Code of Massachusetts Regulations
651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS
Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program
Section 5.04 - Functions and Responsibilities of a Protective Services Agency

Universal Citation: 651 MA Code of Regs 651.5

Current through Register 1531, September 27, 2024

The responsibilities of a Protective Services Agency shall include, but not be limited to, the following:

(1) Reports.

(a) Receive reports of Abuse of Elders;

(b) Screen such reports in accordance with 651 CMR 5.09;

(c) In the event the data received is insufficient, the Protective Services Agency shall ensure a reasonable effort is made to provide an appropriate response.

(2) Response.

(a) Maintain the Capability to respond to an Emergency or Rapid Response situation on a 24 hour per day, seven day per week basis;

(b) Maintain coordination with the Elder Abuse Hotline such that Protective Services Agency staff are available and accessible on a 24 hour, seven day per week basis including agency administrative backup to after hours on-call staff;

(3) Investigations.

(a) Conduct and complete Investigations of allegedly Abused Elders in accordance with 651 CMR 5.10;

(b) Where an Investigation results in a finding that a Reportable Condition pursuant to 651 CMR 5.02 exists, proceed in accordance with 651 CMR 5.12 through 5.15 and 5.18;

(c) Where an Investigation results in a finding that a Reportable Condition exists and that the Elder does not have the Decisional Capacity to consent and does not have a consenting Guardian, proceed in accordance with 651 CMR 5.15 through 5.18;

(4) General Responsibilities.

(a) Have the capability to directly provide Protective Services Casework;

(b) Report certain substantiated claims of Abuse to the District Attorney of the County where the Abuse occurred in accordance with 651 CMR 5.19;

(c) Contract with the Department, and other organizations and individuals, as appropriate, to implement and maintain the Protective Services Program;

(d) Develop and maintain contracts for the provision of 24 hour per day Emergency Protective Services;

(e) Publicize and provide education to Mandated Reporters and the general community regarding Elder Abuse, reporting requirements, and the reporting process;

(f) Perform all other functions determined by the Department to be necessary for the administration of the Protective Services Program;

(g) Comply with Regulations, Program Instructions, and Standards of Practice developed by the Department to implement and maintain the Protective Services Program;

(h) Establish financial systems and procedures which comply with the provisions contained in 45 CFR Part 74 (Administration of Grants), Subpart H (Standards for Grantee and Sub-grantee Financial Management Systems) as well as requirements developed by the Department.

(5) Appointment of a Conservator.

(a) A Protective Services Agency may pursue the appointment of a Conservator if it has been determined by an Investigation that such an appointment is in the best interest of the Elder and that:
1. the Elder is suffering from a Reportable Condition;

2. the Elder is in need of a Conservator pursuant to M.G.L. c. 190B;

3. that Abuse of the Elder can be prevented, alleviated or eliminated by the services of a Conservator;

4. the Elder has no family member or other person available, appropriate, or willing to serve as a Conservator on behalf of the Elder; and

5. there is no less restrictive alternative available to alleviate or eliminate Abuse of the Elder.

(b) A designated Protective Services Agency may not serve in the role of Conservator for any Elder who is a Protective Services client.

(6) Appointment of a Guardian.

(a) A Protective Services Agency may pursue the appointment of a Guardian if it has been determined by an Investigation that such an appointment is in the best interest of the Elder and that:
1. the Elder is suffering from a Reportable Condition;

2. the Elder is in need of a Guardian pursuant to M.G.L. c. 190B;

3. that Abuse of the Elder can be prevented, alleviated or eliminated by services of a Guardian;

4. the Elder has no family member or other person available, appropriate, or willing to serve as a Guardian on behalf of the Elder; and

5. there is no less restrictive alternative available to alleviate or eliminate the Abuse.

(b) Designated Protective Services Agencies may not serve in the role as Guardian for any Elder who is a Protective Service client.

(7) Staff Development. On an annual basis, a Protective Service Agency shall submit to the Department a plan for staff development, including but not limited to the following:

(a) Training requirements for new and existing staff;

(b) Training curricula;

(c) Training methodology, including whether the training was instructor led, online or blended.

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