Section 5.10 - InvestigationInvestigation is the process of objective information gathering for the purpose of:
(a) assessing the allegations of Abuse reported;(b) evaluating the condition of the Elder including the Decisional Capacity and Functional Capacity of the Elder to determine if there is Reasonable Cause to Believe that the Elder is suffering from Abuse.(c) establishing a basis for offering services if the existence of Abuse is confirmed. The content and results of the Investigation shall be transcribed into the online record system as directed by the Department and shall document the evidence upon which a determination of the existence or absence of Abuse was based. At a minimum, the Investigation shall produce the following:
(1)Content.(a) The identity of the allegedly Abused Elder;(b) The nature, extent, and cause(s) of the alleged serious physical or emotional injury or Financial Exploitation;(c) The identity of the person(s) or support system of Caretakers alleged to be responsible for the alleged injuries;(d) A determination of the Decisional Capacity, Functional Capacity and a determination of the social, physical, and emotional needs of the Elder;(e) All information necessary to determine if any Reportable Condition exists;(f) The Investigation summary shall address all allegations reported and all additional types of Abuse identified during the Investigation whether or not the completed Investigation resulted in Reasonable Cause to Believe that Abuse exists.(2)Process. (a) One or more visits to the residence of the Elder: or, if such a visit is not possible, one or more in-person interviews with the Elder at a location other than the Elder's residence.(b) For all reports screened as an Emergency a Protective Services Agency shall: 1. immediately initiate the Investigation;2. assess the Emergency needs of the allegedly Abused Elder within 24 hours of the receipt of the report. This shall include determination of the need for an in home visit and/or other response, and initiation of this response, within five hours of the receipt of the report;3. provide services to alleviate the Emergency condition including a petition to the Court for an Emergency order of Protective Services pursuant to M.G.L. c. 19A, § 20(b), where appropriate in accordance with 651 CMR 5.16 and 5.17;4. if it is determined that a home visit or in-person interview with the Elder is not immediately required as determined under 651 CMR 5.10(2)(b)2., such visit or interview must be conducted as soon as possible, but within five days of the receipt of the report in order to assess possible risk to the Elder;5. complete the Investigation within 30 calendar days.(c) For all reports screened as Rapid Response, a Protective Services Agency shall: 1. immediately initiate the Investigation;2. assess the Rapid Response needs of the allegedly Abused Elder within 72 hours of the receipt of the report. This shall include determination of the need for an in home visit and/or other response, and initiation of this response, within 24 hours of the receipt of the report;3. provide services to alleviate the Rapid Response situation, where appropriate, and consistent with 651 CMR 3.00: Home Care Program, 5.00 and M.G.L. c. 19A, § 4B and any applicable Regulations;4. if it is determined that a home visit or in-person interview with the Elder is not immediately required as determined under 651 CMR 5.10(2)(c)2., such visit or interview must be conducted as soon as possible, but within five days of the receipt of the report in order to assess possible risk to the Elder;5. complete the Investigation within 30 calendar days.(d) For other non-emergency reports, a Protective Services Agency shall: 1. immediately initiate the Investigation;2. make the first home visit or in-person interview with the Elder as soon as possible, but within five days of the receipt of the report in order to assess possible risk to the Elder;3. complete the Investigation within 30 calendar days.(e) During the home visit or in-person interview for either an Emergency or a non-emergency situation, written notification, in a format provided by the Department, shall be given to the Elder that an Investigation is being conducted and that she/he has a right to review the Protective Services file. In situations in which the Protective Services Caseworker is unable to visit or speak with the Elder alone, factors placing the Elder at risk should be considered in determining when and how to present the written notice. If the Protection Services Caseworker is unable to conduct an in-person interview with the Elder, risk factors should also be considered in determining the appropriateness of mailing the written notification.(f) Interviews with other members of the Elder's household.(g) Collateral contacts with other services agencies, other professionals, and other individuals involved with the Elder.(h) The Protective Services Caseworker shall neither confirm nor deny the identity of the reporter. (3) If any person other than the Elder who is the subject of the report prevents the Protective Services Caseworker from gaining access to the Elder, the Protective Services Caseworker, in conjunction with his or her supervisor, will evaluate any information which indicates a safety risk to the Elder or the Caseworker and make a decision whether or not to request assistance from a law enforcement agency in visiting the Elder.Amended by Mass Register Issue 1330, eff. 1/13/2017.