Code of Massachusetts Regulations
651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS
Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program
Section 5.10 - Investigation
Universal Citation: 651 MA Code of Regs 651.5
Current through Register 1531, September 27, 2024
Investigation is the process of objective information gathering for the purpose of:
(a) assessing the allegations of Abuse reported;
(b) evaluating the condition of the Elder including the Decisional Capacity and Functional Capacity of the Elder to determine if there is Reasonable Cause to Believe that the Elder is suffering from Abuse.
(c) establishing a basis for offering services if the existence of Abuse is confirmed.
The content and results of the Investigation shall be transcribed into the online record system as directed by the Department and shall document the evidence upon which a determination of the existence or absence of Abuse was based. At a minimum, the Investigation shall produce the following:
(1)
Content.
(a) The
identity of the allegedly Abused Elder;
(b) The nature, extent, and cause(s) of the
alleged serious physical or emotional injury or Financial
Exploitation;
(c) The identity of
the person(s) or support system of Caretakers alleged to be responsible for the
alleged injuries;
(d) A
determination of the Decisional Capacity, Functional Capacity and a
determination of the social, physical, and emotional needs of the
Elder;
(e) All information
necessary to determine if any Reportable Condition exists;
(f) The Investigation summary shall address
all allegations reported and all additional types of Abuse identified during
the Investigation whether or not the completed Investigation resulted in
Reasonable Cause to Believe that Abuse exists.
(2)
Process.
(a) One or more visits to the residence of
the Elder: or, if such a visit is not possible, one or more in-person
interviews with the Elder at a location other than the Elder's
residence.
(b) For all reports
screened as an Emergency a Protective Services Agency shall:
1. immediately initiate the
Investigation;
2. assess the
Emergency needs of the allegedly Abused Elder within 24 hours of the receipt of
the report. This shall include determination of the need for an in home visit
and/or other response, and initiation of this response, within five hours of
the receipt of the report;
3.
provide services to alleviate the Emergency condition including a petition to
the Court for an Emergency order of Protective Services pursuant to M.G.L. c.
19A, § 20(b), where appropriate in accordance with
651 CMR
5.16 and
5.17;
4. if it is determined that a home visit or
in-person interview with the Elder is not immediately required as determined
under 651 CMR 5.10(2)(b)2., such visit or interview must be conducted as soon
as possible, but within five days of the receipt of the report in order to
assess possible risk to the Elder;
5. complete the Investigation within 30
calendar days.
(c) For
all reports screened as Rapid Response, a Protective Services Agency shall:
1. immediately initiate the
Investigation;
2. assess the Rapid
Response needs of the allegedly Abused Elder within 72 hours of the receipt of
the report. This shall include determination of the need for an in home visit
and/or other response, and initiation of this response, within 24 hours of the
receipt of the report;
3. provide
services to alleviate the Rapid Response situation, where appropriate, and
consistent with
651
CMR 3.00: Home Care Program, 5.00 and
M.G.L. c. 19A, § 4B and any applicable Regulations;
4. if it is determined that a home visit or
in-person interview with the Elder is not immediately required as determined
under 651 CMR 5.10(2)(c)2., such visit or interview must be conducted as soon
as possible, but within five days of the receipt of the report in order to
assess possible risk to the Elder;
5. complete the Investigation within 30
calendar days.
(d) For
other non-emergency reports, a Protective Services Agency shall:
1. immediately initiate the
Investigation;
2. make the first
home visit or in-person interview with the Elder as soon as possible, but
within five days of the receipt of the report in order to assess possible risk
to the Elder;
3. complete the
Investigation within 30 calendar days.
(e) During the home visit or in-person
interview for either an Emergency or a non-emergency situation, written
notification, in a format provided by the Department, shall be given to the
Elder that an Investigation is being conducted and that she/he has a right to
review the Protective Services file. In situations in which the Protective
Services Caseworker is unable to visit or speak with the Elder alone, factors
placing the Elder at risk should be considered in determining when and how to
present the written notice. If the Protection Services Caseworker is unable to
conduct an in-person interview with the Elder, risk factors should also be
considered in determining the appropriateness of mailing the written
notification.
(f) Interviews with
other members of the Elder's household.
(g) Collateral contacts with other services
agencies, other professionals, and other individuals involved with the
Elder.
(h) The Protective Services
Caseworker shall neither confirm nor deny the identity of the reporter.
(3) If any person other
than the Elder who is the subject of the report prevents the Protective
Services Caseworker from gaining access to the Elder, the Protective Services
Caseworker, in conjunction with his or her supervisor, will evaluate any
information which indicates a safety risk to the Elder or the Caseworker and
make a decision whether or not to request assistance from a law enforcement
agency in visiting the Elder.
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