118 CMR, § 7.02 - General Principles
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.
Notes
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