Page 4 B UILDING P ARTNERSHIPS FOR THE P ROTECTION OF PERSONS WITH DISABILITI ES The Commonwealth of Massachusetts Disabled Persons Protection Commission The Building Partnerships Initiative The Steering Committee Building Partnerships for the Protection of Persons with A “Building Partnerships” steering committee, chaired by Northwestern District Attorney Scheibel, Disabilities (BPI) is a statewide Massachusetts initi- ative that, using a multidisciplinary approach, links was formed to facilitate the grant’s legislative and law enforcement, adult protection, human ser- training activities. Through the efforts of the steer- 300 Granite Street, Suite 404 Abuse and Neglect of Persons with Disabilities ing committee, local and state police, civil investiga- vices and others to address violence committed Braintree, MA 02184 against persons with disabilities. The partnership tors, victim witness advocates, assistant district at- Phone: (617) 727-6465 was formed in 1999 to effectively address abuse, torneys and human service providers have received FAX: (617) 727-6469 neglect and crimes committed against persons training in recognizing, reporting, investigating and Web: http://www.mass.gov/dppc What is the Disabled Persons Protection Commission? with disabilities. In addition, the partnership was prosecuting crimes committed against persons with HOTLINE: (800) 426-9009 created to respond to the fact that crimes com- disabilities. Legislation has been filed calling for en- (888) 822-0350 TTY The Disabled Persons Protection Role of the D.P.P.C. mitted against persons with disabilities in the hanced penalties for those who commit crimes Commission (DPPC) is an independent In cases of suspected physical, emotional Commonwealth were not being recognized or against persons with disabilities. Charles D. Baker Governor state agency created by legislation in 1987. and sexual abuse or neglect of a person with reported to the appropriate authorities. Having Karyn E. Polito Lt. Governor Massachusetts General Law chapter 19C mental or physical disabilities, the DPPC: started as a federally funded Byrne grant program, In addition, the steering committee, with the Massa- James T. Brett Chairperson (M.G.L. c. 19C) established the DPPC to BPI is currently funded through an award to the chusetts Continuing Legal Education (MCLE), de-  Receives and screens reports of suspected Yndia Lorick-Wilmot, Ph.D. Commissioner protect adults with mental and physical abuse, neglect and deaths through a Hampden District Attorney’s Office from the veloped “A Practical Guide to the Reporting, Inves- disabilities, between the ages of 18 and Maurice Medoff Commissioner 24-Hour Hotline Department of Developmental Services (DDS). tigation and Prosecution of Crimes Committed 59, from abuse or neglect by their care- Nancy A. Alterio Executive Director  Conducts investigations Against Persons with Disabilities.” The guide was giver(s) whether in a private, family or state distributed to all the courthouses in Massachusetts.  Oversees investigations conducted on The Memorandum of Understanding care setting. The DPPC enabling statute DPPC’s behalf by other state agencies: The partnership initiative brings together, through fills the gap between the child abuse Department of Developmental Services formal Memorandums of Understanding (MOU), Criminal Investigations (through the age of 17) and elder abuse (age With the inception of the MOU, in fiscal year 2017, (DDS), Department of Mental Health the District Attorney, DPPC, human service or- 60 and over) statutes. (DMH) and the Massachusetts Rehabilita- 1,478 cases were investigated criminally resulting in ganizations and law enforcement agencies in each tion Commission (MRC) at least 82 criminal complaints. The following graph county. The goals of the initiative are to provide Mission Statement  Ensures that the appropriate protective protection, treatment and continuity of care for depicts the increase in abuse reports referred to the services are provided when abuse has district attorneys for criminal investigation and pos- The mission of the DPPC is: persons with disabilities who are victims of a been substantiated or risk is determined crime; to increase awareness of crimes being com- sible prosecution for fiscal years 1997 through 2017. Special Point of Interest “To protect adults with disabilities  Provides training and education for from the abusive acts or omissions of mitted against persons with disabilities; to increase Abuse Reports Referred to District Attorney from FY1997-FY2017 This booklet was made possible through service providers, law enforcement a grant provided by the Executive Office their caregivers through investiga- personnel and the public communication and cooperation between law 1,536 enforcement and agencies providing services to 1600 1,425 1,478 of Public Safety (EOPS). tion oversight, public awareness and  Provides assistance to the public in clari- 1400 persons with disabilities; and to ensure that crimes prevention." fying the presence of abuse and neglect 1200 1,053 committed against persons with disabilities are 996 Inside this brochure: 1000 835 promptly reported, investigated by trained law 793 800 645 Vulnerability enforcement personnel and prosecuted by the 600 477 What is the DPPC? 1 District Attorneys. 400 238 152 According to the United States Department 92 139 109 116 123 124 126 82 Vulnerability of the 1 200 32 0 39 of Justice, there are 54 million Americans 0 Disabled Goals of the Initiative FY 1997 FY 1999 FY 2001 FY 2003 FY 2005 FY 2007 FY 2009 FY 2011 FY 2013 FY 2015 FY 2017 living with disabilities. Persons with disabil-  Provide protection, treatment and continuity of Criminal Investigations Charges Mandated Reporters 2 ities are some of our most vulnerable citi- care for persons with disabilities who are vic- How To File A Report 2 zens. The vulnerability of a person with a tims of a crime The “Building Partnerships” initiative continues to disability is heightened especially when they enhance the safety and well being of persons with  Increase awareness of crimes being committed The State Police 2 are dependent upon a caretaker. Assistance disabilities and provides the groundwork for effec- against persons with disabilities Detective Unit with daily living activities such as bathing, tive prevention strategies. The initiative has changed  Increase communication and cooperation be- Statutory Definitions 2 dressing and personal hygiene fosters the way we, in Massachusetts, address crimes com- dependence and requires close personal tween law enforcement and agencies providing mitted against persons with disabilities and it affords services to people with disabilities Types of Abuse 3 contact between the caretaker and a person victims with disabilities the same protections and with a disability. Persons with disabilities  Ensure that crimes committed against persons Indicators of Abuse 3 rights as the public at large. may have an impairment of those abilities with disabilities are promptly reported, investi- critical for self-defense and avoidance of gated by trained law enforcement personnel and Abuse Prevention 3 If you would like additional information violence, including communication or phys- prosecuted by the district attorneys on the Building Partnerships Initiative, Building Partnerships 4 ical challenges. These situations are unique please call (617) 727-6465 x234. Initiative and place persons with disabilities at greater risk of sexual assault and abuse. Building Partnerships Initiative, c/o DPPC, 300 Granite Street, Suite 404, Braintree, MA 02184 ■ Phone: (617) 727-6465 Page 2 Page 3

What Is A Mandated Reporter? Types of Abuse Mandated Reporters are persons who, as a What Is Reportable? Physical Neglect Emotional & Verbal Sexual Statutory result of their profession, are more likely to be The standard for reporting suspected abuse or aware of abuse of persons with disabilities. Definitions  Puncture wounds  Patient on Patient abuse  Screaming, shouting,  Torn clothing neglect in Massachusetts is any situation where Mandated Reporters are required, by law, to  Bruises on several different  Dehydration yelling, cursing  Stained clothing there is a reasonable suspicion to believe that Abuse: a serious physical or emo- report cases of suspected abuse to the DPPC surface areas  Malnutrition, constant  Threatening violence  Stained bed/bedding abuse or neglect exists. Neglect may include tional injury to a disabled person, when they have a suspicion that a person with a  Bruises in various stages of hunger  Name-calling, belittling,  Difficulty walking patient on patient abuse. which results from an act or omis- healing  Inadequate living condi-  Making discriminatory  Difficulty sitting disability is suffering from a reportable condi- sion, including unconsented to  Multiple bruises, or bruises tions remarks  Vaginal bleeding tion of abuse or neglect. Mandated Reporter Protection sexual activity. forming patterns or clusters  Lack of supervision  Mimicking, cruel teasing  Rectal bleeding In Massachusetts, mandated reporting is an Mandated Reporters are immune from civil or Act or Omission: An Act is defined  Human bite marks  Outdated/unmarked medi-  Telling lies  Itching or swelling in the individual responsibility. Generally speaking, it criminal liability as a result of making a report. as "...a caretaker's intentional,  Fracture to ribs, skull, arms cations are present  General harassment genital area is up to the individual reporter to be certain that Non-mandated Reporters are also protected reckless or negligent action." An and leg bones  Decubiti (bedsores), skin  Sexual harassment  Pain in the genital area a report of suspected abuse or neglect is filed. providing the report was made in “good faith.” Omission is defined as "...a caretak-  Unexplained internal inju- rashes, lice  Humiliation  Bruising in the genital area Mandated Reporters should not rely on In addition, the DPPC will conduct investiga- er's failure to take action to protect ries  Evidence of poor hygiene  Threatening withdrawal of  Bruising of the inner thighs others to file reports for them. tions into allegations that people have been or provide for the daily living needs  Bilateral bruises (e.g. top  Lack of clothing, improp- food, shelter, care, clothes,  Incontinence of a disabled person." retaliated against for providing information to of shoulders, both sides of erly clothed possessions or necessary  Pregnancy face, insides of thighs) Who are Mandated Reporters? the DPPC. Caretaker: is defined as "A disa-  Unattended physical, med- equipment  Vaginal infections  Burns shaped like an object ical, mental conditions  Using demeaning labels * Medical personnel * Medical examiners bled person's parent, guardian, or  Sexually transmitted Failure to Report other person or agency responsible (e.g. iron, cigarette) espe-  Lack of needed adaptive  Degrading diseases * Social workers * Foster parents cially on soles of the feet, Failure to report incidences of suspected abuse for the disabled person's health or aides: eyeglasses, hearing  Ridiculing culture/heritage  HIV, AIDS * Police officers * Dentists palms, back or buttocks aide, walker, TTY, etc. and neglect can result in severe consequences welfare by providing assistance in  Intimidating gestures * Daycare workers * Guidance/Family counselors meeting a daily living need, whether for the alleged victim, other potential victims, * Probation officers * Psychologists in the same home as the disabled and the Mandated Reporter. person, a relative's home, a foster * Public/private school teachers * Educational administrators * Employees of private agencies providing services to people with In Massachusetts, if a Mandated Reporter fails home, or any other day or residen- Behavioral Indicators of Abuse and Neglect Abuse Prevention Strategies to file a report, they are subject to a fine of up tial setting." disabilities Victim may:  Have startled response to movement  Have knowledge of the nature and * Employees of state agencies in the Executive Office of Health & to $1,000. a person be- Disabled Person: symptoms of abuse and neglect Human Services tween the ages of 18 and 59, who  Exhibit distrust of others  Be incontinent, malodorous,  Train an Abuse Team how to handle The State Police Detective Unit is mentally retarded, or otherwise  Exhibit emotional outbursts unpleasant mentally or physically disabled and, suspected cases of abuse and neglect  Be resistant to taking medication, as a result of his/her disability, is  Obsess, worry or appear anxious  Promote awareness of DPPC and post During fiscal year 1998, a State being bathed, eating or allowing How To File A DPPC Report wholly or partially dependent upon about her/his own performance phone numbers and poster Police Detective Unit (SPDU) caregiver to provide care was established within the others to meet daily living needs.  Have low self-esteem or confidence  Have the Team educate employees “If you suspect abuse or neglect, trust  Abuse alcohol or other substances Commission. The SPDU is Mandated Reporters: persons who,  Have a sudden loss of appetite about the DPPC and the reporting your feelings and address the situation.” comprised of a lieutenant, ser- as a result of their profession, are  Criticize caretaker constantly  Have rapid physical deterioration requirements geant and three troopers. more likely to be aware of abuse of  Refuse offers of assistance  Establish procedures for protective  Curse, hit, scratch caregiver The SPDU is physically located within the persons with disabilities, and so are  Be fearful of intimacy and touch service intervention, including referrals required to report cases of suspect-  Request separation from caregiver to law enforcement authorities offices of the DPPC. The troopers of the  Be sexually promiscuous ed abuse to the DPPC when they  Exhibit fear of the caregiver  Establish trusting relationships with self SPDU review 100% of all complaints received have reasonable cause to believe  Exhibit fear of the dark, being alone,  Exhibit aggressive, disruptive or -advocates in your care by the Commission to determine which of that a disabled person is suffering delinquent behavior these complaints constitute criminal activity from a reportable condition of people, places or going home  Develop programs that empower people  Express self-hate, self-blame, guilt or against a person with a disability. abuse (see list of Mandated Report-  Cry easily, frequently with disabilities to resist abuse, such as ers). Note: Mandated reporters are shame providing information about:  Express feelings of hopelessness immune from any civil or criminal Contacting The Police  Be fearful of abandonment, rejection * Stranger danger * Assertiveness training liability as a result of making a  Want to die or retaliation Abuse or neglect committed against a person * Communication skills * Improving self-esteem report, and are subject to a fine of  Exhibit stress-related illness * Individual rights with a disability might also be a crime. Call your up to $1,000 for failure to file a  Experience stunted growth and de-  Exhibit self-injurious behaviors velopmental delays * Relationships local police immediately if you think a crime, report. * Sex education such as an assault, harassment, threat or  Have nightmares or difficulty  Have attention and learning disorders * Self-defense M.G.L. c. 19C: a Massachusetts Call the DPPC 24-Hour Hotline at: larceny, has been committed. sleeping  Engage in destructive activities * Getting help state law that provides for the from trusted 1-800-426-9009 In an emergency, contact your local police investigation and remediation of  Be isolated from others  Learn passive/aggressive behaviors individuals abuse of adults with disabilities. * Safety planning 1-888-822-0350 (TTY) department or dial 911.  Be emotionally withdrawn, detached  Adopt same behaviors as the abuser