Overview
The Disabled Persons Protection Commission (DPPC), established in 1987 by Chapter 19C of the Massachusetts General Laws, is an independent state agency responsible for the investigation and remediation of abuse of people with disabilities in the Commonwealth. According to its website, DPPC’s mission is “to protect adults with disabilities from the abusive acts or omissions of their caregivers through investigation, oversight, public awareness and prevention.” To carry out its mission, DPPC performs its own investigations and oversees and directs investigations conducted on its behalf by the Department of Developmental Services (DDS), the Department of Mental Health (DMH), and the Massachusetts Rehabilitation Commission (MRC). DPPC received 11,900 and 13,102 abuse reports in fiscal years 2018 and 2019, respectively.
DPPC’s website states,
The jurisdiction of DPPC includes adults with disabilities between the ages of 18 and 59, who are within the Commonwealth whether in state care or in a private setting and who suffer serious physical and/or emotional injury through the act and/or omission of their caregivers. The DPPC enabling statute fills the gap between the Department of Children and Families (DCF) (through the age of 17) and the Executive Office of Elder Affairs (EOEA) (age 60 and over) statutes.
DPPC’s three Governor-appointed commissioners report to the Governor and the Legislature. The commissioners submit an annual report to the Governor and the Legislature outlining actions they have taken; names, salaries, and duties of all employees; money DPPC has disbursed; and other matters related to DPPC’s jurisdiction that they deem necessary. The executive director, who reports to the commissioners, takes care of DPPC’s day-to-day operations and the oversight of its staff members.
During our audit period, DPPC was located at 300 Granite Street, Suite 404, in Braintree. It had approximately 50 full-time employees as of November 2019, including managers, intake specialists, oversight officers, investigators, and support employees. DPPC had state appropriations of $3.64 million in fiscal year 2018 and $4.92 million in fiscal year 2019.
FileMaker Pro
DPPC’s case management system is a customized product called FileMaker Pro. It contains confidential information about alleged abusers’ background information, abuse allegations, and investigations.
Screening of Abuse Reports Submitted through DPPC’s Hotline
Citizens and mandated reporters1 can submit abuse reports involving adults with disabilities through a 24-hour phone hotline that is operated by DPPC’s Intake Unit from 9:00 a.m. to 3:30 p.m. and by a DPPC-trained independent contractor after hours (from 3:30 p.m. to 9:00 a.m.). Although most abuse reports are submitted through the hotline, they can also be submitted via email, by fax, or in person. The Intake Unit receives, documents, and evaluates the information provided by each reporter regarding the alleged victim, the alleged abuser, and the nature of the incident.
The hotline operator ensures that the alleged victim is in a safe environment and completes an Intake Abuse Form in FileMaker Pro, where the form is assigned a unique case number and will ultimately be screened in or out for investigation. An intake or oversight manager then reviews the completed Intake Abuse Form within a day, evaluates whether the case is within DPPC’s jurisdiction, and makes the final screening decision. If the case is within DPPC’s jurisdiction, it is screened in and assigned to DDS, DMH, or MRC (depending on the alleged victim’s type of disability) to investigate on DPPC’s behalf. If it is not, the case is screened out and sent to another state agency, such as the Department of Public Health or the Executive Office of Elder Affairs, depending on the alleged victim’s type of disability, age, and location.
In addition, the Massachusetts State Police Detective Unit (SPDU) reviews all abuse reports submitted to DPPC’s hotline for indication of criminal activity. If SPDU determines that a possible criminal act has occurred, the report is forwarded to the appropriate district attorney’s office for review.
Abuse Investigations and Reports
Intake managers review screened-in cases to determine how best to protect the alleged victims. Each case is assigned to an adult protective service (APS) investigator, as well as a DPPC oversight officer who is responsible for monitoring the progress of the investigation and reviewing the resulting report for compliance with Section 5 of Title 118 of the Code of Massachusetts Regulations (CMR). The APS investigator may be from DPPC’s Investigations Unit or may be a DDS, DMH, or MRC investigator investigating on DPPC’s behalf. Factors for assigning staff members for investigation and oversight include, but are not limited to, the alleged victim’s disability; the type of allegation; DPPC investigator availability; and whether there have been multiple prior reports regarding the same victim, abuser, or program.
The investigator is required to file a report with DPPC that has two parts: an Initial Response (IR) and an Investigation Report (referred to herein as a 19C report). The IR and 19C report, when fully completed, are designed to ensure that each abuse investigation has met the minimum requirements of 118 CMR 5.02. IRs are used by investigators to document the results of their initial risk assessments and their preliminary investigation findings. Investigators must submit IRs to the DPPC Oversight Unit within 24 hours of assignment for cases determined to be emergencies2 and within 10 calendar days for non-emergency3 cases. Cases are administratively closed when facts gathered during the IR phase indicate that abuse did not occur. During our audit period, investigators completed 3,451 IRs.
The 19C report includes information intended to ensure that the investigator used evidence gained through interviews, documentation, and site visits to conclude whether it is likely that abuse occurred. Abuse is substantiated when there is enough evidence to conclude that an act, or neglect, by the alleged abuser resulted in serious physical or emotional injury to the alleged victim. Abuse is unsubstantiated when there is not enough evidence to conclude that the alleged abuser caused serious injury to the victim. The investigator must submit the 19C report, including recommendations about protective services required in order to address the situation and mitigate further risk when abuse is substantiated, to DPPC within 30 calendar days from the date the case was assigned. If the investigator cannot submit a 19C report within this timeframe and can provide a good cause (i.e., an explanation), s/he may request an extension to be approved by DPPC. DPPC’s Oversight Unit emails notices to investigative units (once a week to DPPC’s Investigations Unit and once a month to external agencies), alerting them to overdue reports. During our audit period, DPPC completed 3,291 19C reports.
If SPDU finds any indication of criminal activity during its review, it refers the case to a district attorney’s office. This may result in a criminal investigation; the district attorney’s office can request that DPPC delay its investigation until the criminal investigation ends. During that time, DPPC monitors the progress of the criminal investigation, consulting with SPDU and/or the district attorney’s office to determine when or whether DPPC’s abuse investigation can be initiated or resumed.
If the investigator substantiates abuse, the assigned protective agency, such as DDS or DMH, must submit a protective service plan (PSP) to DPPC within 30 days after the 19C report is completed. A PSP includes an assessment of the abuse incident and recommendations to protect the victim from being abused again. PSPs submitted after the due date are classified as overdue by FileMaker Pro. During our audit period, DPPC completed 640 cases with findings of substantiated abuse.
Alleged Abuser Rights
Under 118 CMR 5.02(2), alleged abusers of people with disabilities have certain rights when being interviewed as part of DPPC investigations. Recognizing its obligation to communicate these rights to alleged abusers and to document that it has done so, DPPC has developed a form called the Notice of Alleged Abusers’ Rights. Before beginning an interview, the alleged abuser is allowed time to review the form, and the investigator answers any questions the individual has about its contents.
The investigator enters a check in the box on the 19C report, documenting that the form has been provided to the alleged abuser. The investigator is allowed to mail a copy of the form or to advise the alleged abuser of his/her rights over the phone if the investigator cannot do so in person. If the investigator cannot provide notice of the rights to the alleged abuser, the investigator must record the reason in the 19C report. However, the investigator can still conduct the interview. If the investigator cannot interview the alleged abuser, s/he must record the reason in the 19C report.
After the completion of a 19C report containing a finding of substantiated abuse, DPPC mails a redacted copy of the report and a written notice to the person identified as the abuser, informing the abuser of his/her right to respond in writing to DPPC and contest the findings of the report, provided that notifying the abuser will not place the victim at risk of further harm. If the investigator believes notifying the abuser may present further risk to the victim, the investigator may recommend that the abuser not be notified of the case’s outcome. In this instance, the investigator must submit a Recommendation to Withhold Abuser Notification Form to a DPPC oversight officer. Upon receipt of the form, the DPPC oversight officer makes a copy and submits it to DPPC’s Legal Unit for approval.
| Date published: | June 16, 2021 |
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