Code of Massachusetts Regulations
118 CMR - DISABLED PERSONS PROTECTION COMMISSION
Title 118 CMR 4.00 - Screening Of Reports And Referrals To Other Agencies
Section 4.04 - Determination of Urgency
Universal Citation: 118 MA Code of Regs 118.4
Current through Register 1531, September 27, 2024
(1) The Commission shall determine the urgency of all reports it receives based upon the information which the Commission deems appropriate to collect in all such cases. The urgency of these reports shall be classified:
(a) Emergency; or
(b) Nonemergency.
(2) Emergencies.
(a) If the Commission determines that an
emergency exists, the Commission shall:
1.
immediately refer the case to the appropriate agency pursuant to the
requirements of M.G.L. c. 19C, § 4, and
118 CMR
4.05 to ensure immediate action is taken to
end the emergency situation; and
2. subsequently refer the report for
investigation, if appropriate.
(b) The designated investigator shall conduct
and complete an initial response within 24 hours of the investigating agency's
receipt of the report of the existence of an emergency and shall submit an
Initial Response form as required by
118 CMR
5.02(4)(a)1:
Requirements of Initial Response.
(c) The designated investigator shall
subsequently prepare and submit to the Commission an Investigation Report as
required by
118 CMR
5.02(4)(a)2:
Requirements of Investigation Report.
(d) In the event that the report concerns a
situation involving an immediate danger to the alleged victim, the Commission
shall take appropriate steps to end the abusive situation including, but not
limited to, calling local police authorities or referring the report pursuant
to
118 CMR
4.05 for the provision of protective services
before making a screening decision, as set out in
118 CMR
4.03.
(3) Nonemergencies. If the Commission determines that a nonemergency exists, the Commission shall:
(a) note that the report has been designated
a nonemergency; and
(b) refer the
report to the appropriate agency within 24 hours of the day of receipt of the
report; or
(c) refer the report to
the appropriate agency on the next business day if the report is received by
the Commission during nonbusiness hours.
(4) Downgrading Urgency Determination.
(a) In cases
designated an emergency, the referral agency shall:
1. investigate the matter as required by
M.G.L. c. 19C, and 118 CMR;
2.
ensure that the emergency is ended and that the person with a disability is
safe from further abuse through the implementation of protective
services;
3. report to the
Commission what protective actions have been offered/taken to ensure the safety
of the person with a disability and confirm that the emergency situation no
longer exists.
(b) Based
upon all the information received by the Commission, the Commission will
determine whether and when the urgency determination originally made should be
downgraded.
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