118 CMR 8.02
Nonemergency Petitions
Pursuant to the terms and conditions contained in M.G.L. c. 19C, § 7(a), after the initiation
of an investigation pursuant to M.G.L. c. 19C, and 118 CMR, when the Commission, the
Department of Mental Health, the Department of Developmental Services, or the Massachusetts
Rehabilitation Commission, has reasonable cause to believe that a person with a disability is
suffering from abuse and lacks the capacity to consent to the provision of protective services,
said Commission, Department of Mental Health, Department of Developmental Services, or
Massachusetts Rehabilitation Commission may petition the Probate and Family Court for the
county where the person with a disability resides, for a finding that the person with a disability
lacks such capacity and requires the provision of protective services.