BEST BUDDIES JOBS
POLICIES REGARDING COMPLAINT/ABUSE REPORTING
Massachusetts
This policy includes information about:
The Human Rights Committee of Best Buddies Jobs
The Massachusetts Department of Developmental Services Investigating Team
Disabled Persons Protection Commission (DPPC)
All concerns are to be brought to the Human Rights Committee, regardless of action taken by any
other agency or body. The Human Rights Committee of Best Buddies Jobs is a joint effort of the
Institute for Community Inclusion at Children’s Hospital, The Boston College Supported
Employment Program and Best Buddies Jobs. Consumers are aware of this and receive training and
information on an annual basis from the Human Rights Officer regarding their human rights and
policies of the Program.
The contents of this policy are reviewed annually by all staff. The following information (indented)
is taken from The Attorney General’s Guide for Mandated Reporters pamphlet (11/94).
DPPC
Disabled Persons Protection Commission
99 Bedford Street, Rm 200
Boston, MA 02111-2217
617-727-6465 or HOTLINE 800-245-0062
Vulnerable members of our society who suffer from abuse are not always able to report the abuse
inflicted on them. So, it is important for people who interact with children, disabled persons and the
elderly to know how, when, and where to report incidents of abuse. Reporting abuse to the proper
agency will not only help the person who has suffered the abuse in that particular situation, but will
also send out a broader message to everyone what mistreatment will not be tolerated or ignored.
Human service and law enforcement agencies not only encourage care-givers and others who come
in contact with more vulnerable citizens to report incidents of abuse and neglect, but Massachusetts
law also requires certain people report incidents they observe.
WHAT IS A MANDATED REPORTER?
A mandated reporter is someone who is required by Massachusetts’s law to notify a particular state
agency when there is reason to believe that a disabled person, an elderly person or a child has been
abused, neglected or mistreated. Mandated reporter laws are designed in part to encourage the
earliest possible detection and reporting abuse.
If you suspect abuse of adults with disabilities, you must immediately call the Disabled Persons
Protection Commission (DPPC), as required by Chapter 19C, Section 10.
45 Bromfield Street, 7th Floor, Boston, MA 02108
Tel: (617) 778-0522 – (866) 33-BUDDY – Fax: (617) 778-0526 – Website: www.bestbuddiesmassachusetts.org
NEXT within 48 hours of your oral report to the agency, you must provide the agency with a
written report, which should at a minimum the following: name and address of the person
abused…age if known, victim’s sex, description of injuries and history or other abuse/injuries, if
known, circumstances of reporter’s learning of abuse, any protective action taken, name and address
of reporter, identity of person(s) responsible for abuse, if known, any other helpful information.
ARE THERE PENALTIES FOR FAILING TO REPORT?
Yes. If you are a mandated reporter and you fail to report an incident of abuse, you can be fined up
to $1,000.00
ARE THERE PROTECTIONS FOR REPORTERS?
Yes. If you are a mandated reporter and you report an incident of abuse, you cannot be held liable
in any civil or criminal action as a result of submitting the report.
Staff should notify the Program Manager and make the call to DPPC. Staffs does not need
authorization from a supervisor and should not wait for confirmation that a supervisor has been
informed before making this call. The function of the DPPC is to make the determination if in fact
there is a need to investigate or that there is not a need to investigate. It is the policy of the
Supported Employment Program that DPPC is called if there is a question that abuse may have
occurred.
Department of Developmental Services Chapter 9 Abuse Reporting Procedures
A DDS or provider employee is mandated to and shall immediately file a complaint with the senior
investigator when he or she has reason to believe that there is an allegation of mistreatment, on
illegal, dangerous, or inhumane condition or incident, or medicolegal death of an individual.
Mistreatment includes but is not limited to:
 Physical abuse
 Mental or verbal abuse
 Any act of retaliation
 Use of restraints or behavioral intervention for the convenience of staff or otherwise in
violation of regulations
 Sexual abuse
 Transfer or threat of transfer for punitive reason
Dangerous conditions/incidents:
A condition/incident which poses or could have posed a danger to the health or safety or a consumer
regardless of whether injury has resulted, and which has not been adequately addressed through
administrative action within a reasonable time.
Example: a gas leak in a residence is not corrected despite staff and administration’s knowledge a
consumer known to eat inedible is left alone in a room with and open household cleaner container,
which he attempts to ingest.
Illegal condition/incident:
A condition/incident in violation of regulation or law which posed a danger to a consumer. A
condition/incident in violation of regulation or law which could have posed a danger to a consumer
and which has not been adequately addressed through administrative action within a reasonable
time.
Example:
-Unauthorized cashing of consumer’s checks
45 Bromfield Street, 7th Floor, Boston, MA 02108
Tel: (617) 778-0522 – (866) 33-BUDDY – Fax: (617) 778-0526 – Website: www.bestbuddiesmassachusetts.org
-Driving consumers in an unregistered vehicle
-Stealing from a consumer using illegal substances
Inhumane conditions/incident:
A condition/incident inconsistent with the proper regard for human dignity or what which is or was
demeaning to a consumer.
Examples:
-staff swearing at or threatening a consumer
-incitement of consumers or others to mistreat a consumer
-any unreasonable use of force which is not necessary to protect a consumer from harm
-any act in violation of the DDS Standards on client dignity
FILING A COMPLAINT
When to File a Complaint
A complaint shall be filed when you have reason to believe that a non-frivolous allegation of
mistreatment, an illegal dangerous, or inhumane condition or incident has occurred and/or exists. A
report shall also be made against a person served by DDS in cases of death where death was sudden,
unexpected or appears to have resulted from unusual or suspicious circumstances, violence and/or
sexual abuse.
Also, when you have reason to believe that an individual has suffered a serious physical or
emotional injury from an act or omission by a caretaker, you should file a report with the DPPC
well as the DDS Senior Investigator in the region.
Who should file a Complaint
A DDS or provider employee is mandated to and should immediately file a complaint under this
chapter with the DDS Senior Investigator for the region. In addition, the DDS or provider employee
should file a report with the DPPC when the condition or incident resulted from an act or omission
by a caretaker and caused serious physical or emotional injury.
Failure to Fine a Complaint
Failure by a DDS or provider employee to file a complaint, assist an individual in filing a complaint,
or assist in forwarding complaints received from another staff person or individual, constitutes
grounds for disciplinary action which may include dismissal.
What Happens once a Complaint is Filed
All complaints are logged by the DDS Senior Investigator and are assigned a Public Log Number.
Upon the receipt of the complaint, the Senior Investigator determines the disposition of a complaint.
Based on the complaint the Senior Investigator man:
1.
2.
3.
4.
5.
Dismiss the complaint
May resolve complaint without investigation
Refer the complaint to the DDS Regional Director as beyond the scope and
responsibilities of Investigations Division
Assign the complaint to a staff investigator for a full investigation
Defer the DDS’s investigation pending an investigation by an outside agency.
45 Bromfield Street, 7th Floor, Boston, MA 02108
Tel: (617) 778-0522 – (866) 33-BUDDY – Fax: (617) 778-0526 – Website: www.bestbuddiesmassachusetts.org
Department of Developmental Services
If You Have a Human Rights Complaint
You May File a Complaint and You will Receive a Response
When to Complain:
If you feel that your rights have been violated, you may file a complaint with the head of the
program.
Any condition or incident which is dangerous, illegal, or inhumane must be remedied, if the
investigation finds that the incident occurred as you stated.
Who May Complain?
You, or any other person, including a family member, guardian, or friend may file a
complaint on your behalf.
Who Will Help?
If you want assistance in filing a complaint, you may ask any staff person to help you. You
may also speak to the Human Rights Officer. They are required to help you.
How to Complain?
You, or the person filing the complaint, should get a complaint form from the staff or the
Human Rights Officer. You can send or give the form to the head of the program. Or you
can give the complaint to any staff person. The staff must give it to the head of the program
for you.
What Will Happen?
If the complaint cannot be resolved in five working days, the head of the program will
appoint formal investigator. This person will talk to you about your complaint.
If You Are Dissatisfied:
You will have the right to appeal to the following persons:
Jeff Keilson, Assistant Commissioner for Programs (if you live in the community)
OR
Mary Cerreto, Assistant Commissioner for Facilities Management (if you live in a state
school)
And later, if you are still dissatisfied:
Elin Howe, Commissioner
Department of Mental Retardation
160 North Washington Street
Boston, MA 02114
You may have a complete copy of the regulations by contacting the head of the program. You may
also be informed of the status of your complaint by contacting that office.
The head of the program is Craig Welton
Phone: (617) 778-0522 or 1866-33-BUDDY
The Human Rights Officer is Janna Rayworth Phone (617) 778-0522 or 1866-33-BUDDY
For further information contact:
The Office of Human Rights
Department of Developmental Services
160 North Washington Street
Boston, MA 02114
(617) 727-5608
45 Bromfield Street, 7th Floor, Boston, MA 02108
Tel: (617) 778-0522 – (866) 33-BUDDY – Fax: (617) 778-0526 – Website: www.bestbuddiesmassachusetts.org
BEST BUDDIES JOBS
PARTICIPANT SIGN OFF SHEET
 I have received the information on Individual Human Rights
distributed by the Department of Developmental Services through Best
Buddies Jobs.
 I have been informed of my rights and policies regarding abuse
reporting.
 I understand the information as it has been presented to me.
Participant
Date
Guardian (if participant is not own guardian)
Date
BBJ Representative
Date
45 Bromfield Street, 7th Floor, Boston, MA 02108
Tel: (617) 778-0522 – (866) 33-BUDDY – Fax: (617) 778-0526 – Website: www.bestbuddiesmassachusetts.org