Removal of Care Provider's Name from the Registry: Petitions for Removal

Five years following the entry of the care provider's name on the registry as provided in 118 CMR 14.03, or five years after the conclusion of any prior petition initiated under 118 CMR 14.04, the registered abuser shall have the right to petition for removal from the registry. (a) Said petition shall be in the form as prescribed by 118 CMR 14.02(4)(a)1.; and Said petition shall set forth the grounds on which the registered abuser asserts that, based upon the preponderance of evidence, in considering the totality of the circumstances it is no longer in the interest of persons with intellectual or developmental disabilities and it is no longer in the public interest to exclude the registered abuser from working as a care provider. (2) In reviewing a petition filed pursuant to this section, the Commission's consideration of the totality of the circumstances since the care provider's name was entered on the registry or the last petition for removal may include, but need not be limited to, the following factors: (a) The nature and seriousness of the offense that caused the care provider to be placed on the registry; (b) any subsequent education, training, counseling, or other efforts at rehabilitation made by the registered abuser; (c) the registered abuser's employment history, including statements of current or former employers; (d) any statement or communication by the victim of registrable abuse or if applicable, his or her legal representative; (e) the status or outcome of any criminal investigation or proceeding related to the abuse at issue; (f) the outcome of any other regulatory, administrative, licensing, or disciplinary proceeding pertaining to the registered abuser; and (g) any material changes in life circumstances of the registered abuser.