118 CMR, § 5.05 - Delay or Deferral of Abuse Investigations

(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.

(3) The Commission shall monitor the progress of any criminal investigations and any corrective action taken by the referral agency to determine when or whether any investigation by the Commission pursuant to M.G.L. c. 19C, §§ 4 and 5 should be initiated or resumed. Such initiation or resumption of an investigation shall be at the sole discretion of the Commission.

Notes

118 CMR, § 5.05

Amended by Mass Register Issue 1319, eff. 8/12/2016. Amended by Mass Register Issue 1448, eff. 7/23/2021.