Section 5.04 - Functions and Responsibilities of a Protective Services AgencyThe responsibilities of a Protective Services Agency shall include, but not be limited to, the following:
(1)Reports. (a) Receive reports of Abuse of Elders;(b) Screen such reports in accordance with 651 CMR 5.09;(c) In the event the data received is insufficient, the Protective Services Agency shall ensure a reasonable effort is made to provide an appropriate response.(2)Response. (a) Maintain the Capability to respond to an Emergency or Rapid Response situation on a 24 hour per day, seven day per week basis;(b) Maintain coordination with the Elder Abuse Hotline such that Protective Services Agency staff are available and accessible on a 24 hour, seven day per week basis including agency administrative backup to after hours on-call staff;(3)Investigations. (a) Conduct and complete Investigations of allegedly Abused Elders in accordance with 651 CMR 5.10;(b) Where an Investigation results in a finding that a Reportable Condition pursuant to 651 CMR 5.02 exists, proceed in accordance with 651 CMR 5.12 through 5.15 and 5.18;(c) Where an Investigation results in a finding that a Reportable Condition exists and that the Elder does not have the Decisional Capacity to consent and does not have a consenting Guardian, proceed in accordance with 651 CMR 5.15 through 5.18;(4)General Responsibilities.(a) Have the capability to directly provide Protective Services Casework;(b) Report certain substantiated claims of Abuse to the District Attorney of the County where the Abuse occurred in accordance with 651 CMR 5.19;(c) Contract with the Department, and other organizations and individuals, as appropriate, to implement and maintain the Protective Services Program;(d) Develop and maintain contracts for the provision of 24 hour per day Emergency Protective Services;(e) Publicize and provide education to Mandated Reporters and the general community regarding Elder Abuse, reporting requirements, and the reporting process;(f) Perform all other functions determined by the Department to be necessary for the administration of the Protective Services Program;(g) Comply with Regulations, Program Instructions, and Standards of Practice developed by the Department to implement and maintain the Protective Services Program;(h) Establish financial systems and procedures which comply with the provisions contained in 45 CFR Part 74 (Administration of Grants), Subpart H (Standards for Grantee and Sub-grantee Financial Management Systems) as well as requirements developed by the Department.(5)Appointment of a Conservator. (a) A Protective Services Agency may pursue the appointment of a Conservator if it has been determined by an Investigation that such an appointment is in the best interest of the Elder and that: 1. the Elder is suffering from a Reportable Condition;2. the Elder is in need of a Conservator pursuant to M.G.L. c. 190B;3. that Abuse of the Elder can be prevented, alleviated or eliminated by the services of a Conservator;4. the Elder has no family member or other person available, appropriate, or willing to serve as a Conservator on behalf of the Elder; and5. there is no less restrictive alternative available to alleviate or eliminate Abuse of the Elder.(b) A designated Protective Services Agency may not serve in the role of Conservator for any Elder who is a Protective Services client.(6)Appointment of a Guardian.(a) A Protective Services Agency may pursue the appointment of a Guardian if it has been determined by an Investigation that such an appointment is in the best interest of the Elder and that:1. the Elder is suffering from a Reportable Condition;2. the Elder is in need of a Guardian pursuant to M.G.L. c. 190B;3. that Abuse of the Elder can be prevented, alleviated or eliminated by services of a Guardian;4. the Elder has no family member or other person available, appropriate, or willing to serve as a Guardian on behalf of the Elder; and5. there is no less restrictive alternative available to alleviate or eliminate the Abuse.(b) Designated Protective Services Agencies may not serve in the role as Guardian for any Elder who is a Protective Service client.(7)Staff Development. On an annual basis, a Protective Service Agency shall submit to the Department a plan for staff development, including but not limited to the following: (a) Training requirements for new and existing staff;(c) Training methodology, including whether the training was instructor led, online or blended.Amended by Mass Register Issue 1330, eff. 1/13/2017.