Emergency Provision of Supports

(1) When there is reason to believe that a person has intellectual disability, Autism Spectrum Disorder, Smith-Magenis Syndrome, Prader-Willi Syndrome or, in the case of a person younger than 22 years of age, the person is eligible for Children's Supports if the absence of supports creates a serious or immediate threat to the health or safety of the person or others, a regional or area office of the Department may provide or arrange for supports to such person, subject to the consent of the person or guardian, or may take such other action as it considers appropriate and within its legal and programmatic capacity, without prior determination of eligibility under 115 CMR 6.02 through 6.06. (2) As soon as practicable, but within 24 hours of the initial provision of emergency supports, the regional director or the area director shall notify: (a) the guardian of the person, if any and if ascertainable; and (b) family members, friends, or other concerned and relevant persons whether or not named by the person, unless he or she knowingly objects. (3) Subject to approval of the area director, emergency supports may be provided until such time as eligibility is determined in accordance with 115 CMR 6.02 through 6.08, or until the emergency circumstances end, whichever occurs first.