103 Mass. Reg. 460.07

Current through Register 1523, June 7, 2024

Section 460.07 - Criteria for Transfer

(1) The resident may be transferred based upon any one of the criteria listed in 103 CMR 460.07(1)(a) through (e):

(a) Unamenability to treatment; or

(b) Unwillingness to follow treatment recommendations; or

(c) Lack of progress in treatment.

For purposes of 103 CMR 450.07(1)(a) through 460.07(1)(c) the criteria pertaining to treatment failure will be met if, in the judgment of the Clinical Director of Treatment, the resident has failed appreciably to participate in treatment or to achieve treatment goals during the previous six month period.

(d) The danger posed by the resident to other residents or to staff at the Treatment Center; or

(e) The degree of security necessary to protect the public.

For the purpose of 103 CMR 460.07(1)(d), the criteria relating to security will be met if the resident poses a danger of physical harm to himself or others as manifested through threats or assaults, escape, attempted escape, or a serious risk of escape.

(2) The resident may request to be transferred voluntarily upon a written request to the clinical director.

103 CMR 460.07