Code of Massachusetts Regulations 118 CMR - DISABLED PERSONS PROTECTION COMMISSION
Here’s an overview of 118 CMR (“Code of Massachusetts Regulations”) pertaining to the Disabled Persons Protection Commission (DPPC):
🔍 1. Scope & Authority (118 CMR 1.00)
Governed by M.G.L. c. 19C, this section establishes DPPC’s jurisdiction over allegations of abuse or retaliation involving adults (age 18–59) with disabilities—both residents and non-residents in Massachusetts. It defines how it relates to administrative hearings and its authority to maintain a registry of care providers substantiated for abuse (regulations.justia.com).
📘 2. Definitions (118 CMR 2.00)
Defines key terms critical to the Commission’s work—such as “Abuse,” “Person with a Disability,” “Mandated Reporter,” and “Registrable Abuse”—based on M.G.L. c. 19C (mass.gov).
📝 3. Reporters (118 CMR 3.00)
Specifies who qualifies as a Mandated Reporter and the required contents of a report. For instance, § 3.02 outlines the components needed in both oral and written reports (law.cornell.edu).
🚦 4. Screening & Referral (118 CMR 4.00)
Outlines how DPPC triages reports—distinguishing emergencies from non-emergencies—and the procedures for referrals to other state agencies (e.g., DCF for minors, DPH for long-term care settings) (mass.gov).
🕵️♀️ 5. Investigations (118 CMR 5.00)
Establishes investigation standards, including timelines (e.g., 45 business days for initial reports), necessary investigative steps, and DPPC’s oversight responsibility (mass.gov).
👨⚖️ 6. Commissioners’ Formal Investigations (118 CMR 6.00)
Describes the conditions and procedures for Commissioners’ Investigations—more in-depth investigations triggered when warranted (mass.gov).
🛡️ 7. Protective Services (118 CMR 7.00)
Details the process for creating protective service plans and sets a 30-day deadline for submission of a plan after investigation (law.cornell.edu).
📚 8. Protective Orders (118 CMR 8.00)
Grants DPPC authority to seek judicial protective orders on behalf of individuals at imminent risk (not covered in depth above, but included in the full code summary) (dppcmass.gov).
🗃️ 9. Records & Confidentiality (118 CMR 9.00)
Tracks DPPC’s record-handling practices, maintaining confidentiality, rules for release, redaction standards, and handling exceptions via legal process (mass.gov).
📊 10. Annual Reporting (118 CMR 10.00)
Sets an annual reporting schedule, due by September 15, to the Governor and legislature, detailing case statistics, recommendations, and activities of the Special Investigations Unit (mass.gov).
🤝 11. Interagency Agreements (118 CMR 11.00)
Authorizes DPPC to form agreements with state, federal, or private entities to fulfill its mandate (mass.gov).
❌ 12. Non-Discrimination (118 CMR 12.00)
Ensures DPPC will not discriminate against any participant in its investigations (mass.gov).
🗣️ 13. Advisory Council (118 CMR 13.00)
Establishes an Advisory Council (3–15 members) to advise policy, appointing a Chair annually, and meeting at least once per year (mass.gov).
🏛️ 14. Objections & Review (118 CMR 14.00)
Details how care providers can object to findings, petition for registry removal after five years, and outlines review processes through the Division of Administrative Law Appeals (dppcmass.gov).
📝 15. Registry Procedures (118 CMR 15.00)
Addresses procedures related to care provider hiring and retention for those listed on the DPPC registry (not covered in detail above).
🔗 Where to Find the Full Text
The official Mass.gov website offers downloadable PDFs of each part (e.g., definitions, objections) (malegislature.gov, mass.gov).
The Massachusetts Secretary of State Bookstore sells a printed compilation of all sections (1.00–14.00) (sec.state.ma.us).
Justia and Cornell’s Legal Information Institute host searchable versions, up-to-date through March 14, 2025 .
✅ Summary
118 CMR forms the regulatory bedrock for DPPC’s operations—from defining jurisdiction and terms, through reporting, investigation, protective action, recordkeeping, annual reporting, non-discrimination, advisory input, and review processes. It ensures accountability, protection, and due process for adults with disabilities subject to abuse or neglect.
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