporting requirements that apply to all offices of the Department, all
				providers, and all programs and services operated, licensed or contracted or
				otherwise funded by the Department.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 13.00 - Incident Reporting › Section 13.02 - Reportable Incidents

Current through Register 1525, July 5, 2024
(1) A
			 reportable incident is any event or occurrence in the life of an individual
			 that must be reported to the Department. The categories of incidents that are
			 subject to the reporting requirements of 115 CMR 13.00 include, but are not
			 limited to, the following:
(a) unanticipated
			 or suspicious death;
(b)
			 inappropriate sexual behavior;
(c)
			 significant behavioral incident;
(d) unexpected hospital visit;
(e) fire;
(f) suspected mistreatment;
(g) theft;
(i) missing person;
(j) criminal activity;
(k) transportation accident;
(l) emergency relocation;
(m) suicide attempt;
(n) property damage;
(o) victim of physical altercation;
			 and
(p) medical/psychiatric
			 intervention not requiring a hospital visit.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 13.00 - Incident Reporting › Section 13.03 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1)
			 Providers shall report to the Department:
(a)
			 any reportable incident involving an individual for whom the provider was
			 responsible for providing care and/or supervision at the time of the
			 incident;
(b) any reportable
			 incident that occurs in the provider's program which is licensed or certified
			 by the Department and involves an individual whose services are not funded by
			 the Department, or who are not eligible for DDS services;
(c) any reportable incident involving a child
			 or the primary caregiver of a child participating in the Children's Autism Home
			 and Community Based Waiver Program;
(d) any reportable incident designated by the
			 Department as requiring a major level of review that occurs while an
			 individuals younger than 18 years old is receiving a service funded by the
			 Department;
(e) any incident
			 involving a fatality, near fatality, or serious bodily injury of a child
			 receiving services from the Department. A fatality includes deaths resulting
			 from automobile accidents, abusive head trauma, gunshot wounds and drug
			 overdose. Serious bodily injury means bodily injury involving a substantial
			 risk of death, extreme physical pain, protracted and obvious disfigurement or
			 protracted loss or impairment of the function of a bodily member, organ or
			 mental faculty;
(f) any reportable
			 incident that is brought to the provider's attention that involves an
			 individual who, at the time of the incident, was under the care and/or
			 supervision of a person who is not an employee, volunteer or subcontractor of
			 the provider, as soon as the provider learns of the incident.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 13.00 - Incident Reporting › Section 13.04 - Notice and Reporting

Current through Register 1525, July 5, 2024
(1) Incidents
			 shall be designated as requiring either a minor or major level of review in
			 accordance with the incident management guidelines issued by the
			 Department.
(2) Providers shall
			 give verbal notification to the Area Office of a reportable incident requiring
			 a major level of review as soon as the incident is discovered.
(3) Providers shall submit an Initial
			 Incident Report to the Department and a Final Incident Report in the form and
			 manner directed by the Department and within the timelines specified by the
			 Department.
(4) An incident is
			 closed when the provider and Regional or Area Office approve the Final Incident
			 Report.
(5) An individual's
			 guardian(s) shall receive verbal notification that an incident requiring a
			 major level review involving the individual occurred as soon as reasonably
			 practicable after the incident is discovered. Notification of incidents
			 requiring a minor level review shall be made to the guardian(s) in accordance
			 with the preferences expressed by the guardian(s) documented in the individual
			 record. Guardians may request written notification regarding any incident, and
			 shall have access to any Incident Report when finalized.
(6) For incidents initially designated as
			 requiring a major level of review, providers shall complete and submit a paper
			 or electronic Incident Report to the Department within one business day. For
			 incidents initially designated as requiring a minor level of review, providers
			 shall complete and submit a paper or electronic Incident Report to the
			 Department within three business days. Providers shall report incidents
			 requiring a major level or minor level of review to the Department in paper or
			 electronically in accordance with 115 CMR 13.00 or as otherwise set forth in
			 the Department's incident management guidelines.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 13.00 - Incident Reporting › Section 13.05 - Content of Incident Report

Current through Register 1525, July 5, 2024
(1) The Initial
			 Incident Report shall include, but not be limited to, the following:
(a) the individual involved;
(b) provider(s) involved;
(c) date, time, and location of the incident,
			 if known;
(d) the incident
			 category;
(e) description of the
			 incident;
(f) immediate action
			 taken to protect health, safety and welfare;
(g) people involved in the incident including
			 any eyewitnesses to the incident.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 13.00 - Incident Reporting › Section 13.06 - Additional Reporting Responsibilities

Current through Register 1525, July 5, 2024
(1) Nothing in 115 CMR 13.00 shall relieve
			 any person from their responsibility as a mandated reporter under federal or
			 state law.
(2) When a mandated
			 reporter, including a Department or provider employee, has reasonable cause to
			 believe that an individual has been abused, neglected or exposed to a serious
			 risk of harm, whether by act or omission including non-consensual sexual
			 activity, or any matter within the scope of
			 115
			 CMR 9.05:
Scope of Responsibilities
			 of the Department's Investigations Division
, he or she, in addition to
			 filing an incident report, shall:
(a) report
			 the matter to the Disabled Persons Protection Commission (DPPC).
(b) refer the matter to the provider's human
			 rights committee when the incident affects the rights and dignity of an
			 individual who is 18 years of age or older.
(c) notify the Office of the Child Advocate
			 when the incident involves a fatality, near fatality, or serious bodily injury
			 of an individual younger than 18 years old.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 1.00 - Scope And Authority › Section 1.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
Scope
.
(a) 118 CMR
			 applies to all cases of abuse and retaliation reported to, investigated by or
			 on the behalf of the Disabled Persons Protection Commission and remediated as a
			 result of such investigations pursuant to M.G.L. c. 19C and 118 CMR.
(b) 118 CMR does not provide for an
			 adjudicatory hearing within the meaning of M.G.L.c. 30A, § 1(1), except as
			 provided for in
			 118 CMR
			 5.04(4). 118 CMR is not
			 intended to constitute an administrative remedy under the doctrine of
			 exhaustion of administrative remedies or otherwise, except in cases appealed to
			 the Division of Administrative Law Appeals pursuant to M.G.L. c. 19C, §
			 15, and
			 118 CMR
			 14.03:
Entry of Care Provider's Name
			 on the Registry
or 118 CMR 14.04:
Removal of Care Provider's
			 Name from the Registry: Petitions for Removal
.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 1.00 - Scope And Authority › Section 1.02 - Commentaries

Current through Register 1525, July 5, 2024
Commentaries may be used throughout 118 CMR to clarify certain
				issues, concepts, or problems, as well as to give specific examples of typical
				situations that may arise under 118 CMR. These commentaries are intended to be
				illustrative only, and do not apply to fact situations different from those
				specifically described in 118 CMR.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 1.00 - Scope And Authority › Section 1.03 - Construction

Current through Register 1525, July 5, 2024
(1) In interpreting
			 118 CMR, words and phrases shall be construed according to common and approved
			 usage; provided, however, that technical words and phrases and such others as
			 may have acquired a special and appropriate meaning in law shall be construed
			 and understood according to such meaning.
(2) The generally accepted rules of
			 construction shall be observed in 118 CMR, unless their observance requires a
			 construction inconsistent with the manifest intent of M.G.L. c. 19C or is
			 repugnant to its context.
(3) The
			 time frames for performing acts required by M.G.L. c. 19C, and 118 CMR shall be
			 determined as follows: a time requirement which refers to "business days" shall
			 refer to Mondays through Fridays, excluding legal holidays; a time requirement
			 which refers to "calendar days", shall refer to all the days of the week within
			 the time frame, provided that if the final day of the time frame regarding
			 either "business days" or "calendar days" is a Saturday or Sunday or a legal
			 holiday, the time requirement shall be extended to the next regular business
			 day. References to "days" shall refer to calendar days, unless otherwise
			 specifically indicated.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 1.00 - Scope And Authority › Section 1.04 - Severability

Current through Register 1525, July 5, 2024
If any regulation, section, sub-section, division, subdivision,
				sentence, clause, phrase, word, or portion of 118 CMR is found to be invalid by
				a court of competent jurisdiction for any reason, said portion shall be deemed
				a separate, distinct, and independent provision, and the validity of the
				remainder of 118 CMR shall be unaffected.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 2.00 - Definitions › Section 2.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
118
				CMR 2.00 provides definitions for terms frequently
				used in M.G.L. c. 19C and 118 CMR. The terms are based on M.G.L. c. 19C and
				Disabled Persons Protection Commission usage common to the implementation of
				the Commission's duties and obligations. The terms used in 118 CMR have the
				meanings ascribed in M.G.L. c. 19C, unless otherwise specified in
				118 CMR
				2.00, elsewhere in 118 CMR, or unless the context
				otherwise requires. In any event no term shall be given a meaning that is
				either inconsistent with the manifest intent of M.G.L. c. 19C or repugnant to
				its context.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 3.00 - Reporters › Section 3.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
118 CMR
				3.00 establishes the requirements for reporting abuse
				and/or death of persons with disabilities to the Commission, the penalties for
				not reporting and the protections afforded to reporters and participants in
				investigations conducted pursuant to M.G.L. c. 19C.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 3.00 - Reporters › Section 3.02 - Contents of Reports of Abuse

Current through Register 1525, July 5, 2024
Each oral and written report of abuse and/or death of a person
				with a disability made to the Commission shall contain information as deemed
				appropriate and relevant by the Commission.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 3.00 - Reporters › Section 3.03 - Mandated Reporters

Current through Register 1525, July 5, 2024
(1) A mandated
			 reporter as defined by M.G.L. c. 19C, § 1 shall immediately make to the
			 Commission's Hotline an oral report of suspected abuse when the mandated
			 reporter has reasonable cause to believe that a reportable condition
			 exists.
(2) A mandated reporter is
			 required to report suspected abuse without regard to professional privileges
			 established by statute, code of ethics or court decision. However, no mandate
			 to report exists after a person with a disability invokes a privilege
			 established by law or professional code and thereby requests that a report not
			 be made. The invocation of such a privilege by a person with a disability shall
			 convert a mandated reporter to a non-mandated reporter.
(3) In addition to making an oral report to
			 the Commission's Hotline, a mandated reporter shall also send to the Commission
			 a written report regarding the existence of a reportable condition as
			 prescribed by M.G.L. c. 19C, § 10.
(4) In all events in which the allegation
			 being reported is a death which the mandated reporter has reasonable cause to
			 believe was the result of a reportable condition, the mandated reporter shall
			 file a written report with the Commission, the District Attorney for the county
			 in which the death occurred, and the Office of the Chief Medical
			 Examiner.
(5) If an investigator
			 designated by the Commission has reasonable cause to believe that a person with
			 a disability has died as a result of abuse, the investigator shall immediately
			 report said death to the Commission, the Attorney General, the District
			 Attorney for the county in which such death occurred, and the Office of the
			 Chief Medical Examiner.
(6) It is
			 the personal responsibility of each mandated reporter to ensure that he or she
			 makes a report to the Commission when he or she has reasonable cause to believe
			 that a reportable condition exists based upon the facts known to him or her.
			 However, when more than one mandated reporter is aware of the same situation of
			 suspected abuse, one mandated reporter may report on behalf of all the mandated
			 reporters by making a report which contains the names of all the mandated
			 reporters. If such a report by multiple reporters is received by the
			 Commission, that single report shall satisfy the reporting requirement for all
			 the named mandated reporters. It shall be the responsibility of each of the
			 mandated reporters to ensure that such a report is actually made on his or her
			 behalf in order to satisfy his or her responsibility to report pursuant to
			 M.G.L. c. 19C, § 10.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 3.00 - Reporters › Section 3.04 - Non-mandated Reporters

Current through Register 1525, July 5, 2024
Any person, who is not a mandated reporter and has reasonable
				cause to believe that a reportable condition may exist, may make a report to
				the Commission pursuant to the requirements contained in 118 CMR. Said reporter
				shall be referred to in 118 CMR as a "non-mandated reporter".
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 3.00 - Reporters › Section 3.05 - Reports Involving Deaths of Individuals with Disabilities Whose Caretaker Was a State Agency, an Agency of Any Subdivision of the Commonwealth or a Private Entity Contracting with or Licensed by the Commonwealth

Current through Register 1525, July 5, 2024
(1) Upon the death of a person with a
			 disability whose caretaker was a state agency, an agency of any subdivision of
			 the Commonwealth or a private entity contracting with or licensed by an agency
			 of the Commonwealth, even if there is no suspicion that the death is the result
			 of abuse, the caretaker agency is required to immediately provide an oral
			 report of said death to the Commission's Hotline, and to local law enforcement
			 officials and to provide within 24 hours a written report to the Commission and
			 to local law enforcement officials.
(2) Each oral and written report of a death
			 made to the Commission shall contain information as deemed appropriate and
			 relevant by the Commission.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 3.00 - Reporters › Section 3.06 - Reporter Immunity

Current through Register 1525, July 5, 2024
(1) A mandated
			 reporter shall not be liable in any civil or criminal action by reason of
			 having made a report under M.G.L. c. 19C; provided, however, that if said
			 report is a false report, the protections provided by M.G.L. c. 19C,
			 §§ 10 and 11 shall not be available to the mandated
			 reporter.
(2) A non-mandated
			 reporter shall not be liable in any civil or criminal action by reason of
			 having made a report under M.G.L. c. 19C; provided, however, that if said
			 report is a false report, the protections provided by M.G.L. c. 19C,
			 §§ 10 and 11 shall not be available to the non-mandated
			 reporter.
(3) In no event shall a
			 person who abuses a person with a disability be exempt from civil or criminal
			 liability for such abuse by reason of his or her reporting such
			 abuse.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 3.00 - Reporters › Section 3.07 - Penalties for Failure of a Mandated Reporter to Report

Current through Register 1525, July 5, 2024
(1) Upon completion of an investigation and
			 determination by the Commission that:
(a) a
			 mandated reporter has failed to report either a reportable condition or a death
			 when required; and
(b) the person
			 with a disability has not knowingly invoked a privilege in accordance with
			 M.G.L. c. 19C, § 10.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 3.00 - Reporters › Section 3.08 - Penalties for Retaliation against Reporters

Current through Register 1525, July 5, 2024
(1) Any person who is discharged, disciplined
			 or in any manner discriminated against for filing a report with or providing
			 information to the Commission or to any agency conducting an investigation
			 under M.G.L. c. 19C shall have the right to have the Commission review and, at
			 its discretion, further investigate an allegation of retaliation.
(2) Upon the completion of an investigation
			 and a determination by a preponderance of the evidence by the Commission that
			 the alleged retaliation occurred as a result of the complainant's filing a
			 report with or providing information during an investigation conducted pursuant
			 to M.G.L. c. 19C, the Commission, at its discretion, may:
(a) request from the Attorney General
			 appointment of Commission's counsel as a Special Assistant Attorney General to
			 prosecute such cases, and if so appointed, file an application for a complaint
			 at the state District Court for the judicial district in which the alleged
			 violation of M.G.L. c. 19C, § 11 occurred; or
(b) refer the matter for prosecution to the
			 Attorney General, or the District Attorney for the county where the alleged
			 violation occurred. If the Commission reports a case to the Attorney General or
			 to a District Attorney, consistent with the provisions of M.G.L. c. 19C, §
			 3, a copy of the Commission's investigation report and all relevant information
			 in the possession of the Commission shall be sent to the Attorney General or to
			 the appropriate District Attorney.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 4.00 - Screening Of Reports And Referrals To Other Agencies › Section 4.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
118 CMR 4.00 establishes the
				procedures and requirements to be followed to determine the nature of the
				reports received by the Commission and the processing of those reports based
				upon that determination.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 4.00 - Screening Of Reports And Referrals To Other Agencies › Section 4.02 - Screening

Current through Register 1525, July 5, 2024
(1) Immediately upon
			 its receipt, a report of abuse of a person with a disability shall be evaluated
			 to determine:
(a) whether the Commission has
			 jurisdiction over the complaint;
(b) the urgency of the complaint;
			 and
(c) the appropriate action to
			 be taken by the Commission.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 4.00 - Screening Of Reports And Referrals To Other Agencies › Section 4.03 - Determination of Jurisdiction

Current through Register 1525, July 5, 2024
(1) Based upon
			 the information contained in any report received and any additional information
			 otherwise obtained by the Commission, the Commission shall determine whether it
			 has jurisdiction over the matter reported.
(2) A jurisdictional determination shall be
			 based upon the following factors:
(a) Whether
			 the alleged victim is a person with a disability as defined by M.G.L. c. 19C,
			 and 118 CMR.
(b) Whether the
			 alleged abuser is a caretaker, as defined by M.G.L. c. 19C, and 118 CMR, of the
			 alleged victim.
(c) Whether it
			 appears the acts or omissions of the alleged victim's caretaker have resulted
			 in the alleged victim suffering serious physical injury or serious emotional
			 injury, or both, or because of the nature of the caretaker's act or omission it
			 is reasonable to conclude that abuse
per se
may have
			 occurred.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 4.00 - Screening Of Reports And Referrals To Other Agencies › Section 4.04 - Determination of Urgency

Current through Register 1525, July 5, 2024
(1) The Commission
			 shall determine the urgency of all reports it receives based upon the
			 information which the Commission deems appropriate to collect in all such
			 cases. The urgency of these reports shall be classified:
(a) Emergency; or
(b) Nonemergency.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 4.00 - Screening Of Reports And Referrals To Other Agencies › Section 4.05 - Referral to Other Agencies

Current through Register 1525, July 5, 2024
(1)
Reports regarding Elders, Children, or Patients/Residents of
			 Certain Long-term Care Facilities
.
(a) Upon receipt of a report alleging abuse
			 of an elderly person (defined as an individual who is 60 years of age or
			 older), the Commission shall immediately refer such report to the Executive
			 Office of Elder Affairs for appropriate action pursuant to M.G.L. c.
			 19A.
(b) Upon receipt of a report
			 alleging abuse of a child (defined as an individual who is younger than 18
			 years old), the Commission shall immediately refer such report to the
			 Department of Children and Families for appropriate action pursuant to M.G.L.
			 c. 119.
(c) Upon receipt of a
			 report alleging abuse of a patient or resident of a long-term care facility as
			 defined in M.G.L. c. 111, § 71, and
			 118 CMR 2.02:
Meaning of Terms
, the Commission shall immediately refer such
			 report to the Department of Public Health for appropriate action pursuant to
			 M.G.L. c. 111.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 4.00 - Screening Of Reports And Referrals To Other Agencies › Section 4.06 - Reports Involving Deaths of Individuals with Disabilities

Current through Register 1525, July 5, 2024
(1)
Reports Involving Deaths of
			 Individuals with Disabilities as the Result of Abuse
. Upon receipt
			 of a report of death as the result of abuse, the Commission shall process and
			 assign said report for investigation in conformance with the provisions of
			 118 CMR 4.00.
(2)
Reports Involving Deaths of
			 Individuals with Disabilities Whose Caretaker Was a State Agency, an Agency of
			 Any Subdivision of the Commonwealth or a Private Agency Contracting with or
			 Licensed by the Commonwealth
. Upon receipt of a report involving
			 the death of an individual with a disability whose caretaker was a state
			 agency, an agency of any subdivision of the Commonwealth, or a private agency
			 contracting with or licensed by the Commonwealth, the Commission, pursuant to
			 the authority contained in M.G.L. c. 19C, § 13 shall make an initial
			 determination of whether there is reasonable cause to believe that abuse
			 contributed to the death of a person with a disability. If so, it shall be
			 assigned for investigation pursuant to the provisions of M.G.L. c. 19C, and 118
			 CMR regarding investigations of abuse conducted by and for the Commission. In
			 addition, the Commission shall give notice of the death to the Attorney
			 General, the Office of the Chief Medical Examiner and the District Attorney for
			 the county in which the death occurred.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 4.00 - Screening Of Reports And Referrals To Other Agencies › Section 4.07 - Reports Involving Suspected Criminal Activity

Current through Register 1525, July 5, 2024
Upon the receipt of a report that indicates to the Commission
				that there is reasonable cause to believe that a person with a disability is
				the victim of criminal activity, the Commission shall:
(1) Review and screen the report;
(2) Refer the matter to the Special
			 Investigations Unit assigned to the Commission for further evaluation,
			 investigation and/or referral, including:
(a)
			 Referring the matter to the Attorney General or to the District Attorney for
			 the county in which the criminal activity allegedly occurred in cases involving
			 sexual abuse; assault or battery; or where it is indicated the person with a
			 disability has suffered brain injury, loss or substantial impairment of a
			 bodily function or organ, substantial disfigurement, or a serious bodily injury
			 as a result of a pattern of repetitive actions or inactions by a caretaker; and
(b) Referring, as it may determine,
			 any report indicating criminal activity to the Attorney General or to the
			 District Attorney for the county or the local police department in the
			 municipality in which the criminal activity allegedly occurred.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 4.00 - Screening Of Reports And Referrals To Other Agencies › Section 4.08 - Reports Not within the Jurisdiction of M.G.L. c. 19C

Current through Register 1525, July 5, 2024
Upon the receipt of a report or a request for assistance which
				does not fall within the jurisdiction of M.G.L. c. 19C and 118 CMR, the
				Commission shall make all reasonable efforts to refer the reporter and the
				matter to an appropriate agency including, but not limited to, legal services,
				law enforcement, advocacy, and/or human services agencies.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 4.00 - Screening Of Reports And Referrals To Other Agencies › Section 4.09 - Monitoring of Referrals, Concurrent or Joint Investigations, and Agency Deferral

Current through Register 1525, July 5, 2024
(1) All adult
			 protective services (APS) investigations which are referred by the Commission
			 to other agencies to be conducted pursuant to M.G.L. c. 19C shall be conducted
			 subject to the Commission's oversight authority and subject to the Commission's
			 authority to conduct its own investigations.
(2) The Commission shall exercise its
			 authority in this matter as follows:
(a) The
			 Commission shall monitor the APS investigation conducted by any referral agency
			 to ensure such an investigation is completed in accordance with M.G.L. c. 19C,
			 § 5, and
			 118 CMR
			 5.00:
Investigations
.
(b) If the Commission determines that the
			 best interests of the person with a disability require that the Commission
			 conduct a staff investigation in place of, concurrently with, or jointly with
			 that of the referral agency, the Commission shall so inform the referral agency
			 and commence such an investigation; and
(c) If, based upon the circumstances of the
			 case, the Commission determines that the Commission should conduct its staff
			 investigation under M.G.L. c. 19C prior to or in place of that of the referral
			 agency, the Commission shall inform the referral agency to defer its
			 investigation under M.G.L. c. 19C until further notice from the
			 Commission.