Petition for review process
Identified abusers, or their legal representatives, have the right to request a review of the findings and conclusions contained in a 19C investigation report. However, an action plan based on a 19C investigation must be appealed to the agency which developed the plan (Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Commission (MRC).
Grounds for filing a petition for review objecting to a substantiation of abuse
- The investigation report is based on an investigation which was not conducted in accordance with:
- the requirements of 118 CMR 5.02:(1); and
- which resulted in the reasonable likelihood of substantial prejudice to the petitioner;
- The preponderance of evidence does not support the conclusions reached by the investigation report; or
- The preponderance of the evidence supports a different conclusion than the conclusion reached by the investigation report.
Grounds for filing a petition for review objecting to placement on the Abuser Registry
- A care provider substantiated for registrable abuse pursuant to 118 CMR 5.02 (2) (b) may file a Petition for review to provide information that demonstrates, based upon the totality of the circumstances, the incident was isolated and unlikely to reoccur, and that the care provider is fit to provide services or supports to persons with intellectual or developmental disabilities, and that the care provider should not be placed on the registry.
- Factors that may be considered by the Commission in determining that a care provider should not be placed on the registry may include but are not limited to:
- the nature and extent of the serious physical injury, serious emotional injury, or abuse per se sustained by the person with an intellectual disability or person with a developmental disability; and
- relevant details about the care provider, such as whether the care provider received training relevant to the incident at issue; the care provider’s employment history in working with individuals with disabilities; prior instances of similar conduct by the care provider, regardless of whether said conduct constituted abuse or abuse per se; any statements or communication by the employer regarding the care provider’s work history and fitness to provide services and supports to persons with disabilities; and whether the care provider’s conduct could reasonably be addressed through training, education, rehabilitation, or other corrective employment action and the care provider’s willingness to engage in said training, education, or other corrective employment action.
How to file a petition for review
Petitions for review must be filed in writing with DPPC within ten (10) business days of the petitioner's receipt of notification and a copy of the investigation report from the Commission. Petitions for review:
- shall be in writing;
- shall set forth with sufficient specificity, including supporting evidence and documentation, the grounds for the petition; and
- shall be filed with the Executive Director of the Commission, or his or her designee.
Send your petition for review to
Disabled Persons Protection Commission
300 Granite Street, Suite 404
Braintree, MA 02184