HOUSE DOCKET, NO. 1008        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 542

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to establishing multi disciplinary teams with district attorneys to investigate elder abuse..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 15 of Chapter 19A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following subsection:—

(g) The area director shall promptly advise the department and protective service agency along with the opinion of the director, evidences a pattern of abuse or neglect or an ongoing problem in need of attention. Subsequently, the director of the appropriate council on aging shall, in cooperation with the department and the appropriate district attorney, establish one or more multi-disciplinary service teams to review the provisions of services to the persons, their families or responsible parties who are the subject of such reports. Such teams shall consist of 1 representative of the agency who shall be the case worker for the particular case, 1 representative of the appropriate district attorney, 1 representative of the appropriate council on aging and at least 1 other member who is not an employee of any such office, who shall be appointed by the department. The additional member shall have training and experience in the fields of elder abuse, the provision of care to the elderly or criminal justice and, as far as practicable, be involved with the provision of services to such families. No members of such team shall receive any compensation, or in the case of a state employee, any additional compensation, for service on such team. Such team shall review, evaluate and monitor the services provided to the person named in the report in regard to their effectiveness in protecting the person and their family from further abuse or neglect. Such team shall make recommendations regarding changes or additions to the services provided, the advisability of prosecuting members of the family or responsible party or parties and the possibility of utilizing diversionary alternatives.  Such multi-disciplinary service team shall have full access to any data know to the protective service agency which is directly related to the provision of services to the persons named in the report, notwithstanding any other general or special to the contrary. The members of such team shall be considered employees of the protective service agency for the purposes of protecting the confidentiality of such data and such data shall be utilized solely to carry out the purposes of this section, provided, however, that such team may report to such district attorney the information that the family or responsible party or parties have failed to participate in the provision of such services. Each team shall file a monthly report with the secretary of elder affairs regarding the activities which have occurred in the previous month pursuant to this section. Such report shall be written on a form prescribed by said secretary. Said secretary after deleting all  personal identifying information, shall combine these reports into on monthly report which shall be filed with the secretary of health and human services, each district attorney, the joint committee on human services and elderly affairs, and the house and senate committees

on ways and means.