Scope of Responsibilities of the Department's Investigations Division

(1) The Department's investigation division shall investigate or otherwise determine the merit or facts of any of the following, in accordance with 115 CMR 9.10: (a) Complaints referred/assigned to it by the DPPC pursuant to M.G.L. c. 19C. (b) Any complaint outside the jurisdiction of the DPPC alleging abuse, abuse per se, assault, sexual abuse, or financial exploitation of an individual unless another state agency possesses exclusive legal or regulatory authority to investigate. (c) Notwithstanding any other provision to the contrary, the commissioner or designee may direct an investigation to be conducted upon determination an investigation is warranted, as in the best interest of an individual, the public or the Department. (2) The senior investigator shall refer a complaint to the regional director or designee for administrative review and resolution where the complaint alleges an incident, condition, or occurrence that is outside the scope 115 CMR 9.05(1) but presents a serious risk of harm to an individual. (3) The senior investigator shall refer a complaint directly to the CRT for review and resolution where the complaint alleges an incident, condition, or occurrence that is outside the scope of 115 CMR 9.05(1) and (2) but raises a concern for the individual’s health and welfare and warrants review and response by the CRT. (4) The following shall be considered to be outside the scope of 115 CMR 9.00: (a) Allegations about the need for or appropriateness of services for an individual that can be addressed through the service planning process in accordance with 115 CMR 6.00: Eligibility, Individual Support Planning and Appeals; and, (b) Allegations about violations of standards for services and supports set forth in 115 CMR 7.00: Standards for All Services and Supports that can be addressed through 115 CMR 8.00: Licensure and Certification of Providers. (5) All persons involved in investigating or reviewing complaints shall perform their role in an impartial and objective manner. Anyperson who believes that they, or any other person involved in investigating or reviewing a complaint, cannot act on a matter impartially or objectively, in fact or appearance, shall disclose such to supervisory staff authorized to take appropriate action, including reassignment of responsibilities to other appropriate persons.