Determination of Urgency

The Commission shall determine the urgency of all reports it receives based upon the information which the Commission deems appropriate to collect in all such cases. The urgency of these reports shall be classified: (a) Emergency; or (b) Nonemergency. (2) Emergencies. (a) If the Commission determines that an emergency exists, the Commission shall: 1. immediately refer the case to the appropriate agency pursuant to the requirements of M.G.L. c. 19C, § 4, and 118 CMR 4.05 to ensure immediate action is taken to end the emergency situation; and 2. subsequently refer the report for investigation, if appropriate. The designated investigator shall conduct and complete an initial response within 24 hours of the investigating agency's receipt of the report of the existence of an emergency and shall submit an Initial Response form as required by 118 CMR 5.02(4)(a)1: Requirements of Initial Response. (c) The designated investigator shall subsequently prepare and submit to the Commission an Investigation Report as required by 118 CMR 5.02(4)(a)2: Requirements of Investigation Report. (d) In the event that the report concerns a situation involving an immediate danger to the alleged victim, the Commission shall take appropriate steps to end the abusive situation including, but not limited to, calling local police authorities or referring the report pursuant to 118 CMR 4.05 for the provision of protective services before making a screening decision, as set out in 118 CMR 4.03. Nonemergencies. If the Commission determines that a nonemergency exists, the Commission shall: (a) note that the report has been designated a nonemergency; and refer the report to the appropriate agency within 24 hours of the day of receipt of the report; or refer the report to the appropriate agency on the next business day if the report is received by the Commission during nonbusiness hours. (4) Downgrading Urgency Determination. (a) In cases designated an emergency, the referral agency shall: 1. investigate the matter as required by M.G.L. c. 19C, and 118 CMR; 2. ensure that the emergency is ended and that the person with a disability is safe from further abuse through the implementation of protective services; 3. report to the Commission what protective actions have been offered/taken to ensure the safety of the person with a disability and confirm that the emergency situation no longer exists. Based upon all the information received by the Commission, the Commission will determine whether and when the urgency determination originally made should be downgraded.