Protection of people with disabilities from abuse, neglect and hate

Laws that protect individuals with disabilities and the agencies that enforce them

On this page, Massachusetts Office on Disability (MOD) lists the laws about abuse, neglect, and hate toward people with disabilities, and who to contact for enforcement.

• Several Massachusetts laws address hate crimes: acts or threats motivated by prejudice against people with disabilities.
• Massachusetts law prohibits the abuse and neglect of people with disabilities by caregivers. Abuse and neglect are acts or omissions which result in serious physical or emotional injury to a person. 
• There are laws providing civil rights protections to people in state care and people who have been involuntarily confined to a hospital.

There are separate additional protections for children and older adults, which are not covered here. 

MOD is not an enforcement agency. We cannot investigate allegations of abuse, neglect or hate. 

Hate crimes

Hate Crime Definition

The definition of a hate crime (M.G.L. c. 22C, Section 32) includes acts or threats motivated by prejudice against people with disabilities. 

Violations of Constitutional Rights

Violations of Constitutional Rights; Criminal Penalties (M.G.L. c. 265 Section 37)

It is a crime in Massachusetts to use force against, threaten, intimidate, or injure a person who is exercising a constitutional right. This would include the constitutional right in Massachusetts to be free from disability discrimination.

Assault or Battery

Assault or Battery (M.G.L. c. 265 Section 39(a))

It is a crime in Massachusetts to assault or batter a person with the intent to intimidate the person because of their disability.

Enforcement and Recourse for Hate Crimes and Violations of Constitutional Rights

Police enforce the laws against hate crimes. For enforcement, contact your local police department, or the police department where the incident occurred.

The Massachusetts Attorney General may bring a civil lawsuit to protect individuals’ constitutional rights:

Department of the Attorney General

Civil Rights Division
100 Cambridge Street
Boston, MA 02114
[phone] (Voice)
[phone] (TTY)

Protection from abuse or neglect by caregivers

Massachusetts Disabled Persons Protection Act (M.G.L. c. 19c)

This statute protects adults with disabilities between the ages of 18 and 59 who are within the Commonwealth and who suffer serious physical and/or emotional injury through the act and/or omission of their caregivers, whether in state care or in a private setting. Anyone suspecting abuse by caregivers can contact the Disabled Persons Protection Commission (DPPC).

“Mandated reporters” (physicians, dentists, nurses, teachers, day care workers, etc.) must report cases of suspected abuse. After the suspected abuse is reported, the DPPC investigates allegations of abuse by caretakers, and may provide protective services if appropriate.

Enforcement

Disabled Persons Protection Commission (DPPC)

300 Granite Street, Suite 404
Braintree, MA 02184
[phone]

DPPC information on reporting abuse or neglect

Rights of people who have been committed or institutionalized

Civil Rights of Institutionalized Persons

Civil Rights of Institutionalized Persons Act (42 U.S.C. Section 1997, et seq.)

The Civil Rights of Institutionalized Persons Act (CRIPA) is a federal law that authorizes the U.S. Attorney General to investigate conditions of confinement at state and local government institutions such as prisons, jails, pretrial detention centers, juvenile correctional facilities, publicly operated nursing homes, and institutions for people with psychiatric or developmental disabilities. Its purpose is to allow the Attorney General to uncover and correct widespread deficiencies that seriously jeopardize the health and safety of residents of institutions.

The Attorney General may initiate civil law suits where there is reasonable cause to believe that conditions are "egregious or flagrant," that they are subjecting residents to "grievous harm," and that they are part of a "pattern or practice" of resistance to residents' full enjoyment of constitutional or Federal rights, including Title II of the ADA and section 504 of the Rehabilitation Act.

Enforcement

For enforcement of CRIPA, contact the Department of Justice:

U.S. Department of Justice, Civil Rights Division

950 Pennsylvania Avenue, N.W.
Room 5028 Special Litigation Section – PHB
Washington, D.C. 20530
[phone] or [phone] (Voice/TTY)

Persons Receiving Services from the Massachusetts Department of Mental Health

Rights of Persons Receiving Services from the Department of Mental Health (M.G.L. c. 123, Section 23)

This law establishes the rights of individuals receiving services from the Department of Mental Health (DMH), such as access to telephones, sending and receiving mail, receiving visitors, reasonable daily access to the outdoors, and living in a humane psychological and physical environment.

Complaints

Complaints regarding the rights of persons receiving DMH services may be directed to:

Department of Mental Health

Central Office of Investigations
25 Staniford Street
Boston, MA 02114
[phone] 

For more information about the complaint process, including how to download DMH complaint forms, visit DMH’s website.

Confinement to Hospital without a Court Order

Limitation on Confinement to Hospital without a Court Order (M.G.L. c. 123, Section 12)

This statute limits the number of days a person can be confined to a hospital without a court order.

Complaints

Complaints regarding confinement to hospital without a court order may be directed to:

Department of Mental Health

Central Office of Investigations
25 Staniford Street
Boston, MA 02114
[phone] 

For more information about the complaint process, including how to download DMH complaint forms, visit DMH’s website.