Current through Register 1518, March 29, 2024
An investigator shall investigate all complaints in accordance
with 115 CMR 9.10 and document the results in an investigation report.
(1)
Interviews.
(a) The investigator shall hold a private
face-to-face interview to discuss the complaint with the following persons,
preferably but not necessarily, in the following order:
1. the alleged victim; however, the
investigator may conclude that under the circumstances an interview of the
alleged victim would cause further harm and therefore shall not occur;
and
2. the alleged
abuser(s).
(b) The
investigator shall interview the following persons:
1. the complainant, unless the complainant is
the alleged victim and the investigator determines that an interview would
cause harm to the alleged victim and therefore should not occur;
2. eye witnesses to the allegations in the
complaint; and,
3. other persons
the investigator considers appropriate.
(c) Prior to an interview, the investigator
shall inform the person to be interviewed, of the following:
1. the existence of the complaint, the
general nature of the allegations and his or her role as the investigator;
provided, however, the investigator shall not inform the person to be
interviewed of the identity of the complainant;
2. the person may be represented by one of
the following: an attorney, legal advocate, union representative, or competent
person of his or her own choice who is 18 years of age or older and who is not
otherwise involved in the investigation;
3. the person has an obligation to cooperate
in the investigation and that failure to cooperate, where applicable, may
result in disciplinary action, including termination, or in departmental action
adverse to the provider.
(d) Whenever a person refuses to be
interviewed, the investigator shall record the refusal in the investigation
report. If the investigator does not interview the alleged victim for reason(s)
other than refusal to be interviewed, the investigator shall record in the
investigation report the reason(s) why such interview did not occur, including
the basis for any determination that the interview would cause harm.
(2)
Review of
Pertinent Documents. As part of the investigation, the
investigator shall review and shall have the right to obtain copies of all
pertinent documents, including, but not limited to:
(a) medical and clinical records pertaining
to an injury;
(b) incident
reports;
(c) the case record of an
individual involved in the complaint;
(d) restraint forms completed in connection
with the complaint under investigation;
(e) personnel records;
(f) policies, procedures or guidelines of the
Department and the provider involved or employer of the person complained
of;
(g) photographs of any injury
or property damage;
(h) previous
related cases investigated or reviewed pursuant to M.G.L. c. 19C or
115 CMR 9.00; and,
(i) any documents determined by the
investigator to be relevant.
Providers shall make all records available to the investigator
upon request.
(3)
Site Visit. The
investigator may visit and inspect the site of the incident, occurrence or
condition as a means of gathering additional evidence and gaining a better
understanding of the context of the allegations.
(4)
Additional
Inquiries. The investigator may employ such other investigatory
techniques as determined appropriate in his or her professional judgment under
the circumstances, including consultation with clinical experts.
(5)
Request for
Extension. The senior investigator or investigator may submit a
request for an extension of a time limit set forth in
115 CMR 9.00 upon a showing of
necessity and that the delay will not pose a threat to the safety of the
individual involved. A staff investigator shall submit such request to the
senior investigator; a senior investigator shall submit such request to the
director of investigations or designee. A request for an extension shall be in
writing, explain why an extension is needed, and propose a new time limit which
does not unreasonably postpone a final resolution of the matter. If approved,
the extension request shall be forwarded to the director of investigations by
the senior investigator or designee. The senior investigator or designee shall
then send a notice of extension to the parties.
(6)
DPPC
Investigations. The investigations division shall adhere to the
regulations and procedures of the DPPC when investigating complaints assigned
to it by the DPPC pursuant to M.G.L. c. 19C.
