HOUSE DOCKET, NO. 1493        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 80

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Linda Dean Campbell

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to establish a registry of caretakers found to have substantiated abuse against persons with intellectual disability or developmental disability.

_______________

PETITION OF:

 

Name:

District/Address:

Linda Dean Campbell

15th Essex

Michael O. Moore

Second Worcester

Susannah M. Whipps

2nd Franklin

Michael D. Brady

Second Plymouth and Bristol

Paul Brodeur

32nd Middlesex

James M. Cantwell

4th Plymouth

Gerard Cassidy

9th Plymouth

Tackey Chan

2nd Norfolk

Mike Connolly

26th Middlesex

Brendan P. Crighton

Third Essex

Josh S. Cutler

6th Plymouth

Michael S. Day

31st Middlesex

Marjorie C. Decker

25th Middlesex

David F. DeCoste

5th Plymouth

Daniel M. Donahue

16th Worcester

Michelle M. DuBois

10th Plymouth

Peter J. Durant

6th Worcester

James B. Eldridge

Middlesex and Worcester

Kimberly N. Ferguson

1st Worcester

Carole A. Fiola

6th Bristol

Linda Dorcena Forry

First Suffolk

Sean Garballey

23rd Middlesex

Denise C. Garlick

13th Norfolk

Colleen M. Garry

36th Middlesex

Carmine L. Gentile

13th Middlesex

Danielle W. Gregoire

4th Middlesex

Sheila C. Harrington

1st Middlesex

Stephan Hay

3rd Worcester

Jonathan Hecht

29th Middlesex

Natalie Higgins

4th Worcester

Daniel J. Hunt

13th Suffolk

Louis L. Kafka

8th Norfolk

Hannah Kane

11th Worcester

Mary S. Keefe

15th Worcester

Peter V. Kocot

1st Hampshire

Jack Lewis

7th Middlesex

Joan B.  Lovely

Second Essex

Juana B. Matias

16th Essex

Joseph W. McGonagle, Jr.

28th Middlesex

Paul McMurtry

11th Norfolk

Shaunna L. O'Connell

3rd Bristol

Patrick M. O'Connor

Plymouth and Norfolk

Keiko M. Orrall

12th Bristol

Jerald A. Parisella

6th Essex

Denise Provost

27th Middlesex

David M. Rogers

24th Middlesex

John H. Rogers

12th Norfolk

Richard J. Ross

Norfolk, Bristol and Middlesex

John W. Scibak

2nd Hampshire

Alan Silvia

7th Bristol

Thomas M. Stanley

9th Middlesex

José F. Tosado

9th Hampden

Paul Tucker

7th Essex

John C. Velis

4th Hampden

David T. Vieira

3rd Barnstable

Chris Walsh

6th Middlesex

Thomas P. Walsh

12th Essex

Timothy R. Whelan

1st Barnstable

Bud Williams

11th Hampden


HOUSE DOCKET, NO. 1493        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 80

By Mrs. Campbell of Methuen, a petition (accompanied by bill, House, No. 80) of Linda Dean Campbell and others relative to the establishment of an abuse registry for certain caretakers of persons with intellectual or developmental disabilities.  Children, Families and Persons with Disabilities.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act to establish a registry of caretakers found to have substantiated abuse against persons with intellectual disability or developmental disability.

 

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.  Chapter nineteen B of the general laws is hereby amended by inserting at the end thereof the following new section:-

Section 21. Massachusetts disability abuse registry.

(1) Definitions

“Abuse” shall have the same meaning as “abuse” as defined by the disabled persons protection commission pursuant to chapter nineteen C of the general laws. 

“Caretaker” means any person employed by a provider licensed by the department pursuant to sections fifteen and fifteen A of chapter nineteen B of the general laws, that provides services or supports to a person with an intellectual or developmental disability.

“Commissioner” means the commissioner of the department of developmental services.

“Department” means the department of developmental services.

(2) Creation of a Disability Abuse Registry

The department shall, subject to appropriation, establish and maintain a computerized registry of caretakers against whom a substantiated finding of abuse of a person with an intellectual or developmental disability has been issued by the disabled persons protection commission in accordance with chapter nineteen C of the general laws, or a substantiated finding of financial exploitation of a person with an intellectual or developmental disability has been issued by the department, to be known as the Massachusetts disability abuse registry.

The department shall, in accordance with section two of chapter thirty A of the general laws and subject to appropriation, adopt regulations consistent with this section. Said regulations shall include procedures and standards for the placement of a caretaker’s name on the Massachusetts disability abuse registry, and the process for the notification to the caretaker of the right to appeal the placement of his or her name on the Massachusetts disability abuse registry.  The department’s rules and regulations shall provide for a hearing within the meaning of subsection one of section one of chapter thirty A of the general laws.

(3) Registration process

After a substantiated finding of abuse of a person with an intellectual disability or developmental disability by a caretaker or a finding of financial exploitation of a person with an intellectual or developmental disability by a caretaker, and after notice and a reasonable opportunity for a hearing for the caretaker to rebut such findings, the department shall determine whether a caretaker’s name shall be entered on the Massachusetts disability abuse registry. 

The department shall enter the caretaker name with an asterisk (referencing appeal) upon the Massachusetts disability abuse registry until the appeal period is expired or subject to the resolution of an appeal.

(4) Requirement to check registry

Prior to hiring an individual seeking employment, a provider shall determine whether the applicant’s name appears on the Massachusetts disability abuse registry. 

The department shall notify a provider that currently employs a caretaker upon the entry of a caretaker’s name on the Massachusetts disability abuse registry.

The department shall maintain and disclose any statement made by the caretaker disputing the caretaker’s inclusion on the Massachusetts disability abuse registry.

(5) Prohibition on hiring persons on the Massachusetts disability abuse registry

No service provider shall hire or knowingly employ an individual whose name appears on the Massachusetts disability abuse registry, or, if an alternative sanction was imposed, that individual may not be hired or employed until the terms of such sanction have been fulfilled.

(6)  Retaliation for reporting abuse

The rights and protections of section eleven of chapter nineteen C of the general laws shall apply.

(7) Access to the registry

The information maintained in the Massachusetts disability abuse registry shall not be considered to be a “public record” under clause twenty-six of section seven of chapter four of the general laws.  The department shall keep confidential and may only disseminate information contained in the Massachusetts disability abuse registry to a provider for consideration of current employee or an applicant for employment to provide direct care to persons with intellectual disability or developmental disability. 

SECTION 2. Section five of chapter nineteen C of the general laws, is hereby amended by inserting at the end thereof, the following new subsection:

(6) Immediately upon issuance of an investigation report substantiating abuse of a person with an intellectual disability or developmental disability, the commission shall submit all relevant information to the Massachusetts disability abuse registry.

SECTION 3.  The Department shall amend its present regulations to include the following in Section 2 (a) of 115 CMR 9.08, the following new subsection:

6.  guardian, parent or sibling (excluding any person complained of or thought to be responsible for the matter alleged) shall be offered a joint interview.