reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 5.00 - Investigations › Section 5.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
118
				CMR 5.00 establishes the requirements for
				investigations conducted by and on the behalf of the Commission, the standards
				to be used in delaying or deferring the investigation, and the review and
				oversight standards to be used by the Commission.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 5.00 - Investigations › Section 5.03 - Conduct of Retaliation Investigations

Current through Register 1525, July 5, 2024
(1)
Minimum Requirements of
			 Retaliation Investigation
. Each retaliation investigation
			 conducted by the Commission, at minimum, shall include:
(a) an interview of the alleged victim of
			 retaliation;
(b) an interview of
			 the alleged retaliator;
(c)
			 interviews with any witnesses to the alleged retaliatory incident(s) subject to
			 the following conditions:
1. If any witness
			 falls within the category of a mandated reporter, he or she has an obligation
			 pursuant to M.G.L. c. 19C to cooperate in the investigation and truthfully
			 provide to the investigator all information he or she may possess that is
			 relevant to the matter under investigation. Refusal to be interviewed or to
			 otherwise cooperate in the investigation will be made a part of the report, and
			 if the witness is an employee of a state agency, unless a mandated reporter's
			 response to a question could be used against him or her in a criminal
			 proceeding, his or her failure to cooperate shall be reported to the person's
			 supervisor and to the appropriate public agency for possible disciplinary
			 action under that agency's regulations or pursuant to the provisions of any
			 relevant collective bargaining agreement or any other contract;
2. Said witness may be accompanied during an
			 interview by a person of his or her own choice who is 18 years of age or older;
			 provided that said companion shall not be a supervisor or administrator
			 employed by his or her employer, unless requested by said witness and agreed to
			 by the investigator; or is not otherwise involved or has an interest in the
			 matter under investigation. Other than being present during the interview, said
			 companion shall not participate in the actual conduct of the interview;
			 and
3. Said witness shall be
			 informed of the existence of the complaint and the general nature of the
			 allegations. Under no circumstances shall the identity of the reporter be
			 disclosed.
(d) the
			 review and obtaining of copies of all documents which are not plainly
			 irrelevant to the matter under investigation, from a mandated reporter or a
			 mandated reporter's employer acting as custodian of the documents, and of which
			 disclosure is required pursuant to M.G.L. c. 19C, § 5(1), and 118
			 CMR;
(e) any other tasks which, in
			 the discretion of the Commission, are deemed appropriate and are not plainly
			 irrelevant to the investigation; and
(f) if an investigator does not perform one
			 or more of the requirements in 118 CMR 5.03(1)(a) through (e), the investigator
			 shall detail in the Investigation Report why the requirement was not met and
			 the Commission shall determine whether said requirement(s) is material to the
			 investigation.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 5.00 - Investigations › Section 5.05 - Delay or Deferral of Abuse Investigations

Current through Register 1525, July 5, 2024
(1) The Commission may determine that an
			 abuse investigation pursuant to M.G.L. c. 19C, §§ 4 and 5, and 118
			 CMR would duplicate or jeopardize either an ongoing investigation by law
			 enforcement officials concerning possible criminal conduct involved in the case
			 of abuse reported to the Commission, or any corrective action undertaken by the
			 referral agency. If such a determination is made by the Commission, the M.G.L.
			 c. 19C investigation may be delayed or deferred.
(2) The delay or deferral of investigations
			 pursuant to M.G.L. c. 19C, § 12 can occur only after the Commission has
			 determined that:
(a) appropriate protective
			 services have been provided to ensure the continued safety of the alleged
			 victim from further risk of harm;
(b) the delay or deferral will not adversely
			 affect the ongoing provision of protective services nor the health and safety
			 of persons with disabilities found at risk of harm;
(c) the Commission's ability to conduct a
			 later investigation will not be unreasonably impaired; and
(d) all corrective action taken by another
			 official or agency will be conducted in good faith in an impartial manner by
			 qualified personnel.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 5.00 - Investigations › Section 5.06 - Commission Review of Investigation Report

Current through Register 1525, July 5, 2024
(1)
			 Upon receipt by the Commission of the Initial Response or the Investigation
			 Report prepared by the designated investigator, the Commission shall review
			 each document and determine whether each document contains the information as
			 required by the Commission; and whether the Initial Response or the
			 Investigation Report are filed with the Commission within their respective time
			 frames.
(2) If following a review
			 of either the Initial Response or the Investigation Report, the Commission
			 determines that the investigator must obtain further information for the
			 document to be complete, and/or must perform additional work on a task
			 previously begun or required for either document to be complete, the Commission
			 shall require the obtaining of such information or performing of such tasks.
			 Determination of the completeness of either document for the purposes of M.G.L.
			 c. 19C is solely within the discretion of the Commission. Additional tasks as
			 may be required by the Commission, and the resubmission of the revised Initial
			 Response or Investigation Report, shall be completed within such timeframe as
			 determined appropriate by the Commission.
(3) In addition, where the investigation has
			 been conducted by a referral agency, the Commission not only may request
			 further investigation as set out in 118 CMR 5.06(2), but the Commission, in its
			 discretion, may conduct an investigation utilizing Commission staff in
			 accordance with M.G.L. c. 19C, §§ 4 and 5, and
			 118 CMR
			 5.00. The Commission shall notify the designated
			 referral agency of the Commission's decision to conduct an investigation
			 utilizing Commission staff.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 6.00 - Formal Commissioners' Investigations › Section 6.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
118 CMR 6.00 establishes the
				requirements for initiation and conducting of Commissioners' Investigation, the
				actions to be taken as a result of the conducting of such investigation and the
				requirements for the delay or deferral of Commissioners'
				Investigation.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 6.00 - Formal Commissioners' Investigations › Section 6.02 - Initiation

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 19C, § 8, the Commission by a majority vote of the Commissioners
			 may initiate a formal investigation which shall be referred to as
			 Commissioners' Investigation when:
(a) upon
			 completion of an investigation pursuant to M.G.L. c. 19C, § 5, where the
			 caretaker of the person with a disability is a state agency and the
			 investigation report finds that the allegation of abuse is substantiated;
			 or
(b) at their discretion, the
			 Commissioners determine that the best interests of persons with disabilities
			 would be served by the initiation of such an investigation to ascertain the
			 scope, remedy for and recommendations regarding abuse of persons with
			 disabilities whose caretaker is a state agency.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 6.00 - Formal Commissioners' Investigations › Section 6.03 - Requirements of Commissioners' Investigation

Current through Register 1525, July 5, 2024
Commissioners' Investigation shall include:
(1) The investigation requirements enumerated
			 in
			 118 CMR
			 5.02:
Conduct of Abuse
			 Investigations
; and
(2) An
			 investigatory hearing, unless it is determined by a majority vote of the
			 Commissioners, following an investigation and a review of the results of the
			 investigation, that a hearing is not required; and
(3) Any other measures determined by the
			 Commissioners as appropriate for and not plainly irrelevant to the
			 investigation.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 6.00 - Formal Commissioners' Investigations › Section 6.04 - Investigatory Hearings

Current through Register 1525, July 5, 2024
(1)
Conduct of Investigatory Hearings
.
(a) The attendance of at least two
			 Commissioners, which shall be a quorum, shall be required to conduct an
			 investigatory hearing pursuant to 118 CMR 6.04.
(b) The Commissioners shall preside over the
			 process of conducting investigatory hearings pursuant to M.G.L. c. 19C, §
			 8 and 118 CMR. The Commissioners shall:
1.
			 determine the parties to each hearing;
2. determine which evidence they wish to
			 consider;
3. receive
			 evidence;
4. determine the conduct
			 and scope of such hearing; and
5.
			 make findings at the conclusion of the hearing based upon the preponderance of
			 evidence presented.
(c)
			 General Counsel for the Commission shall represent the Commission at said
			 hearings and shall act at the direction of the Commissioners.
(d) Unless an emergency investigatory hearing
			 is convened by a majority vote of the Commissioners, in which case 72-hour
			 telephone notice shall be given to all the parties enumerated in 118 CMR
			 6.04(2)(a), the Commission shall give written notice of an investigatory
			 hearing at least ten business days prior to the commencement of the
			 hearing.
(e) Unless otherwise
			 required by 118 CMR, notice of said hearings shall be made:
1. by posting said notice at the office of
			 the Secretary of the Commonwealth;
2. by certified or first class mail to
			 required parties; and
3. by mail to
			 federal protection and advocacy agencies for persons with disabilities which
			 have filed with the Commission a request to be so notified.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 6.00 - Formal Commissioners' Investigations › Section 6.05 - Actions Following Commissioners' Investigation

Current through Register 1525, July 5, 2024
(1)
Commissioners' Investigation
			 Report
.
(a) Upon completion of
			 the investigative activities of the Commissioners' Investigation including the
			 conducting of a hearing, if one is held, a report shall be prepared by the
			 staff of the Commission, which shall be known as the Commissioners'
			 Investigation Report.
(b) Unless
			 otherwise determined by the Commissioners, Commissioners' Investigation shall
			 be completed and the Commissioners' Investigation Report shall be issued within
			 a reasonable time from the date on which the Commissioners initially authorized
			 the investigation.
(c) The
			 requirements enumerated in
			 118 CMR
			 5.02(4)(b):
Recipients of Report
shall apply to Commissioners'
			 Investigation Report.
(d) Upon
			 completion of the report, the Commissioners shall vote to approve it by a
			 majority vote.
(e) Upon its
			 approval by the Commissioners, the report, with an Executive Summary appended,
			 shall be issued by the Commission.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 6.00 - Formal Commissioners' Investigations › Section 6.06 - Delay or Deferral of Commissioners' Investigation

Current through Register 1525, July 5, 2024
(1) The Commissioners may determine, in their
			 discretion, based upon the standards enunciated in M.G.L. c. 19C, § 12, to
			 delay or defer the commencement of Commissioners' Investigation pursuant to
			 M.G.L. c. 19C, § 8, and
			 118 CMR 6.00 because they have
			 determined that said Commissioners' Investigation would duplicate or jeopardize
			 an investigation then being conducted by law enforcement officials or another
			 agency of the Commonwealth.
(2) The
			 delay or deferral of Commissioners' Investigations pursuant to M.G.L. c. 19C,
			 § 12 can occur only after the Commission has determined that:
(a) appropriate protective services have been
			 provided to ensure the continued safety of the alleged victim from further risk
			 of harm;
(b) the delay or deferral
			 will not adversely affect the ongoing provision of protective services nor the
			 health and safety of persons with disabilities found at risk of harm;
(c) the Commission's ability to conduct a
			 later investigation will not be unreasonably impaired; and
(d) the investigation of the incident by
			 another official or agency will be conducted in good faith by an impartial,
			 qualified investigator.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 7.00 - Protective Services › Section 7.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
118 CMR 7.00 establishes the
				responsibilities and obligations of the Commission in ensuring that protective
				services are provided to persons with disabilities who are the subjects of
				reports made to the Commission and who require such protective
				services.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 7.00 - Protective Services › Section 7.02 - General Principles

Current through Register 1525, July 5, 2024
Regarding the provision of protective services, the Commission
				shall:
(1) ensure that protective
			 services are provided in the least restrictive and most appropriate manner
			 possible to a person with a disability with his or her consent, or that of his
			 or her guardian, or by order of a court of competent jurisdiction as indicated
			 in 118 CMR 7.02(4);
(2) designate a
			 state agency to act as a protective services provider, and cooperate with that
			 agency and any other agency to provide those protective services that ensure
			 that the person with a disability is protected from abuse and that the effects
			 of abuse are remediated;
(3) ensure
			 the appropriate provision of emergency protective services by the designated
			 protective services provider; and
(4) petition the Probate and Family Court for
			 the county in which the person with a disability resides, pursuant to M.G.L. c.
			 19C, § 7 and 118 CMR, for a judicial determination regarding the issue of
			 the provision of protective services, the appointment or removal of a
			 conservator, limited or general guardian, or for issuance of an order for
			 protective services when a person with a disability refuses or is unable to
			 consent to the provision of necessary protective services or when the guardian
			 of a person with a disability is: unavailable or unwilling to consent to the
			 provision of necessary protective services; suspected of involvement with the
			 alleged abuse; or is not acting in the best interests of the person with a
			 disability.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 7.00 - Protective Services › Section 7.03 - Protective Services Assessment

Current through Register 1525, July 5, 2024
(1)
			 The initial determination of the need for and requirements of protective
			 services shall be part of the investigative process conducted pursuant to
			 M.G.L. c. 19C, §§ 4 and 5, shall be consistent with the protocols
			 adopted by the Commission and shall be made part of the Initial Response
			 submitted pursuant to M.G.L. c. 19C, § 5 and
			 118 CMR
			 5.00:
Investigations
. Said
			 determination shall, at minimum, include the following:
(a) A finding regarding whether the person
			 with a disability is at risk of further harm; and
(b) A finding and recommendation identifying
			 an appropriate protective service provider to respond to the abuse which
			 occurred and to prevent further risk of harm to the person with a
			 disability.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 7.00 - Protective Services › Section 7.04 - Provision of Protective Services

Current through Register 1525, July 5, 2024
(1)
			 Protective services shall:
(a) be provided by
			 agencies of the Commonwealth and vendors who contract or license with such
			 agencies pursuant to the approved protective services plan filed with the
			 Commission;
(b) be provided in the
			 least restrictive manner possible; and
(c) be provided to protect a person with a
			 disability from abuse, to remedy the effects of abuse and to respond to the
			 underlying abusive situation, to the extent possible.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 7.00 - Protective Services › Section 7.05 - Monitoring

Current through Register 1525, July 5, 2024
(1) The Commission
			 shall monitor the provision of protective services for each person with a
			 disability who is determined to require protective services.
(2) The monitoring of each case shall
			 continue until the Commission closes the case.
(3) The monitoring by the Commission for each
			 case may include, but shall not be limited to:
(a) a review of emergency protective services
			 provided by the designated protective services provider;
(b) a visit to the person with a
			 disability;
(c) a determination of
			 the status of the alleged abuser, if identified;
(d) a review of case records of the
			 Commission, of the referral agency which conducted the abuse investigation, and
			 of the agency providing the protective services, if different from the referral
			 agency including, but not limited to, the protective service plan submitted to
			 the Commission; and
(e) a review of
			 any plan for transition to any needed long-term services.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 8.00 - Petition For Protective Order › Section 8.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
118 CMR 8.00 establishes the
				requirements for the filing of a petition for court ordered protective services
				pursuant to M.G.L. c. 19C, § 7.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 8.00 - Petition For Protective Order › Section 8.02 - Nonemergency Petitions

Current through Register 1525, July 5, 2024
Pursuant to the terms and conditions contained in M.G.L. c.
				19C, § 7(a), after the initiation of an investigation pursuant to M.G.L.
				c. 19C, and 118 CMR, when the Commission, the Department of Mental Health, the
				Department of Developmental Services, or the Massachusetts Rehabilitation
				Commission, has reasonable cause to believe that a person with a disability is
				suffering from abuse and lacks the capacity to consent to the provision of
				protective services, said Commission, Department of Mental Health, Department
				of Developmental Services, or Massachusetts Rehabilitation Commission may
				petition the Probate and Family Court for the county where the person with a
				disability resides, for a finding that the person with a disability lacks such
				capacity and requires the provision of protective services.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 8.00 - Petition For Protective Order › Section 8.03 - Emergency Petitions

Current through Register 1525, July 5, 2024
(1)
Emergency Petitions
.
(a) Upon determining that:
1. an emergency exists; and
2. the person with a disability lacks the
			 capacity to consent to the provision of protective services, the Commission,
			 the Department of Mental Health, the Department of Developmental Services, the
			 Massachusetts Rehabilitation Commission, a caretaker or a member of the
			 immediate family of the person with a disability may petition the Probate and
			 Family Court for the county where the person with a disability resides, for an
			 emergency order of protective services.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 8.00 - Petition For Protective Order › Section 8.04 - Modification or Rescission of Protective Orders

Current through Register 1525, July 5, 2024
The person with a disability or his or her court-appointed
				representative, the Commission, the Department of Mental Health, the Department
				of Developmental Services, or the Massachusetts Rehabilitation Commission, may
				petition the court to have any order issued pursuant to M.G.L. c. 19C, §
				7, modified or rescinded.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 9.00 - Records › Section 9.02 - Controlling Statutes

Current through Register 1525, July 5, 2024
All records of the Commission shall be subject to the
				provisions of M.G.L. c. 4, § 7, cl. 26, c. 19C, §§ 3 and 15, c.
				66 and c. 66A.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 9.00 - Records › Section 9.03 - Release of Information

Current through Register 1525, July 5, 2024
(1)
Limitation on Release of Information
. For the purposes
			 of dissemination, the records of the Commission shall not be considered "public
			 records" and any release of said records shall be pursuant to the provisions of
			 M.G.L c. 4, § 7, cl. 26, c. 66, c. 66A, and
			 118 CMR
			 9.00. The following information shall be confidential
			 and shall not be disclosed or otherwise made available to any person, except
			 duly authorized staff of the Commission and the duly authorized staff of an
			 agency within the Executive Office of Health and Human Services to which the
			 Commission has referred a report of abuse for investigation or for the
			 provision of protective services:
(a) all
			 personal data contained within the report of abuse including, but not limited
			 to, personally identifying information of the person with a disability who is
			 the alleged victim of abuse, of the alleged abuser, of the person who made the
			 report of abuse to the Commission, and of any other third-party;
(b) any and all notes, papers, documents or
			 other investigative materials including, but not limited to, interview
			 summaries, collected or compiled by personnel duly authorized by the Commission
			 during the course of an investigation;
(c) all material subject to "peer review
			 privilege" pursuant to M.G.L. c. 111, § 204 and within the possession of
			 personnel duly authorized by the Commission; and
(d) the information maintained in the
			 registry, including the records of its proceedings.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 10.00 - Annual Report › Section 10.02 - Time and Recipients of Commission Annual Report

Current through Register 1525, July 5, 2024
The Commission shall report annually to the Governor and the
				General Court regarding its activities during the previous fiscal year. Said
				report shall be filed on or about September 15th,
				and the original shall be presented to the Governor, with copies presented to
				the President of the Senate and the Speaker of the House of Representatives.
				Copies shall be filed with the State Library and made available to the
				public.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 10.00 - Annual Report › Section 10.03 - Contents of Commission Annual Report

Current through Register 1525, July 5, 2024
The annual report may contain:
(1) statistics of the cases of suspected
			 abuse of persons with disabilities reported to the Commission including, but
			 not limited to, information regarding reporters, referrals made by the
			 Commission, results of and/or actions taken as a result of investigations, and
			 information regarding the delivery of protective services;
(2) recommendations of the Commission for
			 proposed legislation regarding the protection of persons with
			 disabilities;
(3) review and
			 analysis of the activities of the Commission's Special Investigation Unit
			 staffed by State Troopers including, but not limited to, the number of criminal
			 cases reported to the Commission, the number of such cases investigated and the
			 type of crimes being committed against persons with disabilities and being
			 reported to the Commission;
(4)
			 recommendations regarding resource development and unmet needs of persons with
			 disabilities; and
(5) any other
			 information that the Commission deems relevant to the protection of persons
			 with disabilities.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 10.00 - Annual Report › Section 10.04 - Time and Recipients of Annual Registry Audit Report

Current through Register 1525, July 5, 2024
Annually, the Commission shall perform an audit of the registry
				to ensure compliance with M.G.L. c. 19C, § 15, including that the
				Commission added all substantiated findings of registrable abuse to the
				registry and made proper notification to the department, employers and care
				providers. A summary of the audit shall be filed not later than October
				31st of each year with the clerks of the house of
				representatives and senate, the house and senate committees on ways and means
				and the joint committee on children, families and persons with
				disabilities.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 10.00 - Annual Report › Section 10.05 - Contents of Annual Registry Audit Report

Current through Register 1525, July 5, 2024
The annual registry audit report shall include, in a
				de-identified and aggregate form:
(1)
			 the number of substantiated findings of abuse found or not found to have been
			 registrable;
(2) the number of
			 people on the registry;
(3) the
			 number of people who were added to the registry in the last fiscal
			 year;
(4) the number of
			 substantiated findings of registrable abuse that were appealed in the last
			 fiscal year;
(5) the number of
			 substantiated findings of registrable abuse that were overturned on appeal in
			 the last fiscal year;
(6) the
			 number of requests made by employers for information from the registry and the
			 number of such requests that were granted in the last fiscal year;
(7) the total number of instances in the last
			 fiscal year in which the Commission failed to notify the department or the last
			 known employer of a care provider who was placed on the registry and the
			 reasons for such failures; and
(8)
			 the number of employers found to have failed to meet the requirements of M.G.L.
			 c. 19C, § 15(d) in the last fiscal year.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 11.00 - Interagency Agreements › Section 11.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
118 CMR 11.00 identifies the
				circumstances and purposes for which the Commission may enter into interagency
				agreements in furtherance of the Commission's statutory
				mandate.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 11.00 - Interagency Agreements › Section 11.02 - Discretionary Authority to Enter Agreements

Current through Register 1525, July 5, 2024
The Commission may, at the discretion of the Commissioners,
				enter into agreements with state and federal agencies, agencies established by
				the federal government, and private entities to fulfill the mandate of M.G.L.
				c. 19C and the requirements of 118 CMR.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 12.00 - Non-discrimination › Section 12.02 - Statement of Non-discrimination Policy

Current through Register 1525, July 5, 2024
No subject of a report or recipient of protective services
				shall be excluded from participation in, denied the benefits of, or otherwise
				be subjected to discrimination in connection with any services provided or
				performed by the Commission, on the basis of race, creed, color, religion, age,
				ancestry, marital status, gender identity, sex, language, disability, national
				origin, or sexual orientation.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 13.00 - Advisory Council › Section 13.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
118 CMR 13.00 identifies the
				establishment of an Advisory Council to assist the Commission in developing
				policy that is consistent with and responsive to the needs of persons with
				disabilities.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 13.00 - Advisory Council › Section 13.02 - Nature and Purpose of the Advisory Council

Current through Register 1525, July 5, 2024
(1) The Commissioners shall appoint a council
			 of citizens of the Commonwealth who shall advise the Commissioners on matters
			 of policy regarding M.G.L. c. 19C. No employee of the Commission may be a
			 voting member of the Advisory Council.
(2) The Advisory Council shall have no fewer
			 than three but no more than 15 members. A Chairperson shall be selected from
			 the membership of the Advisory Council by its members. Said chairperson shall
			 serve in that position for one year, beginning on September
			 1st, and may serve successive terms.
(3) The Advisory Council shall meet at least
			 annually at a place and time determined by the Council.
(4) For purposes of tort claims and conflicts
			 of interest, all members of the Commission's Advisory Council shall be special
			 state employees.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 14.00 - Filing Objections And Administrative Review › Section 14.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
118 CMR 14.00 governs the
				petition process available to certain parties to a M.G.L. c. 19C investigation
				and the objection process available to data subjects.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 14.00 - Filing Objections And Administrative Review › Section 14.02 - Petitions for Review

Current through Register 1525, July 5, 2024
(1)
Parties Who May File Petitions for Review
. The
			 identified abuser, or their respective legal representative, who is aggrieved
			 by the disposition of an investigation conducted pursuant to M.G.L. c. 19C may
			 file with the Commission an objection to the conclusion contained in the M.G.L.
			 c. 19C investigation report, except for decisions regarding the screening of an
			 intake, the assignment of an investigator, a jurisdictional determination, the
			 deferral of an investigation pursuant to M.G.L. c. 19C, § 12, or findings
			 in a Compliance Investigation Report.
(2)
Grounds for Objection to a
			 Determination of Abuse or Registrable Abuse
. The grounds for
			 filing a Petition for Review objecting to a determination of abuse are:
(a) The investigation report is based on an
			 investigation that was not conducted in accordance with:
1.
										118 CMR
			 5.02(1): Minimum
			 Requirements of Abuse Investigations and/or
			 118 CMR
			 5.02(2):
Substantiated Investigations of Abuse of Persons with Intellectual or
			 Developmental Disability
; and
2. said non-compliance resulted in the
			 reasonable likelihood of substantial prejudice to the petitioner;
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 14.00 - Filing Objections And Administrative Review › Section 14.03 - Entry of Care Provider's Name on the Registry

Current through Register 1525, July 5, 2024
(1) If, after notification has been made to
			 the care provider pursuant to
			 118
			 CMR 14.02(5)(b)  and no
			 petition for review is received by the Commission within the timeframe as
			 prescribed by
			 118
			 CMR 14.02(4)(a), then the
			 Commission shall enter the care provider's name and date of birth, and any
			 other unique identifiers which confirm the identity of a care provider, on the
			 registry.
(2) In any petition
			 decision on an objection filed pursuant to
			 118
			 CMR 14.02(3), the Commission
			 shall notify the care provider of his or her right to appeal said decision with
			 the division by initiating an appeal in the form and manner prescribed by the
			 division within 13 business days after mailing of such decision to the care
			 provider's last known address by the Commission.
(3) If, after a final decision by the
			 Commission pursuant to
			 118
			 CMR 14.02(4)(b)2. on a
			 petition for review that the care provider has committed registrable abuse, the
			 care provider does not seek further review with the division as provided by 118
			 CMR 14.03(2), then the Commission shall enter on the registry the care
			 provider's name and date of birth, and any other unique identifiers which
			 confirm the identity of the care provider
(4) If the care provider seeks review of a
			 petition decision with the division, the Commission shall not enter the care
			 provider's identifying information on the registry, unless and until the
			 division issues a final decision affirming the finding of the Commission. Upon
			 said affirmance by the division, the Commission shall enter the care provider's
			 name and date of birth, and any other unique identifiers which confirm the
			 identity of a care provider, on the registry.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 14.00 - Filing Objections And Administrative Review › Section 14.04 - Removal of Care Provider's Name from the Registry

Current through Register 1525, July 5, 2024
(1) Five years following the entry of the
			 care provider's name on the registry as provided in
			 118 CMR
			 14.03, or five years after the conclusion of
			 any prior petition initiated under 118 CMR 14.04, the registered abuser shall
			 have the right to petition for removal from the registry.
(a) Said petition shall be in the form as
			 prescribed by
			 118
			 CMR 14.02(4)(a)1.;
			 and
(b) Said petition shall set
			 forth the grounds on which the registered abuser asserts that, based upon the
			 preponderance of evidence, in considering the totality of the circumstances it
			 is no longer in the interest of persons with intellectual or developmental
			 disabilities and it is no longer in the public interest to exclude the
			 registered abuser from working as a care provider.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 14.00 - Filing Objections And Administrative Review › Section 14.05 - Notification regarding Registrable Abuse Cases and Proceedings

Current through Register 1525, July 5, 2024
In a form and manner prescribed by the Commission, the
				Commission shall notify the department, the care provider's last known
				employer(s), the victim of registrable abuse, and if applicable, the guardian
				of said victim of the following:
(1) a
			 substantiated finding of registrable abuse against a care provider;
(2) the care provider has filed a petition
			 with the Commission;
(3) the
			 Commission has issued a decision on a petition by a care provider;
(4) the care provider has initiated an appeal
			 of a petition decision with the division;
(5) the division has issued a decision on an
			 appeal of a petition decision;
(6)
			 the care provider has sought judicial review of a decision by the division;
			 or
(7) any final decision issued by
			 a court as it pertains to the finding of registrable abuse or removal from the
			 registry by the care provider.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 14.00 - Filing Objections And Administrative Review › Section 14.06 - Requests for Reconsideration

Current through Register 1525, July 5, 2024
(1) The
			 alleged victim or his or her legal representative, who is aggrieved by the
			 disposition of an investigation conducted pursuant to M.G.L. c. 19C may file
			 with the Commission a request for reconsideration. The alleged victim shall not
			 be considered aggrieved by decisions regarding the screening of an intake, the
			 assignment of an investigator, the deferral of an investigation pursuant to
			 M.G.L. c. 19C, § 12, a jurisdictional determination, a finding of abuse or
			 registrable abuse that has been substantiated against one or more abusers, or a
			 Commission decision on a Petition for Review or Petition for Removal.
(2) The grounds for filing a request for
			 reconsideration are:
(a) The investigation
			 report was not conducted in accordance with:
1.
										118 CMR
			 5.02(1):
Minimum
			 Requirements of Abuse Investigations;
or 118 CMR 5.02(2):
Additional Minimum Requirements of Investigations of Registrable
			 Abuse
; and
2. said
			 noncompliance resulted in the reasonable likelihood of substantial prejudice to
			 the alleged victim; or
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 14.00 - Filing Objections And Administrative Review › Section 14.07 - Objections Filed Pursuant to M.G.L. c. 66A

Current through Register 1525, July 5, 2024
(1)
Objections by Data Subjects
			 regarding Data Held by the Commission
.
(a) A data subject who objects to the
			 accuracy, completeness, pertinence, timeliness, relevance or dissemination of
			 personal data held by the Commission regarding him or her, may file an
			 objection with the Executive Director of the Commission pursuant to M.G.L. c.
			 66A.
(b) The objection shall:
1. be in writing; and
2. set forth with specificity the reason(s)
			 for the objection.
(c)
			 Within a reasonable time after the receipt of such an objection, the Executive
			 Director or his or her designee shall review the objection and:
1. correct or amend the personal data if
			 there is no disagreement with the data subject as to whether the change or
			 amendment should be made; or
2. if
			 there is disagreement with the data subject as to whether the change or
			 amendment should be made, assure the data subject's claim is noted and included
			 as part of the data subject's personal data and included in any subsequent
			 disclosure or dissemination of the disputed data.
(d) notify the data subject in writing of a
			 decision and the reasons underlying said decision.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 15.00 - Department and Employer Registry-related Hiring and Retention Procedures › Section 15.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
118 CMR 15.00 governs the operations of the registry of care
				providers against whom the Commission has made a substantiated finding of
				registrable abuse as prescribed by M.G.L. c. 19C, § 15. 118 CMR 15.00 is
				applicable to all current and prospective care providers in any program
				licensed, contracted, or funded by the department; and any individual who
				provides services on behalf of any program licensed or funded by, or
				contracting with the department.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 15.00 - Department and Employer Registry-related Hiring and Retention Procedures › Section 15.02 - Policy

Current through Register 1525, July 5, 2024
In order to ensure that care providers in any facility or
				program licensed or funded by the department or contracting with the department
				are appropriate for serving in their respective capacities, employers and the
				department must meet all requirements of 118 CMR 15.02 in performing inquiries
				to the abuser registry.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 15.00 - Department and Employer Registry-related Hiring and Retention Procedures › Section 15.03 - Responsibilities of the Department or the Employer

Current through Register 1525, July 5, 2024
(1) The department or the employer shall
			 ensure that all requirements of 118 CMR 15.00 have been met, as
			 applicable.
(2) In accordance with
			 M.G.L. c. 19C, § 15, prior to employing, contracting with, or utilizing
			 the services of a care provider, the department or the employer shall perform a
			 search of the registry for the care provider's identity. The department or the
			 employer shall require as a condition of employment the satisfactory completion
			 of a registry search. The department or the employer shall offer employment,
			 contract with, or agree to utilize services only after the results of a
			 registry search have found the prospective care provider absent from the abuser
			 registry.
(3) The department or the
			 employer shall ensure each prospective care provider signs a written consent to
			 a search of the registry prior to performing the search. The department or the
			 employer shall inform the prospective care provider that his or her personal
			 information will be used to make a registry search. Documentation of such
			 consent and notification shall be included in the employer's or the
			 department's employment application materials.
(4) A search of the registry shall be
			 conducted on care providers who have had a break in employment of one year or
			 more from the department or employer prior to recommencing employment in same
			 manner as a prospective care provider pursuant to 118 CMR 15.03(2) and
			 (3).
(5) If the care provider's
			 identifying information appears on the registry, or if the care provider
			 declines to consent to a registry search, the department or the employer shall
			 not employ, contract with, or utilize the services of the care
			 provider.
(6) If the department or
			 the employer receives notification pursuant to 118 CMR 14.05:
Notification Regarding Registrable Abuse Cases and Proceedings
that it is currently employing, contracting with, or utilizing the services of
			 a care provider listed on the registry, the department or employer shall
			 immediately terminate the employment, contract, or utilization of services of
			 said care provider.
(7) Upon any
			 failure to hire or termination effective pursuant to 118 CMR 15.03, the
			 department or employer shall provide the care provider with the contact
			 information for the Commission.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 15.00 - Department and Employer Registry-related Hiring and Retention Procedures › Section 15.04 - Recurrent Registry Screening

Current through Register 1525, July 5, 2024
(1) The department
			 or employer may, at its own discretion, perform a registry search for any
			 current care provider who the department or employer employs, contracts with,
			 or utilizes the services of.
(2)
			 The department or the employer shall ensure each care provider signs a written
			 consent to a search of the abuser registry prior to performing the search. The
			 department or the employer shall inform the care provider that his or her
			 personal information will be used to make a registry search. Documentation of
			 such consent and notification shall be included in the care provider's
			 personnel file.
(3) If the care
			 provider's identity appears on the registry, or if the care provider declines
			 to consent to a registry search, the department or the employer shall
			 immediately terminate the employment, contract, or utilization of services of
			 the care provider.
(4) Upon any
			 termination effective pursuant to 118 CMR 15.04, the department or employer
			 shall provide the care provider with the contact information for the
			 Commission.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 15.00 - Department and Employer Registry-related Hiring and Retention Procedures › Section 15.05 - Compliance Reviews

Current through Register 1525, July 5, 2024
(1) The Commission
			 may conduct periodic reviews of the department's or an employer's compliance
			 with 118 CMR 15.00. In doing so, the Commission may require the department or
			 employer to submit any information not plainly irrelevant to determine whether
			 the department or employer has complied with 118 CMR 15.00.
(2) If such review or other relevant
			 information obtained by the Commission raises concerns about the department's
			 or employer's compliance, the Commission may require the department or employer
			 to submit any information demonstrating its compliance with 118 CMR 15.00. The
			 Commission may also initiate a compliance investigation pursuant to
			 118 CMR
			 5.04:
Registry Compliance
			 Investigations
.
Code of Massachusetts Regulations › 118 CMR - DISABLED PERSONS PROTECTION COMMISSION › Title 118 CMR 15.00 - Department and Employer Registry-related Hiring and Retention Procedures › Section 15.06 - Disputes regarding the Identity of a Care Provider

Current through Register 1525, July 5, 2024
(1) The Commission will make every reasonable
			 effort to confirm identity of a care provider whose personal information
			 appears on the registry by including name, date of birth, and any other unique
			 characteristics such as maiden names, aliases, or last four digits of Social
			 Security number. The Commission shall maintain procedures to resolve any
			 disputes regarding the identity of a care provider when contested by the care
			 provider, department, or employer.
(2) The department or employer shall provide
			 to the Commission any information requested by the Commission that will confirm
			 the identity of the care provider.
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 119 CMR 1.00
et seq
. is to establish standardized policy and procedures for The Soldiers' Home in Holyoke (SHH), its agencies and their state funded or operated programs regarding the review of criminal records of candidates under consideration for employment or regular volunteer or training service in positions at these programs. The Criminal History Systems Board (CHSB) has authorized SHH agencies and vendor agencies to receive criminal record information regarding present or prospective employees in any SHH funded or operated program.
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.02 - Policy

Current through Register 1525, July 5, 2024
In order to ensure that employees or other persons regularly providing services or support to any program or facility are appropriate for serving in their positions with potential unsupervised contact, a Criminal Offender Record Information (CORI) check shall be performed on all candidates. It is the policy of SHH that convictions of certain crimes may pose an unacceptable risk to the vulnerable populations served by the SHH agencies. 119 CMR 1.00 sets forth minimum standards.