The Disabled Persons Protection Commission’s jurisdiction is limited to reports of suspected abuse of disabled adults (18- 59) at the hands of their caretakers. The Commission’s Hotline number is (800) 426-9009. An onsite State Police Detective Unit reviews every complaint received by the DPPC for criminal activity. In addition to prosecuting cases involving physical harm, the State Police may prosecute crimes against property (e.g., forgery, financial exploitation). The Commission maintains a list of consultants with expertise with victims of abuse that we can access if we have concerns or questions. To access this service, you should contact Emil DeRiggi, Director of Investigations, Oversight and Prevention, at 617-727-6465.

As mandated reporters we are liable to a fine if we don’t report and also protected from liability when we report. The statute is similar to the more familiar one regarding reporting of suspected child abuse: we do not need to verify that abuse is taking place we are to report when we suspect abuse. Attny. Calderaro clarified that as social workers (whose client contacts are covered by laws about privilege), if the victim discloses abuse, but explicitly states that she/he does not want it reported then we then are no longer considered mandated reporters. We then become voluntary reporters and are free to use our clinical judgement to weigh the benefits of reporting versus the potential damage to the clinical relationship in deciding whether to report. As voluntary reporters we are protected from liability as long as the report was made in "good faith". Though it is customary in our profession to inform the patient and caretaker that we are reporting, we are not required to do so under the statute. The identity of the reporter is not public information. The DPPC will make efforts to protect the identity of the reporter; though Judge Harms noted it is an imperfect protection subject to possible disclosure by court order.

Once the allegation is reported, the DPPC either investigates the matter itself, assigns it for investigation by another agency (DMR, DMH, MRC) or it refers the matter to the state agency that has jurisdiction over that type of case. The Executive Office of Elder Affairs has primary jurisdiction over cases of suspected abuse of adults 60 years and older. As mandated reporters, staff have a responsibility to make such reports to the Elder Abuse Hotline (800) 922-2275. Attny. Calderero shared a very valuable advocacy tip. Though the DPPC does not have primary jurisdiction over cases of suspected abuse of adults 60 years and over, the Commission will take the report anyway and, when appropriate, write recommendations which then are passed on to the Executive Office of Elder Affairs. In his experience, though these are only recommendations, since they appear in writing the receiving agency tends to give them credence. Also Judge Harms noted that reports are kept on file even if screened-out. So don’t get discouraged if you file once and nothing happens. Multiple reports, even if screened out, may help establish a pattern if a case makes it to court. Another valuable advocacy tip is that the DPPC will spend as much time with you on the phone as you need to tell the details of the case and it will be documented. This can be very useful in complex cases.

The DPPC has the authority to seek Access Orders (a warrant that allows police access to the alleged victim, even if this means "kicking down" the door), and protective orders. In emergency cases the evaluation will happen within 24 hours, or if the victim is already temporarily out of the home such as in a day care center, they will come to the center. Judge Harms made the point that we may feel like our hands are tied when the suspected abuser is the legal guardian of the patient. She said in fact it is not uncommon nor difficult for the DPPC or another appropriate state agency to go to court to undo a guardianship.

Attny Calderaro offered his services as consultant as needed, and Judge Harms said that for the duration of her sabbatical she’d also be available through the CRC for questions or help with difficult cases. Copies of the handouts about the DPPC are also available through the CRC.

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