SENATE DOCKET, NO. 583        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 64

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michael O. Moore

_________________

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:

SENATE DOCKET, NO. 583        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 64

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:-

(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.