651 Mass. Reg. 5.09

Current through Register 1523, June 7, 2024
Section 5.09 - Screening

Upon receipt of an oral or written report (whichever is received first), a Protective Services Agency shall ensure that all reports are evaluated immediately by a Protective Services Supervisor or designated backup supervisor, in order to determine the immediacy and severity of the alleged harm or risk, and the appropriate initial response.

(1)Purpose of Screening.
(a) To determine whether the allegation constitutes a Reportable Condition to the Protective Services Program/Agency, and
(b) To determine whether or not an Emergency, Rapid Response, or Routine response is needed.
(2)Screening Decisions.
(a) In determining whether there is a Reportable Condition and the level of response needed, in accord with 651 CMR 5.09(1)(a) and (b), the Protective Services Supervisor, or designated backup supervisor shall apply the facts which are alleged to the definitions of Abuse/Reportable Condition, Caretaker, Emergency and Rapid Response set forth in 651 CMR 5.02 and shall utilize any other information obtained during screening. Such information may be obtained through discussion with the reporter, examination of Protective Services Agency files and any collateral contacts necessary to clarify/verify the reported information.
(b) If the Protective Services Supervisor, or designated backup supervisor, determines that the allegation(s) constitute a reportable condition and that:
1. an Emergency exists, said supervisor shall immediately screen the report as an Emergency and assign it for an immediate Investigation as provided in 651 CMR 5.10; or
2. a condition requiring Rapid Response exists, said supervisor shall immediately screen the report as a Rapid Response and assign it for an immediate Investigation as provided in 651 CMR 5.10; or
3. no Emergency or Rapid Response condition exists, said supervisor shall complete the screening decision in a timely way, but no later than 48 hours from the time of intake. When the report is screened in, it shall be assigned for Investigation as provided in 651 CMR 5.10.
(c) If the Protective Services Supervisor or designated backup supervisor determines, based on information available in the report and obtained during screening, that there is no Reasonable Cause to Believe that the allegation constitutes a Reportable Condition, the report of abuse shall be screened out and the intake record shall be subject to expungement from the records of a Protective Services Agency in accordance with 651 CMR 5.20(12).

Where there is no Reportable Condition, said supervisor shall determine in a timely fashion, the appropriate course of action, consistent with Protective Services Agency requirements. This may include assistance to the reporter in obtaining services, including emergency services, referral for other ASAP services, and/or the provision of information and referral to the reporter regarding social, legal, health or other services which may be available to the Elder.

1. In cases involving reports from Mandated Reporters Subject to Fine and Mandated Reporters Not Subject to Fine, the Protective Services Supervisor or designated back-up supervisor shall not determine that no Reportable Condition exists without direct discussion with the reporter of Abuse.
2. The Protective Services Supervisor or designated back-up supervisor may determine that no Reportable Condition exists regarding a report from a non-mandated reporter, pursuant to M.G.L. c. 19A, § 15(c), based upon:
a. a pattern of prior reports from the reporter which, upon Investigation by a Protective Services Agency, have proved unsubstantial; or
b. persuasive information obtained by the screener from reliable sources that the report cannot be substantiated.

651 CMR 5.09

Amended by Mass Register Issue 1330, eff. 1/13/2017.