118 CMR, § 7.03 - Protective Services Assessment

(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.

(2) Upon receipt of the Initial Response completed by the referral agency or by the Commission, the Commission shall refer the matter to the designated state agency within the Executive Office of Health and Human Services for purposes of providing timely protective services.

(3) The designated protective services provider shall complete and file with the Commission a protective services plan within 30 days of acceptance of the Investigation Report by the Commission. The plan shall contain, at minimum, the following information:

(a) a narrative description of the protective service activity(ies) or task(s) to be provided;

(b) identification of the individual(s) responsible for supervising the provision of and for performing the identified protective service activity(ies) or task(s);

(c) identification of the proposed or actual start date for the provision of the identified protective service(s); and

(d) such other information the Commission may determine to be necessary to fulfill its responsibility to monitor the provision of protective services.

(4) After receipt of the protective services plan, the Commission shall review and approve the plan in accordance with its monitoring responsibilities.

Notes

118 CMR, § 7.03

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