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The CHD's and its subcontractor’s human rights committees did not review all complaint resolutions for persons served at its DDS and DMH group homes and programs.

By not reviewing all complaints, CHD and its subcontractor did not provide a level of oversight that would ensure that the right of persons served to appeal a complaint resolution was adequately protected in matters of alleged abuse, mistreatment, or neglect.

Table of Contents

Overview

The Center for Human Development's (CHD's) and its subcontractor's human rights committees (HRCs) did not review 14 of 62 Department of Mental Health (DMH) complaints that were resolved during the audit period. CHD's HRC did not review the resolutions of 10 complaints that originated at CHD-run DMH group homes or programs. The subcontractor's HRC did not review the resolutions of 4 complaints that originated at CHD-subcontracted DMH group homes or programs. Additionally, the HRC did not review 9 of 77 Department of Developmental Services (DDS) complaints that were resolved during the audit period.

Because they did not ensure that their HRCs reviewed all complaints involving the human rights of persons served, CHD and its subcontractor did not provide a level of oversight that would ensure that the right of persons served to appeal a complaint resolution was adequately protected in matters of alleged abuse, mistreatment, or neglect.

Authoritative Guidance

Section 4(1)(c) of Article II of CHD's Human Rights Committee By-Laws states,

The [HRC] has . . . powers and duties [that include] review of all human rights complaints or grievances filed on behalf [of] or by clients, including related appeals and decisions, ensuring that the interests of individuals are adequately protected in matters of allegations of abuse, mistreatment, or neglect.

Section 1 of Article VII of the bylaws states that the HRC also has the following duties:

To ensure that the interest of the individuals residing or working at [CHD] are adequately protected when complaints are filed on their behalf, alleging abuse or mistreatment; to file such a complaint at the request of individuals or on the committee motion; to be a party to all complaints involving individuals serviced by [CHD] and [as] such receive and review copies of all reports, and appeals, notice and other significant documents relevant to such complaints.

Reason for Issue

The HRC's process for monitoring and reviewing DDS and DMH person-served complaints is not documented. Additionally, there are no procedures in place for CHD oversight to ensure that the subcontractor's HRC review complaints that originate in subcontracted DMH group homes and programs.

Recommendations

  1. CHD should document and implement procedures detailing the process for monitoring and reviewing all DDS and DMH person-served complaints.
  2. CHD should document and implement its oversight procedures to ensure that the subcontractor’s HRC reviews complaints that originate in subcontracted DMH group homes and programs.

Auditee's Response

CHD is engaged in improving its processes to ensure that the Human Rights Committee reviews all relevant human rights complaints pertaining to its DDS and DMH group homes. These efforts include buildout of the Organizational Excellence Division, creating two new senior compliance roles (Chief Compliance Officer and Vice President of Compliance), hiring highly experienced personnel for those roles and renewing the agency’s focus on compliance, including protection of the rights of individuals served. CHD is also reorganizing its systems for filing and tracking complaints and has instituted a new internal policy regarding reporting of incidents to the Organizational Excellence Division. These efforts will improve corporate awareness of complaints and better position CHD to bring those matters requiring review to the attention of the Human Rights Committee.

Auditor's Reply

Based on this response, CHD is taking measures to address our concerns on this matter.

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