Section 18. (a) The department or its designated agency shall assess and evaluate the information reported pursuant to the provisions of section fifteen.
Such assessment shall include a visit to the residence of the elderly person who is the subject of the report and may include consultations with appropriate service agencies and individuals who have knowledge of the elderly person's situation including the person filing the report. The elderly person who is the subject of the report shall receive written notice that an assessment is being conducted and shall have the right to review the file and report developed as a result of the assessment.
If the assessment results in a determination that the elderly person is suffering from abuse, the department or the designated agency shall evaluate the elderly person's functional capacity, situation, and resources and shall develop a service plan for the provision of protective services. Said plan shall be appropriate to the needs of the elderly person and shall utilize the least restrictive alternatives.
The department shall adopt rules and regulations establishing time limits for the completion of assessments and evaluations and for the implementation of service plans; provided, however, that if an emergency exists, assessments shall be completed within twenty-four hours of the receipt of the report.
If an assessment results in a determination that the elderly person has suffered serious abuse, the department or designated agency shall report such determination to the district attorney of the county where the abuse occurred within forty-eight hours. The district attorney may investigate and decide whether to initiate criminal proceedings.
(b) The department or the designated agency shall provide or arrange for protective services in accordance with the service plan developed pursuant to the provisions of subsection (a). Protective services shall include, but not be limited to, the following: the capacity to respond to an emergency; protective services case work; the capacity to provide or arrange for a homemaker, home-health aide, transportation, legal assistance, counseling, nutrition services, guardianship and conservatorship, protective order through the court, emergency shelter, foster care, and adult day care services.
The department or the designated agency is authorized to arrange for additional services necessary to assist and protect elderly persons who have been abused, including, but not limited to, the following: medical care, mental health care and emergency financial assistance.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 19a - Department of Elder Affairs
Section 1 - Establishment; Secretary, Powers and Duties
Section 2 - Offices of Administration and of Program Planning and Management; Assistant Secretaries
Section 3 - Divisions and Administrative Units; Directors; Description of Organization, Filing
Section 4a - Sliding Fee Scale for Home Care Services; Financial Eligibility Limits
Section 4b - Aging Services Access Points
Section 4d - Home Care Worker Registry
Section 5 - Citizen Advisory Boards
Section 7 - Acceptance of Gifts or Grants
Section 8 - Employees; Appointments and Removal; Age Restriction
Section 9 - Experts and Technical Consultants; Appointment
Section 10 - Civil Service Status or Tenure of Employees
Section 11 - Interagency Cooperation
Section 14 - Definitions Applicable to Secs. 14 to 26
Section 15 - Reports of Abuse; Liability
Section 16 - Protective Services System
Section 17 - Protective Services Agencies; Authorized Activities
Section 19 - Consent to Protective Services; Interference With Provision of Services
Section 21 - Geriatric Evaluation Process
Section 22 - Financial Eligibility Guidelines; Reimbursements by Elderly Persons
Section 23 - Records; Disclosure; Destruction; Regulations; Penalties
Section 25 - Rules and Regulations
Section 26 - Powers and Responsibilities of Other Departments or Agencies
Section 36 - Eligibility for Public Assistance Programs; Reverse Mortgage Proceeds
Section 37 - Hot Lunch Program; Incorporation Into School Lunch Program
Section 38 - Liability of Counselors and Coordinators; Description of Duties and Responsibilities
Section 40 - Prescription Drug Review Commission; Membership; Recommendations
Section 41 - Veterans Independence Plus Initiative Trust Fund
Section 42 - Commission on Malnutrition Prevention Among Older Adults