DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes January 22, 2015 Commissioners Present: Gail Varrasso, Yndia Lorick-Wilmot Ph.D., Maurice Medoff Staff Present: Nancy A. Alterio, Executive Director, Julie Howley Westwater, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins The meeting was called to order at 4:30 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • • • 1. Commissioners’ Agenda of January 22, 2015 Commissioners’ Meeting Minutes of December 11, 2014 Budget Report December 2014 Budget Narrative December 2014 ANF Hiring Freeze Letter and Memo of January 9, 2015 Cover Letter and Resume of Counsel I New Hire Cover Letter and Resume of COII Investigator New Hire Organizational Chart of December 31, 2014 Senate Docket No. 1728; An Act relative to the protection of persons with a disability Self-Determination Advisory Board Agenda of January 9, 2015 Letter December 31, 2104 to State Auditor Regarding the Forwarding of Financial Abuse Reports Boston Globe Article of December 31, 2014; Class action lawsuit at Bridgewater State Hospital Eagle Tribune Article of January 3, 2015; Methuen man, girlfriend remain behind bars Quarterly Report, October – December 2014 Hotline Activity Report – December 2014 Oversight Activity Report – December 2014 Legal Activity Report – December 2014 Approval of Minutes of Meeting of December 11, 2014 MOTION: VOTE: To accept minutes of December 11, 2014 as received motioned by Commissioner Medoff, seconded by Chairperson Varrasso Unanimous to accept the minutes of December 11, 2014 as received 2. Administration and Finance • New Administration and DPPC Updates: With the new administration, DPPC updated its letterhead, form letters and reports and has begun updating the many brochures. • Monthly Budget Summary Report December FY14: The Monthly Budget Summary Report for December 2014 along with a narrative addressing over/under spending was submitted to the Commissioners for their review and comments. DPPC has spent 42% out of 50% of its appropriation within the first half of fiscal year 2015. DPPC is under budget due to the delay in backfilling positions. DPPC was not authorized to backfill positions until ANF approved the agency’s spending plan in October. • State Budget Deficit and Pending 9C Action: Given the state’s fiscal challenges and pending 9C legislation proposing to cut DPPC by 1.5% equating to $41,622, DPPC is holding these funds aside in anticipation the legislation will be passed and the funds reverted back to the general fund. Due to the delay in backfilling the four positions, which resulted in a cost savings, the pending budget cut will not impact staffing. Passing of the legislation could take place anytime during the fiscal year. • ANF Interim Hiring Controls Policy: DPPC received notification on January 9, 2015 from ANF announcing a hiring freeze. A copy of the letter and memo announcing the hiring freeze was disseminated to the Commissioners. Thankfully DPPC had the hires in place as required and as specified in the letter as both DPPC’s new hires were confirmed in writing prior to January 9th. • Restructuring, Reclassification, Backfilling of Positions o The Commissioners were provided with an updated organizational chart depicting all the staff changes as of December 31, 2014. As expected, David Viens passed the background check and he has officially started in his new position as Investigation Manager. To address agency needs, three bargaining unit staff are being reclassified as follows:  Michelle McCue has been reclassified from a COII Investigator to a PCII. Ms. McCue has been transferred to the Intake/Oversight Unit and is now responsible for rescreens, high risk cases and other oversight responsibilities.  Karen Manson will soon be reclassified from COII Investigator to PCII. Ms. Manson is taking over as the law enforcement liaison.  Lisa Bukow is also being reclassified from a COII to a PCII to work on the high risk cases. Ms. Bukow will be working very closely with Ms. McCue. o DPPC’s former Investigation Manager Seana Manager is also being reclassified. Ms. Miller is being downgraded from a Manager V to a Manager IV to reflect the changes in her duties. o Counsel I: The Commissioners were formally introduced to the newly hired Counsel I, Mariah Freark, who began working at DPPC on Monday, January 12, 2015. Attorney Freark provided the Commissioners with a brief background of her work history and law experience. A copy of her cover letter and resume were provided to the Commissioners. o CO II Investigator: The remaining and 32nd position has been backfilled as well. John Hubbard will begin his employment at DPPC on Monday, February 2, 2015. Mr. Hubbard’s acceptance letter was finalized well before the hiring freeze. A copy of Mr. Hubbard’s resume and cover letter was also disseminated to the Commissioners. 3. DPPC G.L. c.19C Proposed Amendments General Counsel Westwater informed the Commissioners that Senator John F. Keenan filed An Act relative to the protection of persons with a disability, Senate Docket 1728, on Friday January 16, 2015 in support of the DPPC’s mission. A copy of the bill with the drafted changes was distributed to the Commissioners. This bill proposes amendments to DPPC’s enabling statute, M.G.L. c. 19C. General Counsel Westwater explained that among these amendments is the substitution of the words “disabled person” with the words “person with a disability” to respect individuals and the use of ‘people first’ language. In addition to this change, the bill also proposes amendments consistent with DPPC’s current structure and practice and proposes language to better respond to situations of imminent risk. The bill also adds additional mandated reporters such as firefighter, paramedic and EMT, which is consistent with the Elder Affairs statute. In addition, the bill adds language supporting DPPC’s position that DPPC Records are not public for purposes of dissemination which is consistent with the decision by the Supervisor of Public Records. No additional funding is required with these changes. The next step is to attempt to get co-sponsors to support the bill. 4. Real Lives Implementation • Letter to State Auditor, December 31, 2014: Executive Director Alterio sent a letter to the Auditor explaining the passage and requirement of the Real Lives Statute requiring DPPC to forward financial abuse reports to the Office of the State Auditor. A representative of the State Auditor followed-up with the Executive Director Alterio. A summary report of the financial abuse allegations for the months of November and December 2014 was forwarded to the Office of the State Auditor. The auditor’s office is going to look at the information and determine the type of information they require and how they want the information formatted. • Advisory Board Meeting of January 9, 2015: The first Real Lives Advisory Board meeting was held as scheduled on January 9, 2015 at the Department of Developmental Disabilities (DDS) from 10:00 a.m. to noon. Executive Director Alterio and General Counsel Westwater attended the meeting. The meeting, Chaired by Executive Director Alterio, was well attended and appeared to go well. During this initial meeting members were introduced to the Statute and the work DDS has done up to this point in relation to self-determination. A copy of the meeting agenda was shared with the Commissioners. Prior to the meeting, Executive Director Alterio and General Counsel Westwater met with Commissioner Howe and two of her staff on January 7, 2015 to discuss the inception of the advisory board and implementing the components of the Real Lives law. A four inch binder of information detailing DDS’s self-determination program was provided to Executive Director Alterio. An agenda and list of handouts was finalized for the January 9th meeting. Next steps were also discussed at the preparation meeting of January 7, 2015. 5. Critical Incident Training and Policy DPPC management team is reviewing its response to critical incidents. Several weeks ago an alleged victim (ALV) called and threatened a Hotline Operator. As the ALV was incarcerated, there was no immediate threat. The ALV was recently released and made multiple additional calls to DPPC stating that he/she would be coming to the office. The additional calls were not threatening. In response to the calls, DPPC management team reminded staff of what to do and what not to do if the ALV did report to the DPPC office. In light of this and previous situations, and the recent homicide at Brigham and Women’s Hospital, it was felt that staff could benefit from specialized training to ensure DPPC is doing every possible to effectively respond to critical incidents. As a result, Executive Director Alterio is going to reach out to the State Police for training. 6. State and Federal Office of Inspector General Audits – Update The Federal and State Audits are still underway. The State Audit is ongoing. The Federal Auditors recently returned to DPPC and met with Deputy Executive Director DeRiggi to determine if certain hospital admissions were reported to DPPC. 7. Articles The Commissioners received copies of the two articles described below. Executive Director Alterio provided the Commissioners with a brief background on the relational cases regarding the article: • Boston Globe December 31, 2014; Class action lawsuit at Bridgewater State Hospital • Eagle Tribune January 3, 2015; Methuen man, girlfriend remain behind bars 8. Building Partnerships Initiative • 40 Hour Basic Investigation Training – March 2-6, 2015: The 40 Hour Basic Investigation Training has been scheduled. We have about 30 staff registered to attend from the four agencies of DPPC, DDS, DMH and MRC. The agenda has been drafted and trainers are being identified and confirmed. • Protect, Report, Preserve: Two PRP trainings for provider staff have been scheduled as detailed below. The PRP are half-day trainings. Susan Love and Sergeant Grant conduct the training. o April 2, 2015, Worcester Recovery Center and Hospital o April 30, 2015 Florian Hall, Dorchester • Tier I/Regional Training: BPI is working to conduct four to five Tier I trainings; trainings to educate law enforcement on effectively reporting and investigation crimes committed against persons with disabilities using a multidisciplinary approach. The day-long training is hosted by a District Attorney but funded by BPI. BPI is looking to complete about four to five Tier I trainings during this fiscal year and is initially reaching out to Essex, Middlesex, Suffolk, Cape and Islands and Hampden counties with the goal of reaching the remaining counties during the subsequent fiscal year. • Therapeutic Services for Trauma Victims with Disabilities: This effort is going to be very labor intensive and likely will require a significant amount of funding. Additional planning meetings have taken place in an effort to identify what is and isn’t already available and who needs to be at the table. 9. 10. National Requests/Reports • Participation in the National Adult Maltreatment Reporting System (NAMRS) Pilot: DPPC was one of four states invited to participate in the reporting system pilot program. Executive Director Alterio and Deputy DeRiggi took part in a teleconference call on December 17, 2014 to gather more information about the project, data fields and time commitments. After careful consideration it was decided to take part in the pilot project. • South Carolina: Executive Director Alterio has not determined the cost associated with conducting the training in South Carolina in February but once the costs have been determined the Executive Director will provide the Commissioners with the required reporting form. Monthly, Quarterly Reports The Commissioners received copies of the following DPPC reports: • Quarterly Report: DPPC’s quarterly report for October through December 2014 was distributed. DPPC continues to email the report for distribution to House and Senate members. • Intake Activity Report – December 2014: The Hotline Activity Report for the month of December 2014 was distributed and reviewed. The Commission received 750 abuse reports during the month resulting in 4,723 abuse reports during the first half of the fiscal year. This is a 4% increase over last fiscal year. In addition to the abuse reports, the Hotline received 421 information and referral calls and 80 death reports, a combined total of 1,251 calls to the Hotline in December 2014. • DPPC received 750 abuse reports during the month of December In you factor in the informational and referral calls the increase is even greater. In addition to the abuse reports, the Hotline received 421 information and referral calls and 80 death reports, a combined total of 1,251 calls to the Hotline in December 2014. • Oversight Activity Report – December 2014: The Oversight Activity Report for the month of December 2014 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 270 cases were closed in comparison to 207 cases being assigned. At the close of the month, there were 977 active oversight cases and 649 overdue investigation reports. • Legal Activity Report – December 2014: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for December 2014 was distributed and reviewed. DPPC Legal Unit completed 11 petitions and 26 records requests during the month. There is a total of 388 Petitions pending review. With the new staff, the legal unit is working on streamlining the petition and other legal processes. In addition, and most recently, the legal unit reviewed and drafted amendments to DPPC’s statute and deciphered the Real Lives statute. 11. New Business No new business was discussed. 12. Adjournment MOTION: VOTE: Commissioner Lorick-Wilmot motioned to adjourn the meeting at 6:33 p.m., Commissioner Medoff seconded. Unanimous to adjourn the meeting at 6:33 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes February 12, 2015 Commissioners Present: Gail Varrasso (participation via phone), Yndia Lorick-Wilmot Ph.D., Maurice Medoff Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins The meeting was called to order at 4:50 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • Commissioners’ Agenda of February 12, 2015 Commissioners’ Meeting Minutes of January 22, 2015 Budget Report January 2015 Budget Narrative January 2015 DPPC letter to Joint Committee of Ways and Means dated February 5, 2015 Senate Docket No. 1728; An Act relative to the protection of persons with a disability Boston Globe Article titled, “Inquest into state hospital death set: Review will examine ’09 Bridgewater case” January 23, 2015 Hotline Activity Report – January 2015 Oversight Activity Report – January 2015 Legal Activity Report – January 2015 Due to inclement weather and geographic reasons, Chairperson Gail Varrasso participated by phone. The packet of materials will be held for Commissioner Varrasso at the next meeting. MOTION: VOTE: 1. To appoint Commissioner Lorick-Wilmot to chair the meeting of February 12, 2015 as Commissioner Varrasso is attending remotely motioned by Commissioner Medoff, seconded by Commissioner Varrasso Unanimous to appoint Commissioner Lorick-Wilmot to Chair meeting of February 12, 2015 Approval of Minutes of Meeting of January 22, 2015 MOTION: VOTE: To accept minutes of January 22, 2015 as received motioned by Chairperson Lorick-Wilmot and seconded by Commissioner Chairperson Lorick-Wilmot and Commissioner Medoff accepted the meeting minute of January 22, 2015 as received; Commissioner Varrasso abstained 2. 3. Administration and Finance • Introduction and welcome to new CO II Investigator: The Commissioners were introduced to John Hubbard, DPPC’s new investigator. Investigator Hubbard talked briefly about his work history with the Commissioners. The Commissioners were also provided with a copy of his resume and cover letter during the previous meeting. • Monthly Budget Summary Report January FY15: The Monthly Budget Summary Report for January 2015 along with a narrative addressing over/under spending was submitted to the Commissioners for their review and comments. DPPC is under budget due to the delay in backfilling positions. DPPC was not authorized to backfill positions until ANF approved the agency’s spending plan in October. • State Budget Deficit and Pending 9C Action: The new administration filed legislation to cut independent agencies by 1.79%, which is higher than the previously filed legislation. DPPC is holding these funds aside in anticipation the legislation will pass and the funds reverted back. Due to the delay in backfilling the four positions, which resulted in a cost savings, the pending budget cut will not impact staffing. Passing of the legislation could take place anytime during the fiscal year. • FY2016 Maintenance Plan: Given the ongoing fiscal challenges, DPPC is concerned that cuts could be on the horizon for FY2016. As required, DPPC submitted its FY2016 Maintenance Plan to the Joint Committee on Ways and Means requesting to sustain its staffing of 32 FTEs. A cover letter, written by Executive Director Alterio, was submitted with the Maintenance Plan and highlights the prevalence of violence committed against persons with disabilities, staffing levels, increases in Hotline reports, DPPC accomplishments along with requesting maintenance of the agency’s current staffing level. Inclement Weather and DPPC Operations Weather has been a challenge for staff and the overall operations. Dangerous travel conditions have been a struggle getting DPPC staff into the office when the office is open. People who live close are making it into the office. As many staff have long commutes, whenever possible staff have been encouraged to work from home or change their work hours to address the traffic challenges. As a result, the after-hours vendor has been increasingly used. Regardless of the weather challenges, day-to-day operations have been maintained in great part due to the flexibility of management, commitment on the part of staff and advances in technology. 4. Senate Docket 1728, An Act relative to the protection of persons with a disability Senator John F. Keenan filed DPPC’s housekeeping bill; An Act relative to the protection of persons with a disability on Friday, January 16, 2015. Additional co-sponsors were sought and obtained by DPPC but mostly by Massachusetts Advocates Standing Strong (MASS). In total, 21 House and Senate members signed on to the bill as co-sponsors. Additional members can be added to the bill as supporters but not co-sponsors. This bill proposes amendments to DPPC’s enabling statute; M.G.L. c. 19C. Among the amendments is the substitution of the words “disabled person” with the words “person with a disability” to respect individuals and the use of ‘people first’ language. In addition to this change, the bill also proposes amendments consistent with DPPC’s current structure and practice and proposes language to better respond to situations of imminent risk. The bill also adds additional mandated reporters such as firefighters, paramedics and EMT’s, which is consistent with the Elder Affairs statute. In addition, the bill adds language supporting DPPC’s position that DPPC Records are not public for purposes of dissemination which is consistent with the decision by the Supervisor of Public Records. No additional funding is required with these changes. A copy of the filed bill was provided to the Commissioners. 5. Real Lives Implementation Response from State Auditor’s Office and Follow-up with DDS: On or about January 8, 2015, Executive Director Alterio forwarded DPPC’s financial abuse reports of November and December to Bill Keefe at the State Auditor’s Office for review. On or about February 3, 2015 Bill Keefe called and emailed Executive Director Alterio regarding the Real Lives Statute (Chapter 255) and the requirement for DPPC to receive suspected reports of financial abuse and forward these reports to the state auditor. Mr. Keefe reported that he inquired with the State Auditor’s General Counsel/Deputy Auditor who determined/believes that sending the reports related only to self-determination funds would fulfill the statutory requirement. However, in most instances, DPPC is not going to know if the report of financial abuse allegation is related to an individual receiving self-determination funds. As a result, Mr. Keefe requested that Executive Director Alterio reach out to the Department of Developmental Services (DDS) to determine the possibility of running name matches from DPPC financial abuse reports to those receiving DDS self-determination funds. Mr. Keefe is also hoping that the information sent to the State Auditor’s Office is in a format that allows the Auditor’s office to enter it into a database and manipulate it while also having the proper security for it. In response to Mr. Keefe’s request, on February 4, 2105, Executive Director Alterio sent DDS Commissioner Howe an email informing the Commissioner of the State Auditor’s Office interpretation of the law. In addition, Executive Director Alterio requested a contact in the DDS office to work with to develop the process for getting the required information to the State Auditor’s Office. 6. State and Federal Office of Inspector General Audits – Update • Federal Audit: The Federal Audit is ongoing. Most of the contact is with DDS and not DPPC. DPPC’s current involvement is to determine if DPPC received certain reports of abuse. • State Audit: Executive Director Alterio and Deputy Executive Director DeRiggi met with the audit team this morning as the Audit is complete. An auditor will continue to come to the DPPC office to write up the report. It will take about two to three months before DPPC will get a copy of the report for review and comment. The audit has identified two concerns; first, DPPC does not meet its 30 day timeline and second, alleged abusers should be informed of their rights. Investigators do notify alleged abusers of their rights however DPPC is not currently tracking that communication. However, Deputy Executive Director DeRiggi said there is a simple fix that General Counsel Westwater suggested; it would include something in the investigation report such as a check box that indicates the ALAB(s) was notified of their rights. There is no need to respond to this until DPPC receives the audit report. DPPC’s has time to look at the report and provide a rebuttal if necessary, although highly unlikely. DPPC’s response will be part of the report. As in past audits, Executive Director Alterio added she hopes the auditors recognized how DPPC is well run, efficient and doing more with less. 7. COOP Plan All state agencies are required to have a Continuity of Operations Plan (COOP). DPPC developed its first COOP plan about 10 years ago and reviews/updates it annually to ensure it is consistent with today’s technology, operations and abilities. DPPC’s COOP plan is about 20 pages long and identifies what will be done if there are issues with the building, weather, other emergency, etc. Previously, when DPPC was not equipped with virtual office ability, the plan was to use MRC’s office in Taunton. Currently, when there is an emergency, staff can work remotely through VPN. DPPC’s COOP plan was just updated and disseminated to management on February 11, 2015 for review and comments. The updated plan was reviewed with staff today during the all-staff meeting. 8. Critical Incident Training and Policy DPPC management team is reviewing its response to critical incidents and reached out to the Massachusetts State Police for training. Det. Lt. Johnson is indentifying a person to come to DPPC to see if there is anything else DPPC needs to do to improve its response. MSP is dealing with weather issues so it may be a while before they can respond. The SPDU troopers housed at DPPC are sometimes pulled out and sent to local barracks when state agencies are closed for inclement weather. However Sergeant Grant remains in the office. 9. Boston Globe: Inquest into state hospital death set: Review will examine ’09 Bridgewater case, January 23, 2015 A copy of the article was given to the Commissioners for their review. Executive Director Alterio provided the Commissioners with a brief background regarding the article. 10. Building Partnerships Initiative • MOU Revisions: Executive Director Alterio, Deputy Executive Director DeRiggi and General Counsel Westwater has had several telephone meetings with Elizabeth Scheibel, Northwestern District Attorney (ret.), ADA Judith Lyons, Suffolk County DA’s Office and Legal Counsel Elizabeth Dunphy-Farris, Hampden DA’s Office to review and update the MOU. The MOU has been redrafted and will be disseminated to the respective ADA’s and Directors of Investigations for their review and comments. All concerns and needs will be reviewed and a finalized MOU will be sent to respective Commissioners, District Attorneys and Commander of Massachusetts State Police for approval and signature. The updated MOU will be used as the cornerstone for the Tier I trainings. • 40 Hour Basic Investigation Training – March 2-6, 2015: The 40 Hour Basic Investigation Training has been scheduled. We have about 30 staff registered to attend from the four agencies of DPPC, DDS, DMH and MRC. The agenda and trainers are being finalized. 11. • Protect, Report, Preserve: Two PRP trainings for provider staff have been scheduled as detailed below. The PRP are half-day trainings. Susan Love and Sergeant Grant conduct the training. o April 2, 2015, Worcester Recovery Center and Hospital o April 30, 2015 Florian Hall, Dorchester • Tier I/Regional Training: BPI is working to conduct four to five Tier I trainings; trainings to educate law enforcement on effectively reporting and investigation crimes committed against persons with disabilities using a multidisciplinary approach. The day-long training is hosted by a District Attorney but funded by BPI. BPI is looking to complete about four to five Tier I trainings during this fiscal year and is initially reaching out to Essex, Middlesex, Suffolk, Cape and Islands and Hampden counties with the goal of reaching the remaining counties during the subsequent fiscal year. • Therapeutic Services for Trauma Victims with Disabilities: Identified parties met last week to further discuss this initiative. This effort is more complicated than expected and likely will require a significant amount of funding. National Requests/Reports • Participation in the National Adult Maltreatment Reporting System (NAMRS) Pilot: DPPC was one of four states invited to participate in the reporting system pilot program. Deputy Executive Director DeRiggi submitted data for the first part of the process and written responses were also required. The database is simple to use; DPPC converts data to Excel so they can work with the spreadsheet data. Deputy Executive Director DeRiggi is tracking the time commitment as requested by NAMRS staff. • South Carolina: Executive Director Alterio is providing a three-hour training to service providers at a statewide conference in South Carolina on February 25, 2015. Executive Director Alterio is scheduled to meet with Stan Butkus on Tuesday to learn more about South Carolina’s APS structure and reporting requirements. Executive Director will conduct the three-hour training on Wednesday, February 25th from 9:00 a.m. to noon. Chairperson Lorick-Wilmot signed off on the disclosure form regarding the acceptance of travel expenses related to a public employee’s legitimate speaking engagement. South Carolina Human Services Provider Association is covering the costs of ground transportation, airfare and per diem for three days (two travel days and one full day). As the Executive Director has family in the area, no lodging costs will be incurred. Conference planners expressed concern with the Executive Director’s ability to fly out and get to South Carolina given the excessive stormy season and snow fall. Given the severe inclement weather and the ability to stay with family and not incur lodging costs, the Executive Director is heading out a couple days earlier to ensure her attendance at the conference. Reimbursement costs will total about $500.00. 12. Monthly, Quarterly Reports The Commissioners received copies of the following DPPC reports: 13. • Intake Activity Report – January 2015: The Hotline Activity Report for the month of January 2015 was distributed and reviewed. The Commission received 779 abuse reports during the month. In addition to the abuse reports, the Hotline received 380 information and referral calls and 85 death reports, a combined total of 1,244 calls to the Hotline in January 2015. • Oversight Activity Report – January 2015: The Oversight Activity Report for the month of January 2015 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 291 cases were closed in comparison to 201 cases being assigned. At the close of the month, there were 882 active oversight cases and 589 overdue investigation reports. • Legal Activity Report – January 2015: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for January 2015 was distributed and reviewed. The Legal Unit completed 16 petitions and 22 records requests during the month. There are 388 Petitions pending review. With the new staff, the legal unit is working on streamlining the petition and other legal processes, updating the Statute and working on the Real Lives statute. New Business No new business was discussed. 14. Adjournment MOTION: VOTE: Commissioner Lorick-Wilmot motioned to adjourn the meeting at 6:11 p.m., Commissioner Medoff seconded. Unanimous to adjourn the meeting at 6:11 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes March 19, 2015 Commissioners Present: Gail Varrasso, Yndia Lorick-Wilmot Ph.D., Maurice Medoff Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins The meeting was called to order at 4:35 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • • • 1. Commissioners’ Agenda of March 19, 2015 Commissioners’ Meeting Minutes of February 12, 2015 Budget Report February 2015 Budget Narrative February 2015 House 1 FY2016 Recommendation HRD’s Early Retirement Incentive Program Memo and Key Provisions Joint Ways and Means Hearing Schedule Triangle’s Impact:Ability Statewide Abuse Prevention Summit Flyer and Agenda DPPC and Norfolk County Advocates for Children Interagency Agreement The Columbus Dispatch Article titled, “Advocates Seek More Funds to Fight Elder Abuse” March 16, 2015 Forty Hour DPPC Basic Investigation Training Agenda for March 2–6, 2015 NAPSA Letter of Invitation to Attend NAPSA’s Regional Representatives Advisory Board (RRAB) Retreat on April 8-9, 2015 NAPSA Regional Representatives Advisory Board (RRAB) Charter NAPSA Regional Representatives Advisory Board (RRAB) Mission and Vision Hotline Activity Report – February 2015 Oversight Activity Report – February 2015 Legal Activity Report – February 2015 Approval of Minutes of Meeting of February 12, 2015 MOTION: VOTE: 2. To accept minutes of February 12, 2015 as received motioned by Commissioner Medoff and seconded by Chairperson Varrasso Unanimous to accept the minutes of February 12, 2015 as presented Administration and Finance • Monthly Budget Summary Report February FY15: The Monthly Budget Summary Report for February 2015 along with a narrative addressing over/under spending was submitted to the Commissioners for their review and comments. DPPC has spent 60% out of 67% of its budget due to the delay in backfilling positions. DPPC was not authorized to backfill positions until ANF approved the agency’s spending plan in October. • State Budget Deficit and 9C Action: 9C legislation filed to reduce DPPC’s funding by 1.79% was passed. This amounts to almost $50,000 of DPPC’s budget. Due to the delay in backfilling the four positions, which resulted in a cost savings, the budget cut will not impact staffing. Governor’s FY16 Recommendation: The Governor released his FY2016 budget recommendation for DPPC amounting to $2,725,124. The House 1 FY2016 budget recommendation is level funding, equivalent to DPPC’s FY2015 funding after the 9C cut equating to a projected deficiency of $218,000. The House 1 recommendation does not account for the 9C reduction from FY2015, the annualization of two of the four backfills that were not included in the payroll snapshot, step and COLA increases per the NAGE contract, manager’s merit pay, TPL pay and increases to chargebacks, travel, telecommunication and IT as a result of carrying four additional staff. DPPC requires $2,943,391 to sustain its staffing level of 32 FTEs. A staffer from Senator Barrett’s Office, former Chair of the Joint Committee on Ways and Means, reached to DPPC to identify the agency’s budget needs to maintain its staffing. This is positive news that a legislator is reaching out to DPPC. MASS continues to advocate on behalf of DPPC. • Employee Retirement Incentive Program (ERIP): The Governor has filed legislation for an early retirement incentive. Group I employees who are vested (have 10 years of service) who are 55 years of age or have 20 years of service can add five years to their length of service or age. The bill has not yet passed. Executive Director Alterio commented that this has the potential for being problematic for DPPC as the agency could lose some of its most experienced staff. DPPC will start to cross train staff immediately in the event the bill passes. The Commissioners received a copy of HRD’s Early Retirement Incentive Program Memo and Key Provisions for review. • ANF Analyst Meeting: DPPC was assigned a new ANF Analyst Stephanie Larkins. Executive Director Alterio invited her to visit DPPC for an overview of the agency. Analyst Larkins declined the invitation as she was too busy. The Executive Director did speak with Stephanie by telephone briefly to introduce her to DPPC including the agency’s milestones, needs and challenges. • Joint Ways and Means Hearing Schedule: The Commissioners received copies of the Hearing Schedule and noticed that DPPC is scheduled twice – Wednesday, March 25 and Tuesday, April 7, 2015. John Brown, Director of Finance and Administration, will look into this and resolve the issue. DPPC testimony will be presented to members of the Joint Committee on Ways and Means. Executive Director Alterio will work on her testimony and include pertinent stories related to the work done at DPPC and which illustrate the need for sustainability. Commissioner Lorick-Wilmot commented on relating information to local statistics and using comparisons people can understand and relate to. Discussion ensued regarding the Governor’s Recommendation, DPPC deficit, potential layoffs, retirement incentive and resource issues. 3. EPRS – Stage B EPRS Stage B for Jennifer A. Edwards-Hawkins and Susan Love were presented to and discussed with the Commissioners. Following review and discussion the Commissioners signed and approved the ratings as presented. MOTION: VOTE: 4. To accept ratings as presented was motioned by Commissioner LorickWilmot and seconded by Commissioner Medoff Unanimous to accept the ratings as presented. Abuse Prevention Summit The Commissioners received a copy of the Abuse Prevention Summit Flyer and Agenda. Meg Stone, Director of Triangle’s Impact:Ability program, organized the Summit and invited people from numerous disciplines across the state to participate in this discussion about abuse prevention. Through Meg Stone’s leadership, Triangle’s Impact:Ability applied for and received the prestigious Robert Wood Johnson’s Foundation Award. The funding has allowed Impact:Ability teams to educate Boston school students about abuse prevention and provide hands-on self defense skills training. The idea of the Summit is to bring exposure to abuse. It is excellent that a provider agency is taking the lead on this. The Summit will provide five consecutive sessions on various topics to elicit open discussion, collect data, identify the positives and negatives, identify areas to focus on and then report back to a panel comprised of administrators and legislators in the afternoon. The summit will develop a white paper and may then invite additional administrators and legislators to hear the findings. Commissioner Medoff asked if DPPC could support the report with data. This was a great idea and likely can be done. Discussion ensued about grant funding and foundations. 5. Norfolk Advocates for Children – Interagency Agreement Norfolk County District Attorney’s Office asked DPPC to sign on to their Advocates for Children interagency agreement. Although the agency title only indicates advocacy for children, they also conduct interviews with DPPC adult victims. It was agreed that going forward they will add language “adults with disabilities”. DPPC already attends Sexual Assault Response Team (SART) meetings so no additional work is required. These child advocacy centers operate differently in each District Attorney’s jurisdiction. Commissioner Medoff was supportive of the agreement and DPPC’s involvement in community initiatives. 6. Real Lives Implementation The Self Determination Advisory Board met for the second time on March 4, 2015. DPPC’s legal unit has also been very invested in the Real Lives implementation plan. The law has been broken down and various activities/responsibilities identified. The meeting focused on the various component and requirements of the law that already has been accomplished. Subsequent meetings will focus on what has not been done and how to accomplish it. As they are open meetings, DPPC General Counsel Westwater provided a presentation on the Open Meeting law. For the first year, there will be a total of six meetings held every other month. The next meeting will be held on May 6, 2015. As a result of the Real Lives legislation, DPPC is now required to send financial abuse reports to the State Auditor’s Office. The Auditor’s Office requested that only cases related to self-determination funds be forwarded to them. DPPC and DDS are working on streamlining the process/system to identify these specific cases. Commissioner Lorick-Wilmot asked if DPPC could handle the increased workload. Moving forward, DPPC will train mandated reporters so there will be an increase in calls resulting in an increase in work. As a result, there will likely be considerably more work for intake staff in receiving the hotline calls. There is also additional work for Executive Director Alterio and General Counsel Westwater between overseeing the 22 member Advisory Board and keeping up on the requirements and implementation of Real Lives. Perhaps DPPC’s involvement may help secure future funding as there is more work ahead for DPPC. 7. Article – The Columbus Dispatch: Advocates seek more funds to fight elder abuse Commissioners received a copy of The Columbus Dispatch, March 16, 2015 article titled, “Advocates Seek More Funds to Fight Elder Abuse”. The article highlights Massachusetts efforts positively. 8. Building Partnerships Initiative • 40 Hour Basic Investigation Training – March 2-6, 2015: The 40 Hour Basic Investigation Training was completed with over 30 attendees from DPPC, DDS, DMH and MRC. Day 1 was delayed due to adverse weather conditions. Law enforcement, SANE, trauma specialists and DPPC staff from various units presented on a variety of topics during the week. Commissioners received a copy of the Forty Hour DPPC Basic Investigation Training Agenda for their review. • Protect, Report, Preserve: Two PRP trainings for provider staff have been scheduled as detailed below. The PRP are half-day trainings. Susan Love and Sergeant Grant will conduct the training. o April 2, 2015, Worcester Recovery Center and Hospital o April 30, 2015 Florian Hall, Dorchester • MOU Revisions: Executive Director Alterio, Deputy Executive Director DeRiggi and General Counsel Westwater had several telephone meetings with Betsy Scheibel, Northwestern District Attorney (ret.), ADA Judith Lyons, Suffolk County DA’s Office and Legal Counsel Elizabeth Dunphy-Farris, Hampden DA’s Office to review and update the MOU. A teleconference call is scheduled for Friday, March 27 to make final revisions and then disseminated to the respective ADA’s and Directors of Investigations for their review and comments. All concerns and needs will be reviewed and a finalized MOU will be sent to respective Commissioners, District Attorneys and Commander of Massachusetts State Police for approval and signature. The updated MOU will be used as the cornerstone for the Tier I trainings. 9. National Requests/Reports • Participation in the National Adult Maltreatment Reporting System (NAMRS) Pilot: DPPC was one of four states invited to participate in the reporting system pilot program. Deputy Executive Director DeRiggi runs data and enters it into their system. The way their database is set up data cannot be uploaded making it more time-consuming. It is a test database and volunteers are submitting feedback. Deputy Executive Director DeRiggi is tracking the time commitment as requested by NAMRS staff and noted more work is required than anticipated or desired. • South Carolina: Executive Director Alterio provided a three-hour training to service providers at a statewide conference in South Carolina on Wednesday, February 25, 2015 from 9:00 a.m. to noon. Executive Director Alterio met with Stan Butkus to learn more about South Carolina’s APS structure and reporting requirements and learned, unlike Massachusetts, there is no inter-agency collaboration in South Carolina. South Carolina Human Services Provider Association covered the costs of ground transportation, airfare and per diem for three days (two travel days and one full day). As the Executive Director has family in the area, no lodging costs were incurred. • NAPSA Regional Committee The Commissioners received copies of NAPSA Letter of Invitation to attend the Regional Representatives Advisory Board (RRAB) Retreat on April 8-9, 2015, RRAB description, and RRAB Mission and Vision for review. o Northeast Chair: Executive Director Alterio was asked to Chair NAPSA’s Northeast Region. Discussion followed regarding the role of NAPSA and work done on the Elder Justice Act, training competencies, webinars, etc. o National Regional Committee Meeting, Austin, Texas, April 8-9, 2015: NAPSA regional chairs will attend a two-day strategic planning meeting to determine how NAPSA can support states – through legislation, funding, etc. NAPSA has offered to cover attendee costs up to $1,000 unless respective states/attendee can fund. Executive Director Alterio will attend after she has presented DPPC testimony at the Joint Committee on Ways and Means budget hearings to be held Tuesday, April 7, 2015. Executive Director Alterio reported that the cost to attend amounts to about $835. Chairperson Varrasso signed off on the travel disclosure form regarding the acceptance of travel expenses related to a public employee’s legitimate attendance to an out-of-state national organization’s strategic planning meeting. 10. Monthly, Quarterly Reports The Commissioners received copies of the following DPPC reports: • Intake Activity Report – February 2015: The Hotline Activity Report for the month of February 2015 was distributed and reviewed. The Commission received 719 abuse reports during the month compared to 679 in February of FY2014. In addition to the abuse reports, the Hotline received 298 information and referral calls and 76 death reports, a combined total of 1,093 calls to the Hotline in February 2015. 11. • Oversight Activity Report – February 2015: The Oversight Activity Report for the month of February 2015 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 197 cases were closed in comparison to 180 cases being assigned. At the close of the month, there were 910 active oversight cases and 628 overdue investigation reports. • Legal Activity Report – February 2015: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for February 2015 was distributed and reviewed. The Legal Unit completed 5 petitions and 89 records requests during the month. There are 385 Petitions pending review. With the new staff, the legal unit is working on streamlining the petition and other legal processes, updating the Statute and working on the Real Lives statute. New Business Commissioner Lorick-Wilmot asked if BPI does anything to recognize National Disability Awareness month. DPH usually does something but there is no significant event. Commissioner Lorick-Wilmot raised the topic of tapping into Northeastern University and others to obtain graduate and undergraduate student doing an independent study with DPPC or volunteering for translator services, marketing, raising victimization awareness, etc. There is a need to change public perceptions of people with disabilities and bring the issue of abuse to the forefront. By reframing language in outreach materials, there will be a paradigm change and as perceptions change, so awareness of people with disabilities is broadened. Discussion ensued regarding localized awareness programs which would become a soundboard for the state, using data in raising community awareness, obtaining support of local legislators, mayor and public figureheads, etc. 12. Adjournment MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 7:10 p.m., Commissioner Lorick-Wilmot seconded. Unanimous to adjourn the meeting at 7:10 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes April 16, 2015 Commissioners Present: Gail Varrasso, Yndia Lorick-Wilmot Ph.D. (participation via phone), Maurice Medoff Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins The meeting was called to order at 4:06 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • 1. Commissioners’ Agenda of April 16, 2015 Commissioners’ Meeting Minutes of March 19, 2015 Budget Report March 2015 Budget Narrative March 2015 JWM Budget Hearing Written Testimony of April 7, 2015 DPPC HWM Budget Brief FY2016 FY2016 HWM Budget Amendment Process Memo ACES Forms for: o Nancy Alterio o Emil DeRiggi o John Brown o Julie Westwater VA New England Healthcare System Letter re. Standing Request for Patient Information Eagle Tribune Article titled, “Already facing rape, Methuen man charged with assaulting elder” April 7, 2015 Hotline Activity Report – March 2015 Oversight Activity Report – March 2015 Legal Activity Report – March 2015 Quarterly Report Quarterly Report - January, February, March 2015 Approval of Minutes of Meeting of March 19, 2015 MOTION: VOTE: To accept minutes of March 19, 2015 as received motioned by Commissioner Lorick-Wilmot and seconded by Chairperson Varrasso Unanimous to accept the minutes of March 19, 2015 as received 2. 3. Administration and Finance • Monthly Budget Summary Report March FY15: The Monthly Budget Summary Report for April 2015 along with a narrative addressing over/under spending was submitted to the Commissioners for their review and comments. DPPC has spent 72% out of 75% of its budget. Mandatory 9C cuts were implemented. DPPC is on budget. • Joint Ways and Means Hearing and Written Testimony: Executive Director Alterio provided oral and written testimony at the JWM Hearing on Tuesday, April 7, 2015. Senator and Representatives on Ways and Means were present and asked many questions. The hearings are usually held in February but due to significant inclement weather, the hearings were delayed to April just days prior to the release of HWM’s FY16 Budget Recommendation. A copy of Executive Director Alterio’s written testimony was provided to the Commissioners for their review. • House Ways and Means FY16 Recommendation: The HWM budget recommendation was released yesterday – April 15, 2015. HWM’s recommended about $50,000 more than the Governor’s recommendation but not enough to sustain DPPC’s current staffing of 32 FTEs. Executive Director Alterio explained the budget process going forward. • Updated Budget Brief: The Commissioners received a copy of the updated Budget Brief highlighting DPPC’s mandate, milestones, challenges and needs. MASS requested about 500 copies of the brief to disseminate to the House and Senate. • Budget Amendments Memo: DPPC needs about an additional $170,000 to sustain staffing. ANF provided instructions to agencies on how to file amendments if the HWM’s budget recommendation fell short of the Governor’s recommendation; which it does not for DPPC. Senate Ways and Means is scheduled to release their budget recommendation sometime in May. DPPC usually does better with in the Senate. • Employee Retirement Incentive Program (ERIP): The Governor filed legislation for an early retirement incentive. Group I employees who are vested (have 10 years of service) who are 55 years of age or have 20 years of service can add five years to their length of service or age. The House passed the bill which is similar to the Governor’s. The Senate has also passed a version of the bill. The two versions of the bill will be taken up in conference committee. Given a version of the bill is likely to pass, DPPC staff have already begun developing and implementing a plan to cross train the duties of those anticipated to take part in the program. ACES ACES forms were released in April. The current stage of the evaluation process is to identify goals. The evaluation period is October 30, 2015 through September 30, 2016. The goals and objectives from the agency’s FY2016 Strategic Plan were incorporated into the respected staff’s ACES form. Executive Director Alterio noted that Real Lives was added as a goal as requested by Commissioner Medoff. The Commissioners received copies of ACES forms for Nancy Alterio, Emil DeRiggi, John Brown and Julie Westwater. Following review and discussion the Commissioners signed and approved the ACES as presented. MOTION: VOTE: 4. To accept ACES as presented, motioned by Commissioner Medoff and seconded by Chairperson Varrasso Unanimous to accept ACES as presented Federal Audit The federal audit is on-going. Executive Director Alterio and Deputy Executive Director DeRiggi took part in a telephone meeting on March 27, 2015 as requested by the audit team to receive an update on the status of the audit. A member of the audit team complimented the Massachusetts’s system and the data collection capabilities in comparison to other states they are auditing. A member of the audit team informed DPPC that they will be sending DPPC cases to review to determine whether or not the cases should have been reported to DPPC. The cases will come in patches as there are a significant number of them. The audit should be finished around September 30, 2015. 5. OSHA Expansion The OSHA law was expanded for health and safety of employees and went into effect March 24, 2015. John Brown is attending training and researching to see what DPPC needs to do to be compliant with the new law. DPPC is getting guidance from OSHA, already adhering to most of the sections of law but it may need to tweak some of its current policies or create a new one or two. DPPC Commissioners will receive copies of new and/or updated policies as they are completed/updated. 6. Real Lives Implementation State Auditor and Financial Abuse Reports: To ensure compliance with the Real Lives law and forwarding financial abuse reports to the State Auditors, DPPC has been meeting with DDS and the State Auditor and identify a process for disseminating the financial reports related recipients of self-determination funds. The State Auditor is currently identifying the data fields they want to receive. Once the State Auditor has identified the fields, DPPC will begin the process. The Self-Determination Advisory Board is scheduled to meet for a third time on May 6, 2015. 7. VA New England Healthcare System – Standing Request for Patient Information The Commissioners received copies of the VA Request for Information. DPPC was asked to write a letter to the VA so the VA can release personally identifying information related to individuals who are abused or alleged to be abused. This request is routine and updated every three years to be compliance. 8. Article – Eagle Tribune: Already facing rape, Methuen man charged with assaulting elder The Commissioners received a copy of the Eagle Tribune article titled “Already facing rape, Methuen man charged with assaulting elder”. The article highlights a case that is under investigation by DPPC’s SPDU. 9. 10. Building Partnerships Initiative • Protect, Report, Preserve: Two PRP trainings for provider staff were scheduled and/or held as detailed below. The PRP are half-day trainings. Susan Love and Sergeant Grant conduct the training. o April 2, 2015, Worcester Recovery Center and Hospital was conducted for over 100 attendees. o April 30, 2015 Florian Hall, Dorchester. District Attorney Conley will open the event. There are approximately 150 people registered. • MOU Revisions: The MOUs were disseminated to the Director of Investigations of DDS, DDH and MRC. The MOU’s were also forwarded to MDAA for disseminated to the respective DA/ADA’s for their review and comments. All concerns and needs will be reviewed and finalized MOUs will be sent to respective Commissioners of DDS, DMH and MRC, District Attorneys and Commander of Massachusetts State Police for signature. The updated MOUs will be used as the cornerstone for the Tier I trainings. BPI hopes to conduct two Tier I trainings by the end of June 2015. National Requests/Reports • Participation in the National Adult Maltreatment Reporting System (NAMRS) Pilot: DPPC was one of four states invited to participate in the reporting system pilot program. There was more work involved than originally anticipated. Deputy Executive Director DeRiggi has submitted the requested information and will hear back once all data has been evaluated. MA was the first state to submit information and have it approved. • NAPSA Regional Committee Meeting, Austin, Texas, April 8-9, 2015 – Outcome: Executive Director Alterio attended a two-day strategic planning meeting to determine how NAPSA can support states – through legislation, funding, etc. Prior to the meeting, the NAPSA disseminated a survey to members on how to better serve states. At the regional meeting the survey results were reviewed and regional representatives voiced their respective concerns. Representatives across the country concurred that NAPSA should work to ensure that persons with disabilities are equally supported by NAPSA overall and at the annual conference. A concerted effort is underway to ensure that all workshops work to represent victims with disabilities. DPPC has submitted several papers to present at the 2015 NAPSA conference. The lead presenter will have their registration fee waived and BPI may cover some of the other registration costs and travel this fiscal year. Accommodations cannot be paid this fiscal year. The proposals include: o Jennie Edwards-Hawkins and Anne Monti – training curricula focus o Sgt. Tim Grant and David Viens – communication and interview focus o Nancy Alterio and Beth Farris – BPI and prosecution focus • King County Prosecuting Attorney’s Office in Seattle, WA, October 29, 2015: Page Ulray, King County Prosecutor, asked Executive Director Alterio to provide a keynote presentation at their annual conference on October 29, 2015. 11. Monthly, Quarterly Reports The Commissioners received copies of the following DPPC reports: 12. • Quarterly Report – January, February, March 2015: DPPC’s quarterly report for January through March 2015 was distributed. DPPC continues to email the report for distribution to House and Senate members. • Intake Activity Report – March 2015: The Hotline Activity Report for the month of March 2015 was distributed and reviewed. The Commission received 821 abuse reports during the month compared to 730 in March of FY2014. In addition to the abuse reports, the Hotline received 370 information and referral calls and 80 death reports, a combined total of 1,271 calls to the Hotline in March 2015. • Oversight Activity Report – March 2015: The Oversight Activity Report for the month of March 2015 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 214 cases were closed in comparison to 263 cases being assigned. At the close of the month, there were 923 active oversight cases and 572 overdue investigation reports. This is down from 628 overdue investigation reports in February; however this number may increase in April because of the caseloads. 2,087 cases have been closed to date this fiscal year. • Legal Activity Report – March 2015: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for March 2015 was distributed and reviewed. The Legal Unit received 12 petitions and completed 5 petitions and 34 records requests during the month. There are 393 Petitions pending review. There were fewer completions during February and March due to adverse weather conditions, working on the Real Lives Law, 40 Hour Investigations Training and review of DPPC Policy and Procedures. The legal unit is catching up on matters that have not been addressed in a while. Discussion followed regarding how well DPPC is received in the courts. New Business No new business was discussed. 13. Adjournment MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 5:34 p.m., Chairperson Varrasso seconded. Unanimous to adjourn the meeting at 5:34 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes May 14, 2015 Commissioners Present: Gail Varrasso, Yndia Lorick-Wilmot Ph.D. (participation via phone), Maurice Medoff Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins The meeting was called to order at 4:40 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • 1. Commissioners’ Agenda of May 14, 2015 Commissioners’ Meeting Minutes of April 16, 2015 Budget Report April 2015 Budget Narrative April 2015 DPPC FY15/FY16 Budget Summary DPPC SWM Budget Brief FY2016 DPPC Letter to the Office of the State Auditor re. audit of DPPC activities and operation DPPC Letter of Support re. MA Department of Public Health’s application for federal FY2015 funding through the OVW Sexual Assault Services Formula Program BPI and Hampden District Attorney Tier I training flyer titled, “Crimes Against Persons with Disabilities: Making Your Case” Hotline Activity Report – April 2015 Oversight Activity Report – April 2015 Legal Activity Report – April 2015 Approval of Minutes of Meeting of April 16, 2015 MOTION: VOTE: 2. To accept minutes of April 16, 2015 as received motioned by Commissioner Medoff and seconded by Commissioner Lorick-Wilmot Unanimous to accept the minutes of April 16, 2015 as received Administration and Finance • Monthly Budget Summary Report April FY15: The Monthly Budget Summary Report for April 2015 along with a narrative addressing over/under spending was submitted to the Commissioners for their review and comments. DPPC has spent 81% out of 84% of its budget. 3. • Senate Ways and Means FY16 Budget recommendation, Updated Budget Brief and Budget Process: The SWM FY16 budget recommendation was released on Tuesday, May 12, 2015 and recommended maintenance funding for the agency in the amount of $2,943,391 which will sustain DPPC’s current staffing of 32 FTEs into FY16. Executive Director Alterio explained the budget process going forward. The Conference Committee, comprised of three members from the House and three members from the Senate, conference and make their final recommendation to the Governor; either recommending the Senate or House version of the budget or somewhere in between. The HWM’s version, in the amount of $2,774,793, will require DPPC to reduce its staffing by three, from 32 to 29. The joint Committee’s final recommendation goes to the Governor for final review, approval and signature or it can be vetoed. Both the HWM’s and SWM’s budget recommendations are higher than the Governor’s recommendations. The Governor’s recommendation of $2,725,124 will require DPPC to reduce its staffing by four, from 32 to 28. Given that the Governor’s recommendation is lower, he might veto the recommendation coming out of conference committee and replace it with his lower recommended budget. A budget summary was provided to the Commissioners detailing the FY2016 recommendations and their respective impact on DPPC. The various budget scenarios and process was also shared with DPPC staff during the monthly staff meeting. The Commissioners received a copy of the updated Budget Brief highlighting DPPC’s mandate, milestones, challenges and needs. MASS Advocates have been and will continue to go to the state house in support of DPPC’s maintenance funding. • Employee Retirement Incentive Program (ERIP): The Legislature passed the ERIP bill which the Governor signed into law. Group I employees who are vested (have 10 years of service) who are 55 years of age or have 20 years of service can add five years to their length of service or age. DPPC has since heard they are not eligible because DPPC is classified as an independent state agency. DPPC asked HRD and ANF to review the language in the law as it can be interpreted differently thereby affecting whether DPPC is eligible or not. A discussion ensued regarding the pros and cons of DPPC’s participation and the potential of layoffs if DPPC employees are not eligible and the agency received the HWM’s or Governor’s budget recommendation. City of Springfield vs. DDS and DPPC – Complaint Dismissed (DPPC Case#96184) On April 22, 2015, Hampden Superior Court dismissed the Complaint filed in January 2012 by the City of Springfield against DDS and DPPC. The Complaint stemmed from a 19C Investigation Report (upheld on Petition) that substantiated a finding of abuse against employees who were caretakers of an ALV who sustained 2nd/3rd degree burns as a result of exposure to the sun during a field trip. This Complaint was filed pursuant to G.L. c. 30A, § 14 (allows “any person or appointing authority aggrieved by a final decision of any agency in an adjudicatory proceeding” to seek judicial review with the Superior Court). In addition to arguing that the Complaint was not timely, the Assistant Attorney General was successful in arguing that DPPC is not an adjudicatory agency and therefore the Court lacks subject matter jurisdiction to review DPPC’s Investigation Report. Plaintiff/City of Springfield has 60 days to file an appeal (June 22, 2015). Although an appeal is still possible, this decision supports the DPPC’s longstanding position that DPPC is not an adjudicatory agency and DPPC’s Petition decisions are final – a great outcome for DPPC. 4. 5. State and Federal Audit • DPPC State Audit Representation Letter: As part of the Audit process, DPPC Executive Director signed the State Audit Representation letter as requested by the Auditors. A copy of the letter was provided to the Commissioners. The State Auditors have completed their review and are currently finalizing their draft report. DPPC was informed that the report was sent to Audit management for final review. Following management’s review, a draft report will be sent to DPPC to review and provide comments. DPPC expects the report will find that DPPC is not completing investigations within 30 days as required, which has been a long standing issue given the lack of resources. The Commissioners asked whether the auditors give any assistance based on the report. Executive Director Alterio responded that following the last audit, the Auditor wrote a press release recommending DPPC receive additional funding. The Auditor’s letter was shared with the media, legislature and the Administration as well as placed on the Auditor’s website. It is not known what the Auditor will do this time. • Meeting with DDS and OIG Audit: The federal audit is on-going. Executive Director Alterio and Deputy Executive Director DeRiggi took part in a telephone meeting on March 27, 2015 as requested by the audit team to receive an update on the status of the audit. A member of the audit team complimented the Massachusetts’s system and the data collection capabilities in comparison to other states they are auditing. The audit team has been sending Deputy Executive Director DeRiggi cases, about 500 – 600 cases in total, to review to determine whether or not any of the cases should have been reported to DPPC. The audit should be finished around September 30, 2015. DPPC is meeting with DDS tomorrow to discuss the gaps and any appearance of trends or systemic issues that need to be addressed. The Audit team was notified in advance of the meeting. The audit should be finished around September 30, 2015. Real Lives Implementation Financial Abuse Training: The Real Lives law requires that DDS train employees by August 1, 2015 on self determination including how it works, financial abuse, recognizing and responding to financial abuse, etc. DDS drafted a PowerPoint which DPPC reviewed but it was missing the financial abuse piece. DPPC legal unit developed slides for inclusion in DDS’s PowerPoint. The PowerPoint has been completed and ready to go. This will be an on-line mandatory training for DDS staff. There are approximately 22,000 state employees who need to take this training. Discussion ensued regarding identity theft, fraud, bank participation, etc. Executive Director Alterio commented that banks would benefit from training but they are not mandated reporter in Massachusetts to report to DPPC. DPPC legal staff have been studying financial abuse, fraud, mismanagement of funds in preparation of developing a comprehensive training for mandated reporters and others. In the meantime, several basic slides have been developed and added to DPPC’s basic power point training. 6. Letter of Support on behalf of the Massachusetts Department of Public Health (MDPH) DPH asked DPPC for a letter of support for a federal grant application for continuing funds through the OVW Sexual Assault Services Formula Program. This is a statewide prevention effort that includes rape crisis centers (RCC’s), DPH and others to ensure core services for RCC’s. DPPC will continue to work with DPH and RCC’s to ensure RCC staff are effective when serving persons with disabilities. The Commissioners received a copy of the letter of support. 7. 8. Building Partnerships Initiative • Protect, Report, Preserve: Two PRP trainings for provider staff were completed. The PRP were half-day trainings. Susan Love and Sergeant Grant conducted the trainings. Evaluations received were excellent. o On April 2, 2015 at the Worcester Recovery Center and Hospital, a training was conducted for over 100 attendees. o On April 30, 2015 at Florian Hall, Dorchester, a training was conducted for approximately 150 people. • MOU Revisions: The MOU language was revised and reviewed by DDS, DDH and MRC. The MOU’s were disseminated to the respective DA/ADA’s for their review and comments. All concerns and needs will be reviewed and finalized MOUs will be sent to respective Commissioners of DDS, DMH and MRC, District Attorneys and Commander of Massachusetts State Police for signature. The updated MOUs will be used as the cornerstone for the upcoming Tier I trainings. • Tier I Training – Hampden County, June 10, 2015, Log Cabin, Holyoke: The Commissioners received a copy of the Hampden County Tier I training flyer. District Attorney Gulluni mailed letters and flyers to chiefs of police and fire departments in Hampden County inviting and encouraging first responders and detectives to attend the Tier I training. The DA’s Office will also follow up with calls to ensure law enforcement and others attend. National Requests/Reports West Virginia – Training/Data Collection and Persons with Disabilities: Executive Director Alterio is scheduled to conference with Jim Cremeans, West Virginia’s DD Council to talk about DPPC’s training and data collection on May 29, 2015. 9. Monthly, Quarterly and Annual Reports The Commissioners received copies of the following DPPC reports: • Intake Activity Report – April 2015: The Hotline Activity Report for the month of April 2015 was distributed and reviewed. The Commission received 792 abuse reports during the month compared to 706 in April of FY2014. In addition to the abuse reports, the Hotline received 558 information and referral calls and 69 death reports, a combined total of 1,419 calls to the Hotline in April 2015. With two months to go until the end of the FY2015, DPPC has already received 17,894 calls, compared to 16,304 calls in FY2014. 10. • Oversight Activity Report – April 2015: The Oversight Activity Report for the month of April 2015 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 191 cases were closed in comparison to 219 cases being assigned. At the close of the month, there were 916 active oversight cases and 618 overdue investigation reports. The number of overdue cases has not risen dramatically which is a testament to people doing this work. 2,278 cases have been closed to date this fiscal year. So far this year 3,200 investigations have been worked on; every report made requires research being done to verify whether there are previous cases involving ALV, ALAB, agency, etc. Discussion ensued regarding disability awareness month in the fall being an opportunity for good public relations campaign. • Legal Activity Report – April 2015: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for April 2015 was distributed and reviewed. The Legal Unit received 9 petitions and completed 23 petitions, 27 records requests and 1 records demand during the month. There are 171 Petitions pending review. Discussion followed regarding work being done in legal unit. New Business Executive Director Alterio updated the Commissioners on the progress of the State Police and the excellent work they are doing including conducting challenging investigations, filing charges, making arrests and getting results. 11. Adjournment MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 5:52 p.m., Commissioner Lorick-Wilmot seconded. Unanimous to adjourn the meeting at 5:52 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes June 18, 2015 Commissioners Present: Gail Varrasso, Yndia Lorick-Wilmot Ph.D., Maurice Medoff Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins The meeting was called to order at 4:40 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • • • 1. Commissioners’ Agenda of June 18, 2015 Commissioners’ Meeting Minutes of May 14, 2015 Budget Report May 2015 Budget Narrative May 2015 List of Budget Conference Committee Members DPPC Letter to the Office of Employee Relations re. DPPC Employee Eligibility under Chapter 19 of the Acts of 2015 Operational Services Division Program for Supplier Diversity Program Recognition Ceremony DPPC Offer Letter to Calls Plus re. One Year Renewal Option for After-Hours Hotline Vendor DPPC Mandatory Training Completion Report FY2015 DPPC Policies and Procedures Chart BPI FY2016 Budget BPI FY2016 Annual Plan BPI Tier I Training Agenda of June 10, 2015 District Attorney Gulluni Letter to MASS re. Awareness and Action Training Funds and copy of Check for $16,800 Hotline Activity Report – May 2015 Oversight Activity Report – May 2015 Legal Activity Report – May 2015 Approval of Minutes of Meeting of May 14, 2015 MOTION: VOTE: To accept minutes of May 14, 2015 as received motioned by Chairperson Gail Varrasso and seconded by Commissioner Medoff Unanimous to accept the minutes of May 14, 2015 as received 2. Commissioners FY16 Agreements and Contracts The Commissioners received and signed copies of their respective agreements and contracts for FY16. 3. Commissioners’ Meeting Schedule Commissioners’ decided to hold off meeting during August and scheduled additional meetings for the remainder of 2015. Executive Director Alterio will keep Commissioners’ updated about DPPC Budget announcement, DPPC eligibility in early retirement incentive program and other pertinent business as it occurs. The following meetings will be posted on the DPPC website. • • • • • Thursday, July 16, 2015 at 4:00 p.m. Thursday, September 10, 2015 at 4:00 p.m. Thursday, October 8, 2015 at 4:00 p.m. Thursday, November 5, 2015 at 4:00 p.m. Thursday, December 3, 2015 at 4:00 p.m. Jennie will post the meetings accordingly. 4. Executive Session The Department of the State Auditor conducted an audit of the Disabled Persons Protection Commission (“DPPC”) pursuant to M.G.L. c. 11, § 12. The Auditor provided DPPC with a preliminary draft of the audit and directed DPPC to safeguard the preliminary draft as it is not to be considered a final public document since it is subject to revision by the State Auditor. In order to comply with the State Auditor’s statutory request, the meeting shall now go into Executive Session to discuss the preliminary draft audit. MOTION: VOTE: 5. To go into Executive Session motioned by Commissioner Lorick-Wilmot and seconded by Chairperson Gail Varrasso for the purposes of reviewing and discussing the draft audit report complying with State Auditor’s statutory request not to release publicly Unanimous to go into Executive Session Chairperson Varrasso: Yes Commissioner Lorick-Wilmot: Yes Commissioner Medoff: Yes Administration and Finance • Monthly Budget Summary Report May FY15: The Monthly Budget Summary Report for May 2015 along with a narrative addressing over/under spending was submitted to the Commissioners for their review and comments. With less than a month until the end of the fiscal year, DPPC has spent 90% out of 92% of its budget and is in good fiscal shape. However, DPPC is concerned about FY2016. 6. • FY16 Budget Conferees and Process: The Commissioners were provided with a list of the budget conferees. The Conference Committee is meeting now and making their final budget recommendation of either the Senate or House version of the budget or somewhere in between. Executive Director Alterio explained the budget process going forward. The Conference Committee’s final recommendation goes to the Governor for final review. The Governor will have 10 days to review the recommendation which he can approve or veto. Both the HWM’s and SWM’s budget recommendations are higher than the Governor’s recommendations. The SWM’s FY16 budget recommendation of $2,943,391 will sustain DPPC’s current staffing of 32 FTEs into FY16; HWM’s recommendation of $2,774,793 will require DPPC to reduce its staffing by three, from 32 to 29; the Governor’s recommendation of $2,725,124 will require DPPC to reduce its staffing by four, from 32 to 28. Given that the Governor’s recommendation is lower, he could veto the recommendation coming out of conference committee and replace it with his lower recommended budget. A budget summary was provided to the Commissioners detailing the FY2016 recommendations and their respective impact on DPPC. MASS Advocates have been and will continue to go to the state house in support of DPPC’s maintenance funding. • Employee Retirement Incentive Program (ERIP): The Legislature passed the ERIP bill which the Governor signed into law. Group I employees who are vested (have 10 years of service), are 55 years of age or have 20 years of service can add five years to their length of service or age. DPPC has since heard they are not eligible because DPPC is classified as an independent state agency. DPPC asked HRD to review the language in the law to reconsider whether DPPC is eligible or not. A discussion ensued regarding the pros and cons of DPPC’s participation in ERIP and potential layoffs if DPPC receives the HWM’s or Governor’s budget recommendation. Executive Director Alterio sent a letter to OER/HRD as recommended by OER highlighting the reasons why DPPC’s employees should be eligible. A copy of the letter was provided to the Commissioners. Operational Services Division – Supplier Diversity Recognition Ceremony On June 12, 2015, Audrey Drinan received an award for her two year successful participation in the MA supplier diversity program. When DPPC orders supplies, Audrey researches and, when possible, uses suppliers who are identified as minorities. The Commissioners asked Executive Director Alterio to thank Audrey for her efforts. 7. State and Federal Audit • State Audit: DPPC received and reviewed a draft report, has sent back comments and is awaiting the final report. The details were discussed in Executive Session. • Federal Audit: The federal audit is on-going. The audit team sent Deputy Executive Director DeRiggi approximately 600 cases to review to determine whether or not any of the cases should have been reported to DPPC. Deputy Executive DeRiggi felt that 132 of these cases should have been reported to DPPC. Executive Director Alterio and Deputy Director DeRiggi met with DDS Commissioner and other DDS staff to discuss any possible reporting gaps and trends, such as omission, that need to be addressed. Although client on client abuse does not fall within 19C jurisdiction, if there is an injury due to client on client abuse, it should be reported and investigated for possible caregiver omission/negligence. It appears that many of the cases not reported are related to caregiver omission. Staff need to be better educated on omission/negligence to prevent future incidents from not being reported. Deputy Director DeRiggi is looking at the cases that were not but should have been reported for possible risk to the individual and determining whether the case should now be reported to and investigated by DPPC or has the situation been effectively addressed. The Federal Auditors are in the process of writing their report but continue to ask questions. Their goal is to have the audit and report completed by September 30, 2015. 8. Calls Plus - Offer Letter The Commissioners received a copy of the Calls Plus offer letter for their review. As the contract is for a one year option, it does not need to be put out to bid. 9. Mandatory Training Report The Commissioners received a copy of the DPPC mandatory staff trainings that must be completed by staff by June 30, 2015. 10. DPPC Policies and Procedures The Commissioners received a list of DPPC Policies and Procedures by unit and reviewed. Executive Director Alterio explained that DPPC managers are reviewing their unit policies and procedures to determine which ones need updating. This will be done over the course of the year. Legal Unit policies and procedures need the most updating as there was limited staff and time previously to complete this task. Many procedures such as access to records and petitions are done differently now. The system is more streamlined and efficient so it needs to be reflected in the policies and procedures. The updates are also being prioritized according to need and time. The Commissioners will be made aware of updates on a continuous basis. 11. Building Partnerships Initiative • MOU Revisions: The MOU’s were disseminated to the respective DA/ADA’s for their review and comments. All concerns and needs will be reviewed and finalized MOUs will be sent to respective Commissioners of DDS, DMH and MRC, District Attorneys and Commander of Massachusetts State Police for signature. The updated MOUs will be used as the cornerstone for the upcoming Tier I trainings. • Tier I Training – June 10, 2015, Log Cabin, Holyoke: The first Tier I training was conducted in Hampden County with approximately 110 law enforcement personnel attending. Hampden District Attorney Gulluni presented MASS with a check to fund 20 A&A trainings in Hampden County. Hopefully other District Attorney’s will follow suit. The Commissioners received copies of BPI Tier I Agenda and District Attorney Gulluni’s check to MASS. • FY2016 Funding, Annual Plan and Budget: Executive Director Alterio and Co-Chair Elizabeth Scheibel met with DDS Commissioner Howe who agreed to fund BPI $80,000 for FY2016. Most of the funds are for training purposes such as Tier I, Protect, Report, Preserve (PRP), Awareness and Action (A&A) and new recruit training. A copy of BPI’s FY16 Annual Plan and Budget was provided to the Commissioners. 12. National Requests/Reports West Virginia – Data Collection and Persons with Disabilities: West Virginia’s Developmental Disability Council asked DPPC for training information which has since been sent. 13. Monthly, Quarterly and Annual Reports The Commissioners received copies of the following DPPC reports: • Intake Activity Report – May 2015: The Hotline Activity Report for the month of May 2015 was distributed and reviewed. The Commission received 729 abuse reports during the month of May of FY2015. In addition to the abuse reports, the Hotline received 431 information and referral calls and 77 death reports, a combined total of 1,237 calls to the Hotline in May 2015. With one month to go until the end of the FY2015, DPPC has already received 19,131 calls, compared to 16,304 calls in FY2014. If reporting continues to increase at the same rate, intake may break the record with over 900 reports a month. • Oversight Activity Report – May 2015: The Oversight Activity Report for the month of May 2015 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 225 cases were closed in comparison to 242 cases being assigned. At the close of the month, there were 1,011 active oversight cases and 588 overdue investigation reports. 2,503 cases have been closed to date this fiscal year. Oversight Officers have huge caseloads and also answer the Hotline. • Legal Activity Report – May 2015: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for May 2015 was distributed and reviewed. The Legal Unit received 3 petitions and completed 7 petitions, 90 records requests and 1 records demand during the month. There are 366 Petitions pending review. Fewer petitions were completed during May 2015, due to work being done on ERIP, audit response, legal policies and procedures review and draft process and one guardianship case. 14. New Business: No new business 15. Adjournment MOTION: VOTE: Commissioner Lorick-Wilmot motioned to adjourn the meeting at 6:30 p.m., Chairperson Varrasso seconded. Unanimous to adjourn the meeting at 6:30 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Executive Session June 18, 2015 : • • • 1. • o o . • . 2. Return to Open Meeting MOTION: VOTE: Commissioner Medoff motioned to exit out of Executive Session and return to the open meeting, Commissioner Lorick-Wilmot seconded Unanimous to return to Open Meeting Chairperson Varrasso: Yes Commissioner Lorick-Wilmot: Yes Commissioner Medoff: Yes DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes July 16, 2015 Commissioners Present: Yndia Lorick-Wilmot Ph.D., Maurice Medoff Commissioners Not Present: Gail Varrasso Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins The meeting was called to order at 4:15 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • 1. Commissioners’ Agenda of July 16, 2015 Commissioners’ Meeting Minutes of June 18, 2015 Commissioners’ Executive Session Minutes of June 18, 2015 Budget Report June 2015 Budget Narrative June 2015 FY2016 Conference Committee Report ACES Progress Review Stage for o Nancy A. Alterio o John W. Brown o Emil A. DeRiggi, Jr. o Julie Howley Westwater EPRS – FY15 Final Review Stage C, FY16 Stage A and FY16 Form30 o Jennifer A. Edwards-Hawkins o Susan Love Office of the State Auditor , Official Audit Report, Issued July 9, 2015 DPPC Written Testimony re. Senate Bills 81 and 105 DPPC Mandatory Training Completion Report June 30, FY2015 Quarterly Report – April, May, June 2015 Hotline Activity Report – June 2015 Oversight Activity Report – June 2015 Legal Activity Report – June 2015 Appointment of Chairperson for Meeting of July 16, 2015 MOTION: VOTE: To nominate Commissioner Medoff as Chairperson for the meeting of July 16, 2015 motioned by Commissioner Lorick-Wilmot and seconded by Commissioner Medoff Unanimous to accept Commissioner Medoff as Chairperson for the meeting of July 16, 2015 2. Approval of Minutes of Meeting of June 18, 2015 MOTION: VOTE: 3. Approval of Executive Session Minutes of Meeting of June 18, 2015 MOTION: VOTE: 4. 5. To accept minutes of June 18, 2015 as received motioned by Chairperson Medoff and seconded by Commissioner Lorick-Wilmot Unanimous to accept the minutes of June 18, 2015 as received To accept minutes of Executive Session meeting of June 18, 2015 as received motioned by Chairperson Medoff and seconded by Commissioner Lorick-Wilmot Unanimous to accept the minutes of Executive Session meeting of June 18, 2015 as received Administration and Finance • Monthly Budget Summary Report June FY15: The Monthly Budget Summary Report for June 2015 along with a narrative addressing over/under spending was submitted to the Commissioners for their review and comments. To date, DPPC has spent 99% out of 100% of its budget with just over $28,000 left to cover additional invoices for expenses purchased during fiscal year 2015. Once outstanding bills are paid, the number to be reverted back to the general fund will most likely be considerably less. Commissioners will receive a final budget summary report at the next meeting. Executive Director Alterio commended Manager John Brown for doing a good job on maintaining funding and spending accordingly. • FY16 Budget Conferees Report: The Commissioners were provided a copy of the FY16 Budget Conferees Report which recommended the Senate budget number. This allows DPPC to maintain 32 FTEs. The budget recommendation is now with the Governor who can either approve or veto. The budget is due to be signed tomorrow – July 17, 2015. Executive Director Alterio will email the Commissioners about the budget when she receives information. • Employee Retirement Incentive Program (ERIP): The Legislature passed the ERIP bill which the Governor signed into law. Group I employees who are vested (have 10 years of service), are 55 years of age or have 20 years of service can add five years to their length of service or age. DPPC received official notice they are not eligible because DPPC is classified as an independent state agency. If DPPC receives the Senate budget recommendation, staffing will remain at 32 FTEs. If not, DPPC will have to layoff staff and restructure positions; this would be about a month long process. A discussion ensued regarding the process which involves submitting a plan to OER, NAGE and the Office of Diversity for review and/or approval. ACES – Progress Review Stage • The Commissioners received copies of the ACES Progress Review Stage forms for review and signature. This is the semi-annual review that tracks progress and looks at goal management and not core competencies or career goals. Options for rating objectives are ‘Not Applicable’, ‘Below’, ‘On Target’, or ‘Above Target’. Options for Overall Ratings are limited to ‘Below’ or ‘Meets Expectations’. Commissioners reviewed, discussed and approved the ACES ratings of Executive Director’s reporting staff and established the rating of the Executive Director. All three managers, supervised by Executive Director Alterio received on or above target related to their individual objectives and a meets expectation for their overall rating. The Commissioners provided the Executive Director Alterio with ratings of on or above target related to her individual objectives and overall a meets expectation. Overall ratings are as follows: o o o o Nancy Alterio – Meets Expectations John Brown – Meets Expectations Emil DeRiggi – Meets Expectations Julie Westwater – Meets Expectations MOTION: VOTE: 6. To accept ACES ratings as presented by the Executive Director motioned by Chairperson Medoff, seconded by Commissioner Lorick-Wilmot Unanimous to accept the ACES ratings as received EPRS – FY15 Final Review Stage C and FY16 Stage A FY15 Final Review Stage C: Executive Director Alterio reviewed staff’s overall progress and end of year ratings with the Commissioners. Employees are given a rating of ‘Exceeds’, ‘Meets’ or ‘Below’ depending upon their overall performance. To obtain an overall rating of exceeds, the employee needs to work above and beyond expectations. Executive Director Alterio added that a rating of meets expectations is a good rating and means the employee is working up to expectations. A discussion ensued regarding how to motivate staff to achieve an ‘Exceeds’ rating. The completed EPRS forms were distributed to the Commissioners for review and signature. Executive Director Alterio provided the following ratings for her reporting staff: o Jennifer Edwards-Hawkins – Exceeds o Susan Love – Meets MOTION: VOTE: To accept EPRS ratings as presented motioned by Commissioner LorickWilmot, seconded by Chairperson Medoff Unanimous to accept the EPRS ratings as received FY2016 Stage A: The Executive Director’s reporting staff Stage A goal development EPRS forms were also submitted to the Commissioners for review and signature. Stage A is the first of three stages of the year and is the planning stage whereby individual’s objectives are established. A discussion ensued regarding a change in objectives for Susan Love as a result of job restructuring. The following EPRS FY2016 Stage A forms were submitted to the Commissioners for review and signature: o Jennifer Edwards-Hawkins – objectives remain the same o Susan Love – change in objectives MOTION: VOTE: To accept EPRS Stage A as presented by the Executive Director motioned by Commissioner Lorick-Wilmot, seconded by Chairperson Medoff Unanimous to accept EPRS Stage A as received 7. 8. State and Federal Audit • State Audit – Final Report: The Office of the State Auditor mailed the DPPC a copy of the Official Audit Report and copies were distributed to the Commissioners by the Executive Director Alterio. The Auditor’s Office also mailed original copies to the Commissioners home addresses. The wording in the official report is somewhat different than the draft reflecting that some of DPPC’s comments were taken into consideration. The report format seems to portray a negative view of DPPC. All were in agreement about being frustrated when reading the report. The report finds DPPC doesn’t always record notifying alleged abusers of their rights and that DPPC does not always document why a report is late. Although DPPC is not required by statute or regulation to record notifications of rights to alleged abusers, the Audit found DPPC neglected to record this activity. Although not required, but to address the Audit’s concern, Deputy Executive Director DeRiggi has created fields in the database to capture the notifications. In addition, Deputy Executive Director has also created fields to track overdue investigations. Deputy Executive Director DeRiggi has also addressed these issues with DDS and once the tracking fields have been finalized the new process will apply to all three protective service agency. Commissioner Lorick-Wilmot commented on the report. She was concerned, felt the report was not well framed and the data presented did not reflect DPPC positively. As the auditors reviewed about 20 cases, out of about 5,000 cases, the sampling was way too low and therefore not reliable. Chairperson Medoff restated the need for auditors to have an orientation before undertaking an audit and agreed with Commissioner Lorick-Wilmot that the report is full of holes. • OIG Audit: The Federal Auditors are in the process of writing their report but continue to ask Deputy Executive Director DeRiggi for input and to clarify areas of uncertainty. DPPC will get a final copy of the report as it will include information on the DPPC. Their goal is to have the audit and report completed by September 30, 2015. Commissioner Lorick-Wilmot asked if it were possible for the auditors to recommend federal grant opportunities for APS to improve operations. If a policy mandate comes through, it may result in funding opportunities for states to improve their systems. Executive Director Alterio responded DPPC would apply for funding if applicable but there are very few grants that DPPC can apply for. She added DPPC just applied for funding through a federal grant (full details under National Requests/Report). This is the first federal grant opportunity specifically designated for APS since Executive Director Alterio has been with the agency. Legislation Executive Director Alterio presented oral and written testimony to the Joint Committee for Families, Children and Persons with Disabilities in support of Senate Bills 81 – An Act Relative to the Protection of Persons with Disabilities and Senate Bill 105 – An Act Protecting Disabled Persons from Financial Exploitation. DPPC supports Senate Bill #105 but only with funding attached. A brief discussion ensued. A copy of the Executive Director’s written testimony was provided to the Commissioners. 9. Staff Mandatory Training Report The Commissioners received and reviewed a copy of the DPPC mandatory staff trainings showing DPPC staff completed all online trainings by the June 30, 2015 deadline. There are a couple of classroom trainings that need to be completed but they are not available through HRD at this time. 10. 11. Building Partnerships Initiative • MOU Revisions: The MOU’s were disseminated to the respective District Attorneys for their review. Upon final approval, they will be resent to the respective Commissioners of DDS, DMH and MRC, District Attorneys and Commander of Massachusetts State Police for signature. Hampden County Counsel Elizabeth Dunphy Farris is taking the lead on this project following up with the District Attorneys. The updated MOUs will be used as the cornerstone for the Tier I trainings. • FY2016 Funding: Commissioner Howe agreed to fund BPI $80,000 for FY2016 but the Governor needs to sign the budget before funds can be released. Most of the funds are for training purposes such as Tier I, Protect, Report, Preserve (PRP), Awareness and Action (A&A) and new recruit training. National Requests/Reports • NAPSA Conference, FL, 09.28 – 10/01/2015: BPI/DPPC submitted three papers to present at the NAPSA Annual Conference in Orlando, FL on September 29 – October 1, 2015. All three proposals were reviewed and accepted. The proposals include: o Jennie Edwards-Hawkins and Anne Monti – training curricula focus. BPI is covering Anne Monti’s cost. Jennie’s registration is waved as she is the lead presenter. Jennie is covering her own airfare and sharing a room with Anne. o Sgt. Tim Grant and David Viens – communication, interview and investigation focus. Sergeant Grant’s cost is being covered by BPI. David’s registration is waived by NAPSA as the lead presenter. DPPC is covering David’s airfare. o Nancy Alterio and Beth Farris – BPI and prosecution focus. DPPC is covering the cost of Executive Director Alterio’s expenses to attend and present at the conference. • King County Prosecuting Attorney’s Office, WA, 10/29/15 – DV Cases: BPI CoChair/DPPC Executive Director was invited by King County Prosecuting Attorney’s Office to provide a keynote presentation at their annual conference on October 29, 2015 in Seattle, WA. They will cover all costs – hotel, airfare, transfers, per diem, etc. They also offered an honorarium which Executive Director Alterio is unable to accept. • Administration for Community Living (ACL) Funding of State grants “To enhance APS systems statewide, to include innovations and improvement in practice, services and data collection and reporting, as well as their technical ability to interface with ACL’s National Adult Maltreatment Reporting System (NAMRS)”: ACL, within the federal office of the Department of Health and Human Services announced a new grant funding opportunity titled “State Grants to Enhance Adult Protective Services” designed to provide states one-time funding to enhance their APS systems statewide, to include innovations and improvement in practice, services, and data collection and reporting, as well as their technical ability to interface with ACL's National Adult Maltreatment Reporting System (NAMRS). Eligible applicants are the state government offices that administer the state's adult protective services and/or elder protective services program. The application was due on or about July 6, 2015. DPPC submitted an application for funding on or about July 1, 2015. This is a two year grant in the amount of $300,000 over the two year period. Funding is not added to DPPC budget because it is not part of day-to-day work but a separate project; most of the funding would go to the partnering agencies to their respective specialties. It is a worthwhile project with the focus on improving access and services that address trauma for persons with developmental/intellectual disabilities. The project will involve developing training modules, cross training Rape Crisis counselors on disability issues, cross training others on trauma and providing technical assistance to Rape Crisis Centers, DDS and Riverside Trauma. This could be an adaptable program/model that can be replicated across the country. If awarded, the start date for this project is on or about October 1, 2015. 12. Monthly, Quarterly and Annual Reports DPPC Commissioners received copies of the following DPPC reports: • Quarterly Report – April, May, June 2015: Upon reviewing graph of counties, Commissioner Lorick-Wilmot asked why Middlesex County had the highest numbers. This is due to Middlesex being the largest county and having the highest population. • Intake Activity Report – June 2015: The Hotline Activity Report for the month of June 2015 was distributed and reviewed. The Commission received 881 abuse reports during the month of June of FY2015. In addition to the abuse reports, the Hotline received 472 information and referral calls and 66 death reports, a combined total of 1,419 calls to the Hotline in June 2015. During FY2015 DPPC received almost 9,500 abuse reports (5% increase from last year), 841 death reports (12% increase from last year) and 5,123 information and referral calls for a total of 15,413 calls to the Hotline. • Oversight Activity Report – June 2015: The Oversight Activity Report for the month of June 2015 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 242 cases were closed in comparison to 296 cases being assigned. At the close of the month, there were 1,044 active oversight cases and 593 overdue investigation reports. 2,745 cases have been closed to date this fiscal year. Oversight Officers have huge caseloads and also answer the Hotline. It is a testament to DPPC staff that despite the dramatic increase in reports, the number of overdue cases has remained stable. The oldest cases are from 2013 which is less old than in previous years; the delay is usually due to the presence of criminal activity and prosecution. • Legal Activity Report – June 2015: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for June 2015 was distributed and reviewed. The Legal Unit received 6 petitions and completed 14 petitions, 54 records requests and 1 records demand during the month. There are 162 Petitions pending review. 13. New Business: No new business was discussed. 14. Adjournment MOTION: VOTE: Commissioner Lorick-Wilmot motioned to adjourn the meeting at 6:00 p.m., Chairperson Medoff seconded. Unanimous to adjourn the meeting at 6:00 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes September 10, 2015 Commissioners Present: Yndia Lorick-Wilmot Ph.D., Maurice Medoff, Gail Varrasso Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins The meeting was called to order at 4:00 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • 1. Commissioners’ Agenda of September 10, 2015 Commissioners’ Meeting Minutes of July 16, 2015 Final Budget Report June 2015 Final Budget Narrative June 2015 Budget Report August 2015 Budget Narrative August 2015 FY2016 Budget Summary DPPC Annual Strategic Planning Meeting Agenda, September 10, 2015 Self Determination Advisory Board Agenda, September 9, 2015 Washington State Annual Conference October 29, 2015 Save the Date flyer Letter of appreciation from Department of Health and Human Services, Administration for Community Living (ACL), Washington DC to DPPC for participation in NAMRS project Hotline Activity Report – August 2015 Oversight Activity Report – August 2015 Legal Activity Report – August 2015 Approval of Minutes of Meeting of July 16, 2015 MOTION: VOTE: 2. To accept minutes of July 16, 2015 as received motioned by Commissioner Lorick-Wilmot and seconded by Commissioner Medoff Unanimous to accept the minutes of July 16, 2015 as received. Chairperson Varrasso abstained. Administration and Finance • Final Monthly Budget Summary Report June FY15: The Final Monthly Budget Summary Report for June 2015 along with a narrative was submitted to the Commissioners for their review and comments. This concludes the spending for FY2015. DPPC spent 99.97% out of 100% of its budget with only $946 reverted back to the general fund. Executive Director Alterio commended Manager John Brown for doing an effective job on the budget. Discussion ensued regarding IT chargebacks and whether DPPC will have these this fiscal year. Yes, it is usually consistent and the budget line item allocation is based on estimate from IT. CallsPlus is also an educated estimate based on projections because it is not known how much calls will increase from year to year. 3. • Appropriation FY16: DPPC received the higher of the budget numbers coming out of the conference committee enabling DPPC to sustain its 32 FTEs into FY2016. Executive Director Alterio was thankful to the Governor for supporting and signing the budget and hoped there would be no 9C cuts in the agency’s future. • Spending Plan FY16: The required FY2016 Spending Plan was completed and submitted to ANF accordingly. • Monthly Budget Summary Report August 2015: The Monthly Budget Summary Report for August 2015 along with a narrative was submitted to the Commissioners for their review and comments. DPPC has spent 14% out of 17% of the budget in the first two months of the year. • Employee Retirement Incentive Program (ERIP): DPPC received the final official notice they are not eligible for the early retirement program because DPPC is classified as an independent state agency. IT Challenges DPPC encountered an electrical power outage over the weekend which affected the network. DPPC has automatic updates and notifications in place but there was a problem with the server notification system. The Intake database was affected and a two week period of data appears to be missing. DPPC is working with the vendor, Microsoft, FileMaker Pro and IT to locate and upload missing data. If the data cannot be uploaded using the backup systems, then the data can be recreated but it will take a significant amount of time and resources. Hopefully the data can be recaptured automatically and not manually inputted. DPPC has an internal control plan in place to address situations like this that may arise. While the database problem is being corrected, CallsPlus has been taking the abuse calls and collecting/storing data. Additional use of CallsPlus will result in increased costs but the problem should be resolved by tomorrow morning. Discussion ensued as to how the issue arose. Although they are still trying to determine the exact cause, it is believed that a ‘self-correct’ component written into the program was corrupt, resulting in DPPC not being notified of the problem. 4. Annual Strategic Planning Meeting DPPC held its annual strategic planning meeting on Thursday, September 10, 2015. An introductory PowerPoint and schematic on the conference room wall depicted DPPC’s Continuous Quality Management and explained the events of the day. Small groups of staff, with representation from each unit, worked cooperatively throughout the day. The morning was spent reviewing FY2015 goals and objectives and listing individual and agency accomplishments; the afternoon comprised of staff brainstorming and developing goals for FY2016. The Commissioners received a copy of the meeting agenda. Discussion ensued regarding the day’s events. The Commissioners will receive a copy of the Strategic Plan once completed. 5. 6. Real Lives Implementation • Meeting of September 9, 2015: Another Self-Determination Advisory Board was held on September 9th. DDS continues to handle the day to day work and drafting an agenda, preparing the handouts, organizing the presenters and updating the work plan. A work plan was created months ago and as sections are completed, they are taken out. There were originally over 30 sections; there are now 19 remaining and some are on-going. General Counsel Westwater is an active member of the Real Lives Board which Executive Director Alterio chairs. There are about 23 members. The meeting minutes and work plans are on DDS website. • DPPC Annual Reporting: The Real Lives Law requires DDS to submit an annual report to the Joint Committee on Children, Families and Persons with Disabilities on their progress implementing the Real Lives program. DPPC is also required to submit a report to the Joint Committee pertaining to the financial abuse reports. Deputy Executive Director DeRiggi and General Counsel Westwater are drafting the report. • House Oversight: Commissioner Howe announced that the House Oversight Committee may ask DDS and some of the Board members to come in to the State House and talk about the program to date. Federal Audit OIG Audit: The audit has been completed and Federal Auditors are in the process of writing their report. DPPC will get a final copy of the report as it will include information on the DPPC. The lead auditor contacted the DPPC to inquire on the cases and the safety of the alleged victims that DPPC became aware of through the audit. 7. SPDU Executive Director Alterio reported that Sergeant Grant is planning on being in the office at least one day a week and is set up to work from home when he is able to make it into the office. 8. Building Partnerships Initiative Finalizing MOUs: A meeting has been planned for Friday, October 23, 2015 to finalize the MOUs and work to have them signed off by the 11 respective District Attorneys, Commissioners of state agencies and Colonel of the State Police. Assistant District Attorneys have been invited from the 11 district attorney offices. Hampden County Legal Counsel Elizabeth Dunphy Farris, BPI Co-chair Elizabeth D. Scheibel and Executive Director Alterio will co-chair the meeting. Elizabeth Dunphy Farris is the lead on this project. The updated MOUs will be used as the cornerstone for the Tier I trainings. 9. National/International Requests/Reports • NAPSA Conference, FL, 09.28 – 10/01/2015: BPI/DPPC submitted three papers to present at the NAPSA Annual Conference in Orlando, FL on September 29 – October 1, 2015. All three proposals were reviewed and accepted. The proposals include: o Jennie Edwards-Hawkins and Anne Monti – training curricula focus. BPI is covering Anne Monti’s cost. Jennie’s registration is waved as she is the lead presenter. Jennie is covering her own airfare and sharing a room with Anne. o Sgt. Tim Grant and David Viens – communication, interview and investigation focus. Sergeant Grant’s cost is being covered by BPI. David’s registration is waived by NAPSA as the lead presenter. DPPC is covering David’s airfare. David is sharing a room with Sergeant Grant and BPI is covering the room cost. o Nancy Alterio and Beth Farris – BPI and prosecution focus. DPPC is covering the cost of Executive Director Alterio’s expenses to attend and present at the conference. Hampden District Attorney’s Office is covering Beth’s cost. Commissioner Lorick-Wilmot asked if someone was unable to present could they provide an online presentation instead, thereby allowing funding to be used elsewhere. Executive Director Alterio responded with regards to a national conference, people may not want workshops in this format because they have paid to attend the conference and see the presenters in person. However, DPPC is planning on providing more online training this fiscal year. • King County Prosecuting Attorney’s Office, WA, 10/29/15 – DV Cases: DPPC Executive Director Alterio was invited by King County Prosecuting Attorney’s Office to provide a keynote presentation at their annual conference on October 29, 2015 in Seattle, WA. King County is covering the costs of hotel, airfare, transfers and per diem. They also offered an honorarium which Executive Director Alterio did not accept. • Administration for Community Living (ACL) Funding of State grants “To enhance APS systems statewide, to include innovations and improvement in practice, services and data collection and reporting, as well as their technical ability to interface with ACL’s National Adult Maltreatment Reporting System (NAMRS)”: ACL, within the federal office of the Department of Health and Human Services announced a new grant funding opportunity titled “State Grants to Enhance Adult Protective Services” designed to provide states one-time funding to enhance their APS systems statewide, to include innovations and improvement in practice, services, and data collection and reporting, as well as their technical ability to interface with ACL's National Adult Maltreatment Reporting System (NAMRS). Eligible applicants are the state government offices that administer the state's adult protective services and/or elder protective services program. DPPC submitted an application for funding on or about July 1, 2015. This is a two year grant in the amount of $300,000 over the two year period. Funding is not added to DPPC budget because it is not part of day-today work but a separate project; most of the funding would go to the partnering agencies to their respective specialties. It is a worthwhile project with the focus on improving access and services that address trauma for persons with developmental/intellectual disabilities. The project will involve developing training modules, cross training Rape Crisis counselors on disability issues, cross training others on trauma and providing technical assistance to Rape Crisis Centers, DDS and Riverside Trauma. This could be an adaptable program/model that can be replicated across the country. If awarded, the start date for this project is on or about October 1, 2015. Discussion ensued regarding people from various countries being victims of domestic violence and trafficking. 10. • Voluntary Federal Guidelines for APS: Voluntary Federal Guidelines were distributed to APS agencies across the United States. The goal is to establish minimal standards. They are in draft form. DPPC legal unit and management team are reviewing them and will submit comments. Copies will be given to the Commissioners upon completion. Various experts in the field drafted the guidelines – they included Paul Needham (OK), Holly Ramsey-Klausnik (MA), Mary Counihan (CA) all NAPSA members. The guidelines are voluntary not mandatory. If they ever become mandatory, perhaps federal funding would follow. • Singapore Study Trip – October 8 and 9, 2015: A team of APS professionals from Singapore will be visiting DPPC to learn about its operations. Following a national search they choose DPPC as one of their site visits. The visitors will spend a day with DPPC and a second day with other agencies including SANE. They will also be attending the NAPSA conference and talking to others from across the US. Commissioner Medoff commented that it would also be good to get information about their system. Monthly Reports DPPC Commissioners received copies of the following DPPC reports: • Intake Activity Report – August 2015: The Hotline Activity Report for the month of August 2015 was distributed and reviewed. The Commission received 850 abuse reports during the month of July and 848 reports during the month of August of FY2016. In addition to the abuse reports, the Hotline received 542 information and referral calls and 78 death reports, a combined total of 1,468 calls to the Hotline in August 2015. June, July and August has seen the highest number of reports resulting in an increase in investigations. • Oversight Activity Report – August 2015: The Oversight Activity Report for the month of August 2015 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 233 cases were closed in comparison to 257 cases being assigned. At the close of the month, there were 1,018 active oversight cases and 603 overdue investigation reports. Over 500 investigations were assigned during the first two months of FY2016; there are approximately 50 investigators statewide. • Legal Activity Report – August 2015: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for August 2015 was distributed and reviewed. The Legal Unit received 11 petitions and completed 32 petitions, 27 records requests and 0 records demand during the month. There are 169 Petitions pending review. 11. New Business: Discussion ensued regarding an increase in sexual abuse cases and the log on processing rape kits. 12. Adjournment MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 5:35 p.m., Chairperson Varrasso seconded. Unanimous to adjourn the meeting at 5:35 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes October 8, 2015 Commissioners Present: Yndia Lorick-Wilmot Ph.D. (participation by phone), Maurice Medoff, Gail Varrasso Staff Present: Nancy A. Alterio, Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Due to geographic reasons, Commissioner Yndia Lorick-Wilmot participated by phone. The meeting was called to order at 4:00 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • 1. Commissioners’ Agenda of October 8, 2015 Commissioners’ Meeting Minutes of September 10, 2015 Budget Report September 2015 Budget Narrative September 2015 Letter to Representative Kay Khan re. DPPC Budget Needs Summary DPPC Budget #1 Maintenance DPPC Budget #2 Expansion Financial Abuse Letter to Colonel Richard D. McKeon, MSP, requesting Active Shooter Training ACL Grant Award Notification Singapore Study Trip Agenda of September 9, 2015 Hotline Activity Report – September 2015 Oversight Activity Report – September 2015 Legal Activity Report – September 2015 Approval of Minutes of Meeting of September 10, 2015 MOTION: VOTE: 2. To accept minutes of September 10, 2015 as received motioned by Chairperson Varrasso and seconded by Commissioner Medoff Unanimous to accept the minutes of September 10, 2015 as received. Administration and Finance • Monthly Budget Summary Report September FY15: The Monthly Budget Summary Report for September 2015 along with a narrative was submitted to the Commissioners for their review and comments. This concludes the spending plan for the first quarter of FY2016. DPPC spent 24% out of 25% of its budget and is on track. There are no budgetary concerns at the moment. • Supplemental Budgets Request: The Commissioners received copies of the letter to Rep. Kay Khan, House Chair, Joint Committee on Children, Families and Persons with Disabilities, regarding DPPC budget needs and two budgets for review. Lisa Rosenfeld, Chief Counsel, contacted Executive Director Alterio on Rep. Khan’s behalf to discuss DPPC budget needs. After reviewing the State Audit, Rep. Khan was concerned about DPPC being unable to meet investigation timelines due to lack of resources. As there is legislation pending requiring DPPC to conduct financial abuse investigations, Rep. Khan asked DPPC to submit two budget numbers - one that would enable DPPC to be fully functional and a second that indicates what it would cost to complete financial investigations. Representative Khan’s supplemental budget request was presented to Representative Dempsy, Chair of Joint Ways and Means Committee, but it didn’t go anywhere. Ms. Rosenfeld suggested that Executive Director Alterio forward the narrative and budgets to Senator Flanagan, Senate Chair of Children, Families and Persons with Disabilities, who subsequently shared the information with Senator Karen Spilka, Senate Chair of the Joint Committee on Ways and Means. Executive Director Alterio appreciates that leadership is having a dialogue about the needs of DPPC and is willing to file a supplemental budget on DPPC’s behalf. As significant funding is required, it is a long shot, but it is good news. If nothing else, hopefully DPPC’s resources will be maintained into FY17. The Commissioners asked how DPPC came up with the budget numbers. Deputy Executive Director DeRiggi ran current investigation numbers, projected numbers, took into consideration financial abuse reports (which will likely increase significantly) and examined caseloads to determine the amount needed. DPPC compared current DPPC investigations caseloads to other MA agency caseloads and also talked to other states about their caseloads. Additionally, NAPSA conducted a national study and supported/recommended a caseload of 25. Currently, DPPC investigators average a caseload of 50+ and DPPC Oversight Officers average a caseload of over 250 cases which is impossible to ensure protections. DCF has a caseload of about 18 and is hoping to reduce it. There is a lot of negative attention on DCF because child abuse cases are resulting in tragic deaths. Executive Director Alterio is concerned given the extremely high caseloads that it is not ‘if’ but ‘when’ the same issues will arise at DPPC. Representative Khan appears to understand the problem and is looking to address it through a supplemental budget. • 3. Personnel: Executive Director Alterio announced that DPPC’s newest investigator is leaving as he was presented with a great opportunity. He has been an excellent addition to the unit and will be missed. The position was posted on Monday, October 5, 2015 and 50 resumes have already been received. IT Challenges Several weeks back DPPC encountered an electrical power outage over a weekend which affected the network. DPPC has automatic updates and notifications in place but there was a problem with the server notification system. The Intake database was affected and a two week period of data went missing. The data could not be uploaded using the backup systems, but it was recreated manually by DPPC staff. Anne Murray was instrumental and took the lead on the project to restore all the missing information. 4. Annual Strategic Planning Meeting Managers met and selected the goals from the schematic developed at the Strategic Planning Meeting. The Commissioners will receive a copy of the FY2015 Accomplishments and draft FY2016 Strategic Plan once completed. 5. 6. Real Lives Implementation • DPPC Annual Reporting: DPPC must submit a report to the Joint Committee on Children, Families and Persons with Disabilities regarding financial abuse. DPPC reached out to Senator Barrett’s office for clarification on what the report should include. • Office of Inspector General Visit: As the Office of the Inspector General (OIG) sits on the Real Lives Advisory Board, representatives Jason Cofield and Julie Flaherty from the Office scheduled a meeting and met with DPPC Executive Director and Deputy Executive Director on October 7, 2015 at the DPPC. The OIG staff were provided with a tour and a detailed description of DPPC’s operations. Federal Audit OIG Audit: DPPC is still awaiting a copy of the report. 7. 8. SPDU • Posting of New Trooper: The State Police plan on posting to backfill DPPC’s vacant trooper position. • DPPC Security Assessment: Due to the nature of work done at DPPC and high probability of suspected abusers visiting the office, Executive Director Alterio contacted the State Police and requested a security assessment of the office and building. Trooper Sean Barry conducted the assessment and made recommendations such as staff receiving Active Shooter training and installing security cameras, etc. Trooper Barry’s assessment report was reviewed and discussed with the Commissioners. • Active Shooter Training Request: A letter of request for Active Shooter training was submitted to Colonel Richard D. McKeon, Superintendent of MSP. The training is free and would provide staff with information about personal and office safety. The Commissioners were provided a copy of the letter of request for review. Building Partnerships Initiative • Finalizing MOUs: A meeting is planned for Friday, October 23, 2015 to finalize the MOUs and have them signed off by DA’s, DPPC, Commissioners of state agencies and MSP. Participants include Hampden County Legal Counsel Elizabeth Dunphy Farris, BPI Co-chair Elizabeth D. Scheibel, ADA’s and Investigations Managers from across the state. Elizabeth Dunphy Farris has taken the lead on this project. The updated MOUs will be used as the cornerstone for the Tier I trainings. 9. National/International Requests/Reports • NAPSA Conference, FL, 09/28 – 10/02/2015: BPI/DPPC presented three workshops at the NAPSA Annual Conference in Orlando, FL on September 29 – October 2, 2015. There were 550 conference attendees. The workshops were well received and the work MA is doing is sought out and appears well respected. o Jennie Edwards-Hawkins and Anne Monti – training curricula focus o David Viens – communication, interview and investigation focus o Nancy Alterio and Beth Farris – BPI and prosecution focus • King County Prosecuting Attorney’s Office, WA, 10/29/15, Disclosure of Acceptance of Travel Expenses Related to Legitimate Speaking Engagement: DPPC Executive Director was invited by King County Prosecuting Attorney’s Office to provide a keynote presentation at their annual conference on October 29, 2015 in Seattle, WA. King County will cover all costs in the amount of approximately $1,350 which includes hotel, airfare, transfers, per diem, etc. The travel disclosure form was submitted to the Commissioners for review and signature. • Administration for Community Living (ACL) Funding of State grants “To enhance APS systems statewide, to include innovations and improvement in practice, services and data collection and reporting, as well as their technical ability to interface with ACL’s National Adult Maltreatment Reporting System (NAMRS)”: DPPC was awarded one of the ACL grants in the amount of $300,000 over a two year period. Out of all applications, DPPC scored high as one of the top two applicants. The Federal organization will be hosting a call for all eleven grant awardees next week. Executive Director Alterio will be on the call to learn about the other awards, grant timelines, financial requirements, etc. DPPC is hosting its first grant conference call on Monday, October 19, 2015. The grant application was written in partnership with nine other agencies. Most of the grant funding goes to other agencies to develop training curricula and policy and procedures. A project coordinator will be hired at DPPC to handle the day-to-day work and oversee the project. DPH, one of the main partners, will co-direct the project with DPPC Executive Director Alterio. The goals are to ensure that persons with disabilities who are sexually assaulted get access to trauma services, develop training modules, cross train Rape Crisis counselors on disability issues, cross train others on trauma and provide technical assistance to Rape Crisis Centers, DDS and Riverside Trauma. This could be an adaptable program/model that can be replicated across the country. • Voluntary Federal Guidelines for APS: Voluntary Federal Guidelines were distributed to APS agencies across the United States. The goal is to establish minimal standards. DPPC legal unit and management team is reviewing the draft and will submit comments by the end of the month. Copies will be given to the Commissioners upon completion. The guidelines are voluntary not mandatory. If they become mandatory, there may be federal funding available. • Singapore Study Trip – October 8 and 9, 2015: A team of APS professionals from Singapore will visit DPPC on Friday, October 9, 2015 to learn about MA APS program. They are visiting SANE, Rape Crisis Centers, etc. today – October 8, 2015. They also attended the NAPSA conference and attended the MA workshops. Commissioners received a copy of the Singapore Study Trip Agenda of October 9, 2015 for review. 10. Monthly, Quarterly and Annual Reports DPPC Commissioners received copies of the following DPPC reports: 11. • Intake Activity Report – September 2015: The Hotline Activity Report for the month of September 2015 was distributed and reviewed. The Commission received 845 abuse reports during the month of September of FY2016. In addition to the abuse reports, the Hotline received 407 information and referral calls and 92 death reports, a combined total of 1,344 calls to the Hotline in September 2015. The last four months has seen numbers in the mid to high 800s. • Oversight Activity Report – September 2015: The Oversight Activity Report for the month of September 2015 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 209 cases were closed in comparison to 244 cases being assigned. At the close of the month, there were 1,065 active oversight cases and 593 overdue investigation reports. • Legal Activity Report – September 2015: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for September 2015 was distributed and reviewed. The Legal Unit received 3 petitions and completed 16 petitions, 63 records requests and 1 records demand during the month. There are 137 Petitions pending review. New Business: • Legislative Events: Representatives Sannicandro and Provost are making a site visit to DPPC on Friday, November 13, 2015. A Disability Caucus has been created with Representative Provost and Senator Barrett chairing the Caucus. Representative Khan invited Executive Director Alterio to the state house to organize a panel presentation to discuss APS in Massachusetts. A date is being worked on. • Commissioner Medoff asked which agency links with the VA. If abuse of a veteran takes place outside the VA by a caregiver, then DPPC has authority to investigate. MRC provides protective services. • DPPC received an in-service from Massachusetts Office on Disability (MOD). After the training, Executive Director David D’Arcangelo and ADA coordinators met with Executive Director Alterio and General Counsel Westwater to see how MOD can work effectively with DPPC. MOD offered to take a look at DPPC’s pending bill t. MOD was impressed with relationships DPPC has with DA’s, MSP and other agencies and they want to replicate this with other advocacy agencies. MOD provides guidance on ADA and work on making sure the law is adhered to. Discussion ensued about the mission and work of MOD. David D’Arcangelo father was a former Commissioner of the DPPC back in the early 1990’s. • 12. Dates for Commissioners’ meetings in 2016 will be scheduled at the next meeting on November 5, 2015. This item will be added to the meeting agenda. Adjournment: MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 5:52 p.m., Chairperson Lorick-Wilmot seconded. Unanimous to adjourn the meeting at 5:52 p.m. kDISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes November 5, 2015 Commissioners Present: Yndia Lorick-Wilmot Ph.D., Maurice Medoff, Gail Varrasso Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins The meeting was called to order at 4:00 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • • • • • 1. Commissioners’ Agenda of November 5, 2015 Commissioners’ Meeting Minutes of October 8, 2015 Budget Report October 2015 Budget Narrative October 2015 NAPSA Newsletter – October 2015 – Spotlight on DPPC General Counsel APS Legislative Meeting Flyer APS Legislative Meeting Agenda of November 10, 2015 DPPC Response to SWM Bill S.105 and attachment ACES 2015 Forms and Final Ratings: o Emil DeRiggi o Julie Westwater o John Brown o Nancy Alterio Strategic Plan Annual Review FFY2015 Annual Report to Chairs of Jt. Committee on Children, Families and Persons of Financial Abuse Allegations pursuant to the Real Lives Law Self-Determination Advisory Board Agenda of November 4, 2015 Media Article – “NY agency to protect the disabled rarely brings charges” DPPC Comments on the ACL Voluntary Consensus Guidelines for State APS NAPSA/NCPEA Comments on APS Draft and Research Guidelines Hotline Activity Report – October 2015 Oversight Activity Report – October 2015 Legal Activity Report – October 2015 Quarterly Report - July, August, September 2015 Approval of Minutes of Meeting of October 8, 2015 MOTION: To accept minutes of October 8, 2015 as received motioned by Chairperson Varrasso and seconded by Commissioner Medoff VOTE: Unanimous to accept the minutes of October 8, 2015 as received 2. Scheduling Additional Meetings: The Commissioners scheduled additional meetings through FY2016 as follows: • Thursday, January14, 2016 from 4:00-6:00 p.m. • Thursday, February 11, 2016 from 4:00-6:00 p.m. • Thursday, March 17, 2016 from 4:00-6:00 p.m. • Thursday, April 7, 2016 from 4:00-6:00 p.m. • Thursday, May 12, 2016 from 4:00-6:00 p.m. • Thursday, June 9, 2016 from 4:00-6:00 p.m. 3. Administration and Finance 4. • Monthly Budget Summary Report October FY15: The Monthly Budget Summary Report for October 2015 along with a narrative was submitted to the Commissioners for their review and comments. DPPC spent 29% out of 33% of its budget and is on track. There are no budgetary concerns at the moment. There will be some costs coming up associated with needed IT equipment. • FY2017 House 2 Developments: DPPC received the paperwork to start the FY2017 budget process in preparation for the Governor’s FY17 recommendation. The budget format requires a 2% cut for most agencies. However given DPPC is an Independent agency, it is not subject to the required 2% reduction. However, the Administration is requesting Independent agencies prepare budget packages at level funding which will equate to a cut for DPPC. Although DPPC will submit the budget package as requested, in the budget narrative Executive Director Alterio will request maintenance funding. The budget process is a long process and a lot of work. • Personnel o Backfilling COII Position: The COII position was posted with DPPC received over 100 resumes. Interviews were conducted and three candidates were selected for second interviews scheduled for next week. o Julie Westwater – NAPSA Spotlight: The DPPC management team nominated General Counsel Westwater to be recognized in NAPSA’s Newsletter. DPPC submission on Julie Westwater was selected and highlighted in NAPSA’s October newsletter. A copy of the article was submitted to the Commissioners for their review. Executive Director Alterio thanked Assistant General Counsels Mariah Freark and Drew Levrault for their work in preparing the article. Legislature • Legislative APS Panel Presentation and Legislators Visit: A copy of the Legislative meeting agenda and flyer for November 10, 2015 were submitted to the Commissioners for their review. Representative Khan’s office contacted Executive Director Alterio and asked her to organize a panel presentation to introduce the Massachusetts APS system to members of the Legislature. Representative Khan sent an invitation to the members of the House and Senate. The event is scheduled to take place at the State House from 11:00 a.m. until noon. Additionally, on November 13, 2015, Representative Sannicandro and Representative Provost are planning on visiting the DPPC. Representative Provost Chairs the Disability Caucus on the House side. Executive Director Alterio hopes these two events, along with other efforts, will help DPPC obtain the necessary budget number it needs to maintain staffing into FY2017. • 5. DPPC Response to S.105: The Commissioners received a copy of DPPC’s written testimony in response to SWM Bill S.105. This bill, if passed, would give DPPC the authority to conduct financial investigations. DPPC’s written testimony supports conducting financial investigations but only with the necessary funding. The Committee on Ways and Means sent DPPC a form with questions requesting written testimony in response to the bill. Although DPPC supports the bill, it is doubtful it will be funded due to the required funding. ACES: The ACES of John Brown, Emil DeRiggi and Julie Westwater were completed and provided to the Commissioners for review and signature. The Commissioners reviewed and approved the ratings of Mr. Brown, Mr. DeRiggi and Ms. Westwater. The Commissioners met and completed Executive Director Alterio’s evaluation. The Commissioners discussed Executive Director Alterio’s accomplishments and presented their rating with comments. Executive Director Alterio will type up the Commissioners comments and ratings and add them to the digital form. The following ratings were reviewed, discussed and approved: • • • • Nancy Alterio – Exceptional Emil DeRiggi – Exceptional Julie Westwater – Exceptional John Brown – Successful Performer MOTION: VOTE: MOTION: VOTE: 6. To accept ratings of John Brown, Emil DeRiggi and Julie Westwater as received motioned by Commissioner Medoff, seconded by Commissioner Lorick-Wilmot Unanimous to accept the ratings as received To accept the rating of Exceptional and comments for Nancy Alterio’s ACES as developed by the Commissioners motioned by Commissioner Medoff, seconded by Commissioner Lorick-Wilmot Unanimous to accept the Exceptional rating and comments Annual Strategic Planning Meeting The Commissioners received a copy of the FY2015 Accomplishments for their review and comments. The FY2016 Strategic Plan has been drafted and under review by management. The Commissioners will receive a copy of the FY2016 Strategic Plan when completed. 7. Real Lives Implementation • DPPC Annual Reporting: The Commissioners received a copy of the letter submitted to the Chairs of the Joint Committee on Ways and Means regarding Real Lives and DPPC FY2015 Report of Financial Abuse Allegations. DPPC submitted the report to the Joint Committee on Children, Families and Persons with Disabilities on financial abuse as required by the Real Lives Law. Prior to submitting the report, DPPC reached out to Senator Barrett’s office for clarification on the law to determine if the report should include all financial abuse reports or just those pertaining to selfdetermination funds. A report was submitted to the Joint Committee and cc’d to DDS and the Auditor’s Office detailing financial abuse reports pertaining to only selfdetermination funds. Since the Real Lives bill passed there have been over 460 financial abuse allegations. These were sent to DDS to determine if they involve individual participating in selfdetermination. This process is a significant undertaking for DDS. According to DDS none of the financial abuse reports pertained to individuals participating in selfdetermination. • 8. 9. Meeting of November 4, 2015: The Commissioners were provided with a copy of the Self-Determination Advisory Board Agenda of November 4, 2015 for their review. Executive Director Alterio briefly explained the self-determination program to the Commissioners. Currently there are 750 participants participating in selfdetermination; the goal is to double this number. Since Real Lives passed a year ago, there has not been any increase despite DDS efforts and resources. DDS has implemented four trainings in each region per year, developed online training for all staff and created a repository of providers describing the basic services they provide. Discussion ensued regarding approximate costs to provide services to an individual, the maintenance of a repository with basic services described and the difficulties of maintaining a comprehensive repository. SPDU • Backfill of Trooper: Trooper Michael Hardman was interviewed and selected to backfill DPPC’s vacant trooper position. Trooper Hardman was introduced to the Commissioners. • Active Shooter Training: Trooper Sean Barry conducted an assessment of the DPPC office and made a number of recommendations including Active Shooter training for staff. A letter of request for Active Shooter training was submitted to Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police. The training was approved by the Colonel. DPPC staff are scheduled to receive the training on December 1, 2015. Media Article – NY agency to protect the disabled rarely brings charges The Commissioners received a copy of the Associated Press Article for review and comments. When the NY APS system was being revamped several years ago, they reached out to DPPC as well as other states for guidance. The new APS system in NY includes a significant law enforcement presence. Executive Director Alterio was interviewed for the article. The article compares NY prosecutions to Massachusetts prosecutions which are two entirely different systems so thus comparing apples to oranges as the systems and laws are unique. The article refers to and compares the number of prosecutions although the Executive Director spoke to the reporter about criminal complaints/charges and not prosecutions. 10. Building Partnerships Initiative Finalizing MOUs and Scheduling Tier I Trainings: A meeting was held on Friday, October 23, 2015 to finalize the MOUs and have them signed off by the respective District Attorneys, DPPC, DDS, DMH, MRC and MSP. Nine out of the eleven District Attorney Offices were in attendance. Four of the eleven MOUs have now been signed. Three District Attorneys Offices have requested Tier I trainings; Cape and Islands, Berkshire and Norfolk. The updated MOUs will be used as the cornerstone for the Tier I trainings. 11. 12. National/International Requests/Reports • King County Prosecuting Attorney’s Office, WA, 10/29/15: Executive Director Alterio reported that she conducted her keynote presentation as scheduled at the annual King County Prosecuting Attorney’s conference on October 29, 2015 in Seattle, WA. • ACL Grant: DPPC and other grant partners continue to work on the ACL grant. There are ten partners in total. The second conference call is scheduled for Monday, November 9, 2015. The funding is now set up with three agencies being funded – Riverside, BARCC and MASS. DPPC posted the position for a project coordinator who will oversee the day-to-day activities of the grant. The posting was forwarded to all partners as well as others. There is one more week before the posting ends. • NAPSA and DPPC Response to Voluntary Federal Guidelines for APS: DPPC drafted and submitted a letter in response to the voluntary federal guidelines; NAPSA also submitted formal comments. The Commissioners received copies of DPPC’s Response to APS Draft Guidelines and NAPSA/NCPEA Response to APS Draft Guidelines for review and comment. Mariah Freark was commended for reviewing NAPSA’s comments and noticing that they were specific to elders and excluded persons with disabilities. NAPSA has since revised their response to include persons with disabilities. Executive Director Alterio noted Assistant General Counsels, Drew Levrault and Mariah Freark, did a thorough review of the guidelines and felt that DPPC is in compliance. The guidelines are voluntary and not mandatory. • Singapore Study Trip – October 8 and 9, 2015: A team of APS professionals from Singapore visited DPPC on Friday, October 9, 2015 to learn about APS in Massachusetts. Monthly, Quarterly and Annual Reports DPPC Commissioners received copies of the following DPPC reports: • Hotline Activity Report – October 2015: The Hotline Activity Report for the month of October 2015 was distributed and reviewed. The Commission received 754 abuse reports during the month of October of FY2016. In addition to the abuse reports, the Hotline received 464 information and referral calls and 61 death reports, a combined total of 1,279 calls to the Hotline in October 2015. • Oversight Activity Report – October 2015: The Oversight Activity Report for the month of October 2015 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 300 cases were closed in comparison to 219 cases being assigned. At the close of the month, there were 954 active oversight cases and 612 overdue investigation reports. • Legal Activity Report – October 2015: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for October 2015 was distributed and reviewed. The Legal Unit received 11 petitions and completed 6 petitions, 55 records requests and 1 records demand during the month. There are 144 Petitions pending review. • DPPC Quarterly Report – July, August, September 2015: Commissioners reviewed the quarterly report. 13. New Business: There was no new business. 14. Adjournment: MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 6:45 p.m., Chairperson Lorick-Wilmot seconded. Unanimous to adjourn the meeting at 6:45 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes December 5, 2015 Commissioners Present: Yndia Lorick-Wilmot Ph.D., Maurice Medoff, Gail Varrasso Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Nancy A. Alterio The meeting was called to order at 4:00 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • 1. Commissioners’ Agenda of December 10, 2015 Commissioners’ Meeting Minutes of November 5, 2015 Budget Report November 2015 Budget Narrative November 2015 FY2017 House 2 Development Narrative – November 20, 2015 ACES 2015 Form – Nancy Alterio Resume of Ryan Savje – COII Legislative Meeting Agenda of November 10, 2015 Article – Hampden County DA Gulluni decries disability abuse, backs Gov. Baker’s opioid plan during visit to Mass. Statehouse FFY 2016 Strategic Plan Resume of Susan Vickers – ALC Project Coordinator ACL Meeting Agenda – December 7, 2015 Hotline Activity Report – November 2015 Oversight Activity Report – November 2015 Legal Activity Report – November 2015 Approval of Minutes of Meeting of November 5, 2015 MOTION: VOTE: 2. To accept minutes of November 5, 2015 as received motioned by Chairperson Varrasso and seconded by Commissioner Medoff Unanimous to accept the minutes of November 5, 2015 as received Administration and Finance • Monthly Budget Summary Report November FY15: The Monthly Budget Summary Report along with a narrative for November 2015 was submitted to the Commissioners for their review and comments. DPPC spent 39% out of 42% of its budget and is on track. There are no budgetary concerns at the moment. • FY2017 House 2 Developments: DPPC completed the budget packet and submitted it as required to ANF on November 20, 2015 to assist them in preparing the Governor’s FY17 recommendation. The directive requires a 2% cut for Executive Branch agencies. However given DPPC is an Independent agency, it is not subject to the required 2% reduction. However, the Administration is requesting Independent agencies prepare budget packages at level funding which will equate to a cut for DPPC. DPPC submitted the budget package as requested, however in the budget narrative Executive Director Alterio requested consideration for maintenance funding. A copy of the budget narrative was provided to the Commissioners. • Personnel o ACES: The Commissioners were provided with a copy of Executive Director Alterio’s completed ACES for FFY15. The narrative and ratings completed by the Commissioners during the previous meeting were typed into the electronic form. The Managers’ ratings were submitted to HRD accordingly. DPPC is waiting to hear back to see if the overall ratings were approved or not. Given we have more than one exceptional rating, it is likely they won’t be approved. o Backfilling COII Position: The COII/investigator, Ryan Savje, was hired and started with DPPC on November 30, 2015. Ryan comes with a law enforcement and social service background. A copy of his resume was presented to and reviewed with the Commissioners. o Counsel I Upgrade to Counsel II: Assistant General Counsel Drew Levrault was upgraded from a Counsel I to a Counsel II given his additional responsibilities. In addition to completing Petitions for Review, Attorney Levrault is very involved in the court proceedings including responding to record demands and protective orders. In addition, Attorney Levrault has been instrumental in identifying and tracking legislation impacting DPPC, drafting written testimony and drafting amendments to DPPC’s enabling statute. Attorney Levrault was provided with a 3% differential. 3. Legislature • Legislative APS Panel Presentation – November 10, 2015: A copy of the final Legislative meeting agenda of November 10, 2015 was submitted to the Commissioners for their review. Representative Khan’s office contacted Executive Director Alterio and asked her to organize a panel presentation to introduce the Massachusetts APS system to members of the Legislature. Representative Khan sent an invitation to the members of the House and Senate. The event was held at the State House from 11:00 a.m. until noon on November 10, 2015. Several House members and many legislative aides attended the event. Representatives from DPPC, SPDU, DA, SANE, DDS, DMH, MRC, MASS and Provider agencies provided brief presentations and/or were available to answer questions. • Article – Hampden County DA Gulluni decries disability abuse, backs Gov. Baker’s opioid plan during visit to Mass. Statehouse: District Attorney Gulluni was one of the presenters at the November 10th State House presentation. District Attorney Gulluni was interviewed by a reporter subsequent to his presentation and was asked follow-up questions about abuse and crimes of persons with disabilities. In addition, and not connected to the presentation, District Attorney Gulluni was asked about the Governor’s opioid plan. A copy of the article that speaks to both issues was provided to the Commissioners. • 4. Representative Provost Visits DPPC – December 9, 2015: Representative Provost visited the DPPC as scheduled yesterday. Represented Provost was given a tour and a brief power point presentation followed by a round table discussion with DPPC’s leadership team. The leadership team talked about the daily work of the agency and highlighted several cases. The Representative is the House Chair of the newly created Disabilities Caucus. The Representative spent about two hours at DPPC. Representative Sannicandro was scheduled to be in attendance as well but due to a mix up wasn’t able to make it. Most recently Representative Sannicandro announced he would not be running for re-election. Strategic Plan FFY16 The Commissioners received a copy of the FF16 Strategic Plan for their review and comments. Executive Director Alterio reviewed the plan with the Commissioners highlighting the 21 objectives. 5. SPDU Active Shooter Training: Trooper Sean Barry conducted an assessment of the DPPC office and made a number of recommendations including Active Shooter training for staff. A letter of request for Active Shooter training was submitted to Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police. The training was approved by the Colonel. DPPC staff received the training on December 1, 2015, one day prior to the active shooter incident at the DDS facility in California. DPPC staff are grateful for the training. An overview of the training was shared with the Commissioners. 6. Building Partnerships Initiative Finalizing MOUs and Scheduling Tier I Trainings: A meeting was held on Friday, October 23, 2015 to finalize the MOUs and have them signed off by the respective District Attorneys, DPPC, DDS, DMH, MRC and MSP. Nine out of the eleven District Attorney Offices were in attendance. Four of the eleven MOUs have now been signed. Three District Attorneys Offices have requested Tier I trainings; Cape and Islands, Berkshire and Norfolk. The updated MOUs will be used as the cornerstone for the Tier I trainings. Conversations are underway with Norfolk and Cape and Islands to secure a date and venue. 7. National/International Requests/Reports • ACL Grant o Project Coordinator Hired: DPPC sent out a Request for Response (RFR) for a project coordinator who will oversee the day-to-day activities of the grant. The Request was forwarded to all partners as well as others. Only one person responded to the RFR and thankfully was a very qualified candidate. Subsequent to checking references, Susan Vickers was offered and accepted the ACL Project Coordinator’s position. Ms. Vickers will begin working on or about December 14, 2015 following the completion of her work with MOVA. Ms. Vickers, who received her BA from Duke University and her law degree from Harvard, has a long history of serving survivors of sexual assault. As the founder and former director of the Victims Rights Law Center, she created an innovative approach to assisting rape victims through the civil law process. More recently, Ms. Vickers has been the lead Consultant for the Massachusetts Office for Victim Assistance response to the 2013 Boston Marathon Bombings. Ms. Vickers possesses a deep understanding of the traumatic impacts of sexual assault, as well as an intimate understanding of the Commonwealth’s victim advocacy system, and her work with Marathon Bombing survivors has enhanced her experience as she advocated for reasonable accommodations for survivors with acquired disabilities. Ms. Vickers is committed to ensuring equal access to sexual assault recovery resources for all survivors, including persons with developmental disabilities, and DPPC is excited to welcome her to the project. A copy of Ms. Vickers’s resume was provided to the Commissioners. Commissioner Lorick-Wilmot suggested a meeting be arranged with Ms. Vickers and the Commissioners to discuss how the project is going later in the grant cycle. o Meeting of December 7, 2015: The Core grant partners, DPPC, DDS, Riverside, BARCC and MASS along with Susan Vickers, met in person on December 7, 2015. A copy of the agenda was reviewed with and provided to the Commissioners. 8. Monthly Reports DPPC Commissioners received copies of the following DPPC reports: • Hotline Activity Report – November 2015: The Hotline Activity Report for the month of November 2015 was distributed and reviewed. The Commission received 742 abuse reports during the month of November of FY2016. In addition to the abuse reports, the Hotline received 502 information and referral calls and 78 death reports, a combined total of 1,322 calls to the Hotline in November 2015. • Oversight Activity Report – November 2015: The Oversight Activity Report for the month of November 2015 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 243 cases were closed in comparison to 215 cases being assigned. At the close of the month, there were 934 active oversight cases and 584 overdue investigation reports. • Legal Activity Report – November 2015: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for November 2015 was distributed and reviewed. The Legal Unit received 7 petitions and completed 13 petitions, 22 records requests and 0 records demand during the month. There are 132 Petitions pending review at DPPC and 189 pending at DDS. 9. New Business: There was no new business. 10. Adjournment: MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 5:50 p.m., Chairperson Lorick-Wilmot seconded. Unanimous to adjourn the meeting at 5:50 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes January 14, 2016 Commissioners Present: Yndia Lorick-Wilmot Ph.D., Maurice Medoff, Gail Varrasso Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Due to geographic reasons, Commissioner Yndia Lorick-Wilmot participated by phone. The meeting was called to order at 4:00 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • 1. Commissioners’ Agenda of January 14, 2016 Commissioners’ Meeting Minutes of December 10, 2015 Budget Report December 2015 Budget Narrative December 2015 FY2017 Supplemental Request ACES 2015 Forms – Nancy Alterio, John Brown, Emil DeRiggi, Julie Westwater DPPC Administration & Finance Internal Policy 48: Office Visitors, December 14, 2015 FFY2016 Strategic Plan Hotline Activity Report – December 2015 Oversight Activity Report – December 2015 Legal Activity Report – December 2015 Quarterly Report – October, November, December 2015 Approval of Minutes of Meeting of December 10, 2015 MOTION: VOTE: 2. To accept minutes of December 10, 2015 as received motioned by Chairperson Varrasso and seconded by Commissioner Medoff Unanimous to accept the minutes of December 10, 2015 as received Administration and Finance • Monthly Budget Summary and Narrative Report December 2015: The Monthly Budget Summary Report along with a narrative for December 2015 was submitted to the Commissioners for their review and comments. DPPC spent 47% out of 50% of its budget and is on track. There are no budgetary concerns at the moment. • FY2017 House 2 Schedule Release: The Governor is scheduled to release his budget recommendation on January 27, 2016. The Commissioners will be emailed the budget number upon release and whether it has a favorable or negative impact on the DPPC. • FY2017 House and Senate Budget Developments: DPPC is working with House and Senate Ways and Means. DPPC will complete and submit the budget packet as required. • MASS Request – Agency Expansion: MA Advocates Standing Strong (MASS) wants to advocate for DPPC budget expansion of 12 FTEs – Two supervisors and 10 staff which would include two nurses with an understanding of injuries, medications, etc. DPPC provided MASS with budget breakdown of the positions at a cost about $1 million. • Senate/House New Analysts Orientation: The new Senate analyst, Sean Cuff, visited the DPPC office for orientation on Friday, January 8, 2016. Sean was provided with a tour of DPPC, met with managers, observed a PowerPoint presentation, participated in a roundtable discussion about DPPC budgetary needs, etc. Although analysts change frequently, the orientation is important because some move up through Ways and Means and it is important for them to have a comprehensive understanding of the work of the DPPC. The House analyst was unable to attend but agreed to participate in a half hour conference call on January 21, 2016. • Legislative Visit of January 21, 2016: Representative Sannicandro has spent 10 years in legislature and unfortunately is not running for re-election. Representative Sannicandro has been a leader in the disability arena with the legislature. He will surely be missed. Representative Sannicandro has agreed to come to the DPPC for a visit on January 21, 2016. • 9C Action: 9C cuts have been implemented for Executive Branch departments. Given DPPC is an independent agency, it will not be affect by the cut. Legislation would need to be filed to implement 9C cuts on the independent agencies. It appears that the deficit is not so great that they would need to cut beyond Executive Branch agencies. Cuts of course negatively impact agencies for years to come. Commissioner Medoff raised the issue of heroin, the impact it has and its link with disabilities and services. He asked whether people affected by heroin and requiring services to live, would fall under DPPC jurisdiction and what those statistics would be. Executive Director Alterio does not have those statistics but responded that EOPSS is awarding about $2,000,000 in Byrne Justice Assistance Grant (JAG) funds to work to address this Heroin and Opioid epidemic. Last month DPPC Executive Director Alterio reviewed and scored a number of the applications. Law enforcement agencies including district attorney offices and state and local police competitively applied for the funds. Some law enforcement agencies sought to partner with treatment centers while others looked to purchase the medication to prevent overdosing. In addition, the Governor filed a bill given the serious nature of this crisis which is moving through the legislature. • ACES – 2016 Performance Planning and Evaluation Program ACES for Nancy Alterio, John Brown, Emil DeRiggi and Julie Westwater are in the planning stage. Objectives identified in the Strategic Plan have been incorporated into the managers ACES. These agency-wide objectives, including reviewing/updating policies and procedures; legislative bills; revising DPPC Regulations; and working on ACL federal grant have been incorporated into staff’s ACES. Executive Director Alterio reviewed ACES forms and specific objectives and career goals of Emil DeRiggi, Julie Westwater, John Brown as well as her own, with the Commissioners. As SANE asked Executive Director Alterio to facilitate a task force specific to adolescents and sexual abuse this will be incorporated into the Executive Director’s ACES as a career growth. The approximate four to six meetings will be hosted at DPPC. SANE wanted someone with knowledge of abuse but outside the age group to ensure neutrality. The task force is comprised of almost 30 professionals from a variety of jurisdictions across the state. These include three District Attorney’s Offices, three Child Advocacy Centers, three rape crisis centers, Attorney General’s Office, SANE, DPH, Victim Rights Law Center, MSP Crime Lab, Mass General Hospital, police departments, etc. SANE adolescent protocols will be reviewed. MOTION: VOTE: • To accept FY2016 ACES Performance Planning Objectives for Nancy Alterio, John Brown, Emil DeRiggi and Julie Westwater as presented motioned by Chairperson Varrasso and seconded by Commissioner Lorick-Wilmot Unanimous to accept FY2016 ACES Performance Planning Objectives for Nancy Alterio, John Brown, Emil DeRiggi and Julie Westwater as presented EPRS – 2016 Stage B Progress Review The Commissioners reviewed Stage B Progress Reviews for Jennifer EdwardsHawkins and Susan Love. Due to the possibility of retirement last fiscal year, some of Susan’s tasks were transferred to other staff. This resulted in her having different objectives this year which were reviewed in detail with the Commissioners. The ratings provided were also reviewed and approved by the Commissioners; Chairperson Varrasso and Commissioner Medoff signed the EPRS forms. MOTION: VOTE: 3. To accept EPRS ratings for Jennifer Edwards-Hawkins and Susan Love as presented motioned by Commissioner Medoff and seconded by Commissioner Lorick-Wilmot Unanimous to accept the EPRS ratings for Jennifer Edwards-Hawkins and Susan Love as presented SANE Request – Facilitate Adolescent Task Force The MA SANE Program is looking to pull together an Adolescent Taskforce to review SANE protocols for teens (12 – 17 years) to ensure that they provide the most developmentally appropriate care for this age group of patients. SANE would like to move forward by involving others in this system of care/response in these discussions, given a change in one part of the system may affect other parts. Prosecutors, Law Enforcement Officers, CAC Directors and Rape Crisis Directors from Bristol County, Plymouth County and Suffolk County will participate in the Adolescent Taskforce. In addition, SANE will be include representatives from the following groups in the discussions, as appropriate: physician partners, DCF, Police Departments, the Boston and State Police Crime Lab, the Victim Rights Law Center, DPH Legal Department and the MA SANE Program. This will help to ensure that they develop the best developmentally appropriate and trauma-informed practices. The Taskforce will focus specifically on the documentation forms included in the Sexual Assault Evidence Collection Kit (MSAECK), and the issue of STI testing at the time of an acute sexual assault response. The Taskforce will begin meeting in February and meet about four to six times. Executive Director Alterio was asked to facilitate the Taskforce. Commissioner Lorick-Wilmot mentioned there is new legislation to expand SANE and educating victims about SANE’s role. Nancy said she would look into the bill once she has the bill number and added DPPC is not responsible for SANE specific training. 4. Senate Bill 81 Update Senate Bill 81, created to amend DPPC statute, came out of the Joint Committee of Children, Families and Persons with Disabilities favorably and is now in the Ways and Means Committee. A letter, to Ways and Means members, has been drafted explaining the proposed amendments as well as highlighting the fact that no financial cost is needed to implement the bill’s passage. 5. Updating DPPC Regulations The Legal Unit in partnership with Intake, Oversight and Investigation are working on updating DPPC’s regulations. Deputy Executive Director DeRiggi and General Counsel Westwater will review in detail the proposed changes to DPPC Regulations at the next Commissioners meeting. Most of the changes are housekeeping and operational in nature. The proposed amendments will be sent to the Secretary of State as required sometime in March. 6. Policy and Procedures Office Visitor Policy – New: A new policy on office visitors has been reviewed by managers and the legal unit. The Commissioners received a copy of the new Officer Visitor Policy #48 for their review. As recommended in the security assessment, DPPC is working with building management to secure bids to renovate the reception area. The renovations would make the reception area safer for staff. 7. Strategic Plan FFY16 The Commissioners received a copy of the FF16 Strategic Plan. The FF16 Strategic Plan objectives were reviewed at the all staff meeting. Executive Director Alterio updated the Commissioners on the progress of the objectives in the strategic plan. Work is in progress on: • ACL grant • Updating all DPPC policies and procedures • Developing and/or strengthening collaborations with other agencies • Digitizing ALAB process – eliminating paper and doing it online • Streamlining process of sending death and 19C reports • Developing shared folder for intake logs • Exploring other software for data collection – checking what other states use • • Exploring legality, cost and feasibility of employee background checks Creation of quarterly petition decision reports to forward to staff at DPPC and other agencies. All DPPC data is protected so doesn’t get released beyond DPPC and other investigative agencies. DPPC wants to ensure that investigations and oversight staff understand why a case was overturned. It is a learning process so people don’t make the same mistakes. Accomplished: • Petition backlog was reduced – three competent attorneys doing the work. The process was re-evaluated so it is more manageable. • APS Guidelines – review and submit comments • Legal PowerPoint included in 40 Hour Basic Investigation training 8. National/International Requests/Reports • NAPSA Northeast I Regional Meeting: Executive Director Alterio chaired the NAPSA Northeast I Regional meeting on January 12, 2016. This is comprised of NAPSA state representatives from CT, MA, ME, NH, RI, VT. The groups were created to develop collaboration and improve communication between all states. The group will focus on updating the Northeast Region I MOU and trainings. Executive Director Alterio has taken on this role temporarily until a replacement has been found. • Florida – A&A Train the Trainer: FL wants to develop A&A training teams and has asked MA to train their trainers so they can replicate the training in Florida. This is in discussion phase. • Colorado – Replication Training: CO passed legislation regarding APS and mandatory reporting. CO invited MA to provide a one-day training on the MA system so they can replicate. • ACL Grant Project Implementation: ACL core group met on January 13, 2016 to review the work plan and provide information about their agencies. o MOVA Public Hearings: MOVA is holding public hearings in an effort to identify the gaps and unmet needs of victims. DPPC will testify at one of the hearings in Worcester on January 26, 2016. DPPC is hoping to secure funding to hire service navigators to specifically work with sexual assault victims with disabilities. 9. Monthly, Quarterly and Annual Reports DPPC Commissioners received copies of the following DPPC reports: • Hotline Activity Report – December 2015: The Hotline Activity Report for the month of December 2015 was distributed and reviewed. The Commission received 844 abuse reports during the month of December of FY2016 compared to 750 abuse reports received in December FY2015. This is a significant increase. In addition to the abuse reports, the Hotline received 500 information and referral calls and 62 death reports, a combined total of 1,406 calls to the Hotline in December 2015. DPPC has received 8,213 calls during the first six months of the year. If it continues at this rate, there will be an increase of 1,000 calls for the year. • Oversight Activity Report – December 2015: The Oversight Activity Report for the month of December 2015 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 224 cases were closed and 224 cases assigned. At the close of the month, there were 900 active oversight cases and 551 overdue investigation reports. This is a decrease of 30 overdue investigation cases since November 2015. • Legal Activity Report – December 2015: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for December 2015 was distributed and reviewed. The Legal Unit received 7 petitions and completed 13 petitions, 50 records requests and 0 records demand during the month. There are a total of 129 Petitions pending review with 102 at DDS. The legal unit had 3 court appearances this month; the prep time is time consuming. • Quarterly Report – October, November, December 2015: DPPC’s quarterly report for October through December 2015 was distributed and discussed with the Commissioners. 10. New Business: Due to scheduling conflicts, the Commissioners cancelled the February 11, 2016 meeting and rescheduled for February 25, 2016. Jennie will update the DPPC website to reflect the changes. There was no other new business. 11. Adjournment: MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 5:50 p.m., Chairperson Varrasso seconded. Unanimous to adjourn the meeting at 5:50 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes March 17, 2016 Commissioners Present: Yndia Lorick-Wilmot Ph.D., Maurice Medoff, Gail Varrasso Staff Present: Nancy A. Alterio, Executive Director, Julie Westwater, General Counsel, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Due to geographic reasons, Commissioner Yndia Lorick-Wilmot participated by phone. The meeting was called to order at 4:00 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • • • • • • • • • Commissioners’ Agenda of March 17, 2016 Commissioners’ Meeting Minutes of January 14, 2016 Senate Bill 2168 (S.2168 – formerly S.81) Senator John Keenan Press Release re. Bill 81 titled, ‘Senate passes bill on protection of persons with disabilities’ Status of DPPC’s Statutory and Regulatory Amendments DPPC Response to SWM S.81 Questions DPPC Letter January 28, 2016 to Co-Sponsors of Senate Bill 81 (S.81) re. update DPPC Letter January 29, 2016 to Members of Senate Ways and Means re. S.81 DPPC Letter March 16, 2016 to Co-Sponsors of S.2168 (formerly S.81) DPPC Letter March 17, 2016 to Members of House Ways and Means re. S. 2168 DPPC FY2017 Supplemental Budget Request to Rep. Khan, Chair, Joint Committee on Children, Families and Persons with Disabilities DPPC FY2017 Maintenance Plan Narrative to Ways and Means Budget Report February 2016 Budget Narrative February 2016 DPPC FY2017 Written Testimony to Joint Committee on Ways and Means Budget Hearing on February 23, 2016 DPPC Budget Brief FY2017 DPPC Supplemental Request Narrative and Attachments 1(Optimal Funding) and 2 (Needed Expansion) State Auditor’s Official Post-Audit Review of DPPC DPPC Comments for MOVA Sexual Abuse Public Meeting, January 26, 2016 Training Flier re. Colorado’s Mandatory Reporting Crimes Against People with Developmental Disabilities Hotline Activity Report – February 2016 Oversight Activity Report – February 2016 Legal Activity Report – February 2016 1. Approval of Minutes of Meeting of January 14, 2016 MOTION: VOTE: 2. To accept minutes of January 14, 2016 as received motioned by Chairperson Varrasso and seconded by Commissioner Medoff Unanimous to accept the minutes of January 14, 2016 as received Proposed Amendments to DPPC Regulations, 118 CMR and Senate Bill 2168 (Formally Senate Bill 81) • General Counsel Westwater reviewed in detail the proposed changes to DPPC’s statute through Senate Bill 2168 and regulations. The changes are housekeeping and operational in nature. The Commissioners were provided with a written summary of the nature and status of DPPC’s proposed regulatory changes and statutory amendments. Many of the proposed regulatory changes are consistent with the proposed statutory changes contained with Senate Bill 2168. Updating DPPC’s regulation is also in-line with Governor Baker’s initiative for agencies to update their Regulations. The proposed regulations were sent to DDS, DMH and MRC for input on March 3, 2016. As required, DPPC filed a Notice of Public Comment on March 10, 2016. On March 25, 2016, within the Legal Section of the Boston Globe, DPPC’s notice of regulation changes and public comment timeline will be published for 30 days. DPPC is holding a public hearing on April 15 to receive public comments at the DPPC office. Once the comment period is completed, DPPC Legal Unit and management team will process and consider feedback. New Regulations will be published in May. The proposed regulations will be available on-line. • DPPC Response to SWM’s Bill Questions: Following Senate Bill 81 receiving a favorable report by the Joint Committee on Children, Families & Persons with Disabilities, the Bill was sent to Senate Ways and Means (SWMs). SWMs sent DPPC a questionnaire to complete regarding the Bill. The Commissioners received copies of Senate Bill 2168 (S.2168 – formerly S.81), SWM Bill questionnaire and DPPC’s Response to the questionnaire. As requested DPPC responded to SWM’s Bill questions detailing how the bill would impact DPPC. Within SWMs, Senate Bill 81 was amended including changing the name of DPPC to the Commission for the Protection of Persons with Disabilities (CPPD). As a result of the amendments the Bill was renamed to Senate Bill 2168. Senate Bill 2168 was unanimously passed by the Senate on March 3, 2017 and referred to the Committee on House Ways and Means on March 7, 2016. • Letters to Senate and House WMs and Co-Sponsors: In an effort to move Senate Bill 81 out of Senate Ways and Means, DPPC reached out to Co-sponsors of S.81 and Senate WMs members. As Senate Bill 81, now Senate Bill 2168 moved out of the Senate Ways and Means Committee and is now with the House Ways and Means Committee, DPPC has subsequently reached out to the sponsors again and now to the members of House Ways and Means to move the Bill out favorably. The Commissioners received copies of the letters sent to Co-sponsors, SWMs and HWMs members. • Press Release: Senator Keenan issued a press release following the favorable report out of Senate Ways and Means. The Commissioners received a copy of the Press Release. General Counsel Westwater highlighted that the proposed regulatory and statutory changes are looking to: o Use people-first language and renaming the agency to the Commission for the Protection of Persons with Disabilities (CPPD). There will be minimal cost to DPPC – such as the name change on door of the building and staff time to update brochures, stationary, letters and website. As brochures and stationary are created and printed in-house, there will be no additional printing costs associated with the name change; o Make the regulations consistent with the current structure of the agency; o Update the definition of “mandated reporter” to be consistent with our sister protective service agencies, the Department of Children and Families (“DCF”) and the Executive Office of Elder Affairs (“EOEA”) (added firefighter, paramedic, EMT, and persons employed by private agency providing services to a person with a disability); o Codify protections for the DPPC’s records to be consistent with a 1997 Supervisor of Public Records Decision (SPR96/683) and the statutory protections afforded to the records of the Executive Office of Elder Affairs; o Codify existing referral practices used to address Imminent Risk cases for assignment for protective services, whether screened in or not; and o Clarified definition of “state agency” to include private agencies licensed by the Commonwealth, in addition to private agencies under contract or agreement with the Commonwealth as the statute currently reflects. The bill is in the 2015-2016 legislative cycle which ends on or about January 3, 2017. The bill has to be approved and signed by the Governor before this date. The good news is the bill is moving forward and is at the furthest point it has ever reached. No funding is attached which is favorable for passage. 3. Administration and Finance • Monthly Budget Summary and Narrative Report February 2016: The Monthly Budget Summary Report along with a narrative for February 2016 was submitted to the Commissioners for their review and comments. DPPC spent 62% out of 67% of its budget and is on track. There are upcoming IT and building security expenditures. There are no budgetary concerns this year that would impact staffing. • ACES 2015 Final Ratings and Merit and Bonus Increases: The ACES ratings that were approved by the Commissioners for FY2015 were submitted to HRD as required. Given the size of the organization, within HRD’s instructions, DPPC is limited to one manager receiving a rating of ‘exceptional’. DPPC submitted three ‘exceptional’ ratings to HRD this year which were approved by HRD. This is the first time bonuses were able to be given to managers depending upon their individual ratings. An exceptional rating could receive up $1,000 and a highly effective rating could receive a day off. DPPC Executive Director provided one individual who had an exceptional rating with a bonus of $1,000 and the other with a $500 bonus. The two individuals who received a rating of highly effective received a bonus of a day off. All Managers received a 2% increase except for the Executive Director. The Governor directed that no agency administrators could receive a merit increase or bonus regardless of their rating. • Legislative Visit of January 21, 2016: Representative Sannicandro met with Executive Director Alterio and DPPC’s leadership team at DPPC on January 21, 2016. Representative Sannicandro has spent 10 years in legislature and has been a leader in the disability arena. The meeting went well and Representative Sannicandro gave advice on how to push the budget agenda forward. • House 2 Recommendation: The House 2 budget recommendation was released on January 27, 2016 which recommends level funding DPPC from FY2016 to FY2017 at $2,943,391. DPPC’s budget is lean and therefore cuts must be addressed through staff reductions. Level funding from fiscal year 2016 into 2017 would create a projected deficiency of about $50,000. This deficiency would reduce overall staffing from 32 to 31 whereby reducing the investigation staff by 20%, based on the practice of last on, first off. To maintain staffing into FY2017 DPPC requires $2,943,391 in funding. • Ways and Means Budget Packages, Budget hearing, Testimony and Budget Brief: Executive Director Alterio reviewed the budget brief and different budget scenarios – level funding (loss of one FTE), maintenance funding (keep at 32 FTEs), and funding needed to expand DPPC FTEs by 12 additional staff. After the release of the Governor’s recommendation, DPPC completed and submitted the required budget package and narrative for Ways and Means. Ways and Means held a series of budget hearings. Executive Director Alterio testified as scheduled at the budget hearing on February 23, 2016 to members of the Ways and Means Committee. In addition to the oral testimony, the Executive Director submitted written testimony and copies of the DPPC Budget Brief. The Executive Director was the last person to provide testimony on the 23rd and subsequent to the meeting adjournment several of the members approached the Executive Director and complimented her testimony. The Executive Director is working hard to, at a minimum, obtain maintenance funding for the agency. The Commissioners received a copy of DPPC’s written testimony for review. Ways and Means are scheduled to release their budget recommendation on or about April 13, 2016. • Requested Meeting with Leadership – House Speaker, Chair SWM, Lt. Governor: A letter was sent to the Chair of SWM, Speaker of the House and Lt. Governor requesting a meeting. Executive Director Alterio, General Counsel Westwater and Sergeant Grant met with Speaker DeLeo and an aide for about 45 minutes. As Speaker DeLeo has worked on disability issues before, Executive Director Alterio is hoping he will support the needs DPPC. House 2 recommends an additional $30 million for DCF and an additional $4 million for EOEA so obviously the Administration gets the critical work of these agencies. It is likely that the Administration does not understand the nature of DPPC’s work given the Administration supported both DCF and EOEA but not DPPC. DPPC will keep working with the Administration and Ways and Means to inform them of the nature of DPPC’s work and budgetary needs. Most recently Representative Provost notified the DPPC that she is reaching out to Representative Dempsey, Chair HWM, requesting an increase in DPPC budget. SWM’s Chair Senator Spilka was too busy to meet with DPPC management team but was afforded the opportunity to meet with her aide. 4. • Supplemental Request: Representative Khan’s office again reached out to DPPC to file a supplemental on behalf of the agency. In response to her request, DPPC provided a written narrative and two budget scenarios; one supporting making DPPC whole at an increase of about $4 million and the other to expand DPPC by 12 additional staff at a cost of about $1 million. The Commissioners received copies of the materials. • MASS Request – Agency Expansion: Massachusetts Advocates Standing Strong (MASS) is advocating for DPPC budget expansion of 12 FTEs – Two supervisors and 10 staff which would include two nurses with an understanding of injuries, medications, etc. DPPC provided MASS with a budget breakdown of the positions at a cost about $1 million. • FY2017 House Ways and Means Budget Release – April 13, 2016: DPPC is working with House and Senate Ways and Means. DPPC hopes to receive at least maintenance funding. If DPPC does not get this, an amendment will be pursued. DPPC will need to obtain a sponsor and co-sponsors in support of an amendment. If an amendment is filed, it needs to be voted on and supported by the House. Discussion ensued regarding cost effectiveness and cost benefits. It is not easily quantifiable and the auditors did not look at cost effectiveness during their recent audits of DPPC. • ANF New Analysts Orientation: The Executive Director and DPPC management team is scheduled to meet with the new ANF analyst next week. Eagleton Investigation Eagleton is an educational residential program for students with disabilities up to 22 years of age. There are about 75 students from various states enrolled in the school. This is a significant case involving a multi-disciplinary investigation – including DPPC, EEC, DCF, Office of the Child Advocate, local and state police, FBI and District Attorney’s office. The Berkshire District Attorney’s Office is leading the investigation. At her request, Executive Director Alterio recently met with newly appointed Director of the Child Advocate Maria Z. Mossaides to discuss the formation of a working group to enhance communication and collaboration between child and adult protective service agencies. 5. Building Security Assessment – Recommendations Update As a result of the State Police report regarding the building security assessment conducted at DPPC office, several quotes have been acquired to address the implementation of the recommendations contained in the report. The approximate cost to make the recommended safety changes is about $40,000 which includes changing the access door into the interview room from general office space to the waiting room, inserting bullet-resistant glass in the reception area wall and back doorway and purchasing and installing cameras and monitors. Deputy Executive Director DeRiggi and Administration and Finance Manager Brown are scheduled to meet with the contractors next week. DPPC will go ahead with most of the changes given we will remain in the building for at least another four years. The DPPC office space is in a good location and there is space to expand should DPPC obtain additional staffing. Commissioner Medoff raised the subject of solicitation and protesting. Discussion ensued. General Counsel Westwater added people can protest but cannot enter workplace or interfere with work and that police would handle such matters. 6. Audit Update The Auditor’s Office asked DPPC to follow up in writing as to the progress on implementing the findings contained in the most recent audit. DPPC Deputy Executive Director DeRiggi completed and submitted the follow up form responding that all recommendations are in progress. In response to the Audit findings, Deputy Executive Director DeRiggi developed policies, procedures and forms as well as has held and is holding meetings with DPPC, DDS, DMH and MRC to review the changes in practice. 7. MOVA Public Hearings, DPPC’s Testimony and Request: • MOVA held public hearings in an effort to identify the gaps and unmet needs of victims. DPPC staff, Susan Love and Mariah Freark, provided oral testimony at one of the MOVA hearings in Worcester on January 26, 2016. Executive Director Alterio provided written testimony, talked with and also requested a meeting with MOVA Executive Director Lowney. DPPC is hoping to secure funding to hire service navigators to work specifically with sexual abuse victims with disabilities to advocate and ensure they have an opportunity and the required supports to receive trauma informed services. Typically DPPC oversight officers have a caseload of 250. However, due to the nature of the work, this new position would have a limited caseload and would be able to provide face-to-face support and advocacy. DPPC would also like to see funding available for a trauma informed organization to identify, train and maintain a list of behavioral therapists qualified to work with sexual assault victims with disabilities. 8. ACL Grant Project Implementation: DPPC, DPH and project coordinator meet about every other week to go over grant implementation with the core group meeting monthly. Susan Vickers, project coordinator is doing a great job. Policies and procedures regarding guardianship, accommodations, etc. are being drafted by sub-committee led by BARCC. The sub-committee will meet twice a month, with one meeting in-person, and the other by telephone and also communicate by email between meetings. Riverside is developing the training curriculum. The plan is to conduct four trainings to be held regionally through the state in the fall. The core group has identified people who should attend the training. This grant is focused on people with intellectual and developmental disabilities. DPPC meets monthly with the federal funders. 9. State/National/International Projects and Training Updates • DCF/DPH Focus Groups – DPPC to Facilitate: When the Governor released his budget recommendation he recommended the DCF domestic violence contracts be moved to DPH. The emphasis is for DCF to focus on investigations and not contracts. Currently DPH oversees the contracts for Rape Crisis Centers (RCCs). As RCCs are housed in DV programs, it makes sense for them to be overseen by DPH as well. As a result of the recommendation, DCF and DPH are working together to rewrite the RFRs and are holding a series of facilitated discussion across the state to gain insight into the needs and gaps. Of the about 30 facilitated discussion groups, there will be three disability-focused groups. DPPC was asked and agreed to facilitate the group comprised of providers. Triangle will facilitate the group for persons with disabilities and Worcester RCC will facilitate the group for the deaf and hard of hearing. The DPPC focus group meeting will follow the ACL meeting on April 27. DCF and DPH are working on developing questions to be asked at all the facilitated meetings. When the RFR is written they are looking to ensure that the needs of persons with disabilities are addressed in the DV and RCC applications. DV and RCCs could potentially receive increased funding to meet the needs of people with disabilities. This is a good opportunity to make RCC and DV programs more programmatically and attitudinally accessible. • Brandies – Brandeis is working on a research paper to develop a protocol on how to respond to sexual abuse disclosures. The researchers are working with individuals with developmental disabilities, who are pregnant or who had a baby in the last year, and investigating the health of these individuals and the services made available to them. Because of the vulnerability of this population, they are aware of the possibility of abuse and want to ensure they have the correct protocols in place if/when they come across this situation. When researchers interview candidates they want to know what to do if an individual discloses they were the victim of abuse. They asked DPPC to co-author a protocol with them. This is a project where researchers and practitioners are working together to inform the end product. Commissioner Medoff asked how this could be helpful to DPPC. Discussion ensued. Commissioner Lorick-Wilmot commented research could be helpful in identifying problems and how to train individuals. However, this depends on what the primary question of research is and the secondary findings. • SANE Request – Facilitate Adolescent Task Force: The MA SANE Program has pulled together an Adolescent Taskforce to review SANE protocols for teens (12 – 17 years) to ensure that they provide the most developmentally appropriate care for this age group of patients. SANE is including others in this system of care/response in these discussions, given a change in one part of the system may affect other parts. Prosecutors, Law Enforcement Officers, CAC Directors and Rape Crisis Directors from Bristol County, Plymouth County and Suffolk County are participating in the Adolescent Taskforce. In addition, SANE is including representatives from the following groups in the discussions, as appropriate: physician partners, DCF, Police Departments, the Boston and State Police Crime Lab, the Victim Rights Law Center, DPH Legal Department and the MA SANE Program. This will help to ensure that they develop the best developmentally appropriate and trauma-informed practices. The Taskforce will focus specifically on the documentation forms included in the Sexual Assault Evidence Collection Kit (MSAECK), and the issue of STI testing at the time of an acute sexual assault response. The Taskforce first met on February 26, 2016 at DPPC and are scheduled to meet again on April 8, 2016. Executive Director Alterio was asked and agreed to facilitate the Taskforce. • Tier I – Investigation Training: Two Tier I trainings have been scheduled for: o Middlesex District Attorney at the Hampton Inn, Natick on May 24, 2016 o Cape & Islands District Attorney at the Resort and Conference Center at Hyannis on June 1, 2016 o In process of scheduling Tier I with Norfolk District Attorney’s Office • Basic Investigation Training: The Basic Investigation Training for newly hired MA APS investigators will be held at DPPC on June 6-9, 2016. • Protect, Report, Preserve Training: Two PRP trainings have been scheduled for: o Hampden District Attorney at the Log Cabin on May 19, 2016 o Cape & Islands District Attorney at the Resort and Conference Center at Hyannis on June 2, 2016 • Florida – A&A Train the Trainer: Florida wants to implement A&A training teams and has asked DPPC to train their trainers so they can replicate the training in Florida. A Florida training team will observe an A&A training by Central team on April 28, 2016 and then participate in a Train the Trainer session at DPPC on April 29, 2016. Jennie Edwards-Hawkins and Anne Monti will train the team. • Colorado – Replication Training: Colorado recently passed legislation regarding APS and mandatory reporting. Executive Director Alterio, Sergeant Grant and Legal Counsel Dunphy Farris will provide one-day training on the Massachusetts APS system on April 29, 2016 in Aurora, Colorado. The day’s agenda is full starting with 7:00 a.m. breakfast meeting with legislators, morning training with large group, round-table luncheon with leadership from law enforcement, APS, HHS., afternoon training is broken into specific focus groups - APS, ADAs, local police. The Commissioners received a copy of the training flyer. • NAPSA – Research Committee, Registry Fact Finding Sub-Committee: o NAPSA asked DPPC to join their Research Committee as they only have elder focused members and need members with experience in the disability field. Seana Miller and Mariah Freark joined from DPPC; Brandeis researchers were contacted and they also have joined. o Arc wants an abuse registry and contacted DPPC. Executive Director Alterio reached out to NAPSA to form w a working group from across the country to identify what states have an APS registry and to identify the pros, cons and costs. 10. Monthly, Quarterly and Annual Reports DPPC Commissioners received copies of the following DPPC reports: • Hotline Activity Report – February 2016: The Hotline Activity Report for the month of February 2016 was distributed and reviewed. The Commission received 871 abuse reports during the month of February 2016 compared to 723 abuse reports received in February FY2016. This is a significant increase. In addition to the abuse reports, the Hotline received 357 information and referral calls and 73 death reports, a combined total of 1,301 calls to the Hotline in February 2016. • Oversight Activity Report – February 2016: The Oversight Activity Report for the month of February 2016 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 283 cases were closed and 227 cases assigned. At the close of the month, there were 777 active oversight cases and 450 overdue investigation reports. This is a decrease of 100 overdue investigation cases since January 2016. • Legal Activity Report – February 2016: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for February 2016 was distributed and reviewed. The Legal Unit received 14 petitions and completed 2 petitions, 70 records requests and 1 records demand during the month. There are a total of 133 Petitions pending review with 104 at DDS. The legal unit has been very busy working on DPPC bill, regulations, ACL grant, research committee, etc. 11. New Business: The next scheduled Commissioners meetings are April 7, 2016, May 12, 2016 and June 9, 2016. There was no new business. 12. Adjournment: MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 6:30 p.m., Commissioner Lorick-Wilmot seconded. Unanimous to adjourn the meeting at 6:30 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes April 7, 2016 Commissioners Present: Yndia Lorick-Wilmot Ph.D., Maurice Medoff, Gail Varrasso Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Julie Westwater, General Counsel, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Two UMass Boston students attended the open meeting. The meeting was called to order at 4:15 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • 1. Commissioners’ Agenda of April 7, 2016 Commissioners’ Meeting Minutes of March 17, 2016 Budget Report and Narrative March 2016 MA Chapter DDNA Conference Invitation MA Chapter DDNA: It Takes A Village Sponsorship Papers Protect, Report, Preserve Training Flyer BPI and Middlesex District Attorney’s Office Tier I Training Flyer Legal Activity Report – March 2016 Approval of Minutes of Meeting of March 17, 2016 MOTION: VOTE: 2. To accept minutes of March 17, 2016 as received motioned by Chairperson Varrasso and seconded by Commissioner Medoff Unanimous to accept the minutes of March 17, 2016 as received Proposed Amendments to DPPC Regulations, 118 CMR and Senate Bill 2168 - Update DPPC is holding a public hearing on April 15 to receive public comments on DPPC’s proposed regulations at the DPPC office. A public notice was placed in the Boston Globe. There must be a 21 day notice for the public hearing so people have the opportunity to provide comments. The drafted regulations are on DPPC website and on file with the Secretary of State. Once the comment period is completed, DPPC Legal Unit and management team will process and consider feedback. Commissioner Medoff asked for feedback after the hearing; Executive Director Alterio responded it would be on the agenda at the next meeting. Senate Bill 2168 is in the 2015-2016 legislative cycle which ends around the close of the calendar year. The Bill has passed Senate Ways and Means and now sits in House Ways and Means. Once passed by House Ways and Means, the Bill needs to be approved and signed by the Governor before the end of the legislative cycle. No funding is attached which is favorable for passage. DPPC has worked hard to get the Bill passed and hopefully it will go through sooner rather than later. Many of the proposed regulatory changes are in-line with the proposed statutory changes of Senate Bill 2168. Updating DPPC’s regulations is also in-line with Governor Baker’s initiative for agencies to update their Regulations. The revised Regulations will be published hopefully in May. 3. 4. Administration and Finance • Monthly Budget Summary and Narrative Report March 2016: The Monthly Budget Summary Report along with a narrative for February 2016 was submitted to the Commissioners for their review and comments. DPPC spent 70% out of 75% of its budget and is on track. The additional money in the budget is due to an investigator leaving part way through the year. There are upcoming IT and building security expenditures. There are no budgetary concerns this year that would impact staffing. • FY2017 House Ways and Means Budget Release – April 13, 2016: DPPC has been working with House and Senate Ways and Means. The budget is scheduled to be released next Wednesday. DPPC is hoping for the maintenance budget which will allow DPPC to maintain 32 FTEs. If DPPC does not get this, an amendment will be pursued by Massachusetts Advocates Standing Strong (MASS). MASS will need to obtain a sponsor and co-sponsors in support of an amendment. If an amendment is filed, it needs to be voted on and supported by the House. DPPC also met with Speaker DeLeo and talked about an expansion budget which would add 12 FTEs. Executive Director Alterio will notify the Commissioners of HWM’s recommendation when it is released. • ANF New Analysts Orientation: DPPC management team met with the new hired ANF analyst two weeks ago. The analyst was encouraged to educate and advocate on behalf of the DPPC’s needs to the Administration. The analyst was provided with copies of the budget narratives and budget brief. • Requested Meeting with Lt. Governor: DPPC received a call from Tammi Mello, the Executive Director of the Governor’s Council on Sexual and Domestic Violence. As April is Sexual Awareness month, she would like to tie in a visit from Lt. Governor Polito with the ACL grant. The next ACL meeting is tentatively scheduled for April 27, 2016. An ACL project write-up was submitted to Tammi Mello. This is an opportunity for the Lt. Governor to learn about DPPC, ACL grant and the collaborative efforts to provide access to trauma-informed services to victims of sexual abuse with developmental disabilities. Building Security Assessment – Update Deputy Executive Director DeRiggi and Administration and Finance Director Brown met with the contractors and the building security assessment recommendations will be completed by June 30, 2016. There is still discussion as to whether the work will be done over the weekend or during business hours. The approximate cost to make the recommended safety changes is about $40,000 which includes changing the access door into the interview room from the general office space to the waiting room, inserting bullet-resistant glass in the reception area wall, installing solid wood door in back doorway, reinforcing the structure, and installing an electronic surveillance system. 5. MOVA Meeting Executive Director Alterio will be meeting with MOVA Executive Director Lowney. DPPC is seeking money from MOVA to enhance protective service efforts for sexual assault victims with disabilities. DPPC is hoping to secure funding to hire Protective Service Advocates (PSA) to work specifically with sexual abuse victims with disabilities. The PSA would inform victims and significant others about available trauma informed services such as Rape Crisis Centers (RCC), Behavioral Specialists, victim compensation and work to ensure access to those services. The ACL Team is working with RCCs to develop policies and procedures and training to enhance access to RCC’s. The team has also identified additional service gaps, such as the lack of behavior clinicians to work with persons with intellectual/developmental disabilities, and is working to resolve those barriers. The ACL team is mapping out services currently available to victims and identifying what services need to be added for persons with disabilities. Discussion ensued regarding funding from victim compensation, Medicaid, forfeiter funds, courtordered restitution and other funding sources for persons with disabilities who have been victimized. DPPC is looking into all these sources – this is a new area. 6. ACL Grant Project Implementation: DPPC, DPH and project coordinator meet about every other week to go over grant implementation. A Monthly meeting is held with the ACL team. A lot of work is being done and daily conversations are taking place. DPH held a mandatory meeting in Worcester for clinical supervisors from 16 RCCs statewide to introduce them to the ACL grant project and to obtain feedback from the clinicians. Susan Vickers, Riverside, BARCC and Executive Director Alterio participated in the meeting. There was good feedback; attendees were invested and agreed these are difficult cases and there is a need to work together to address guardianship, accommodations, third party and training. The clinicians from the RCC’s are scheduled to meet again on May 5, 2016 for additional discussion and brainstorming. The BARCC led policy and procedure group is meeting bi-monthly to draft the necessary policies. This is more complicated than originally imagined. The group will look nationally for policies and procedures and make them compliant with MA law. The DPH/DCF facilitated discussion scheduled for April 27 at DPPC will help identify gaps that exist and help inform the ACL project as well as DPH/DCF as they write their RFRs to ensure programs are providing services to persons with disabilities. It is hoped that additional funds will be requested by RCC’s and made available through DPH such as increased counseling sessions and mobile teams. Victim Compensation and Victim Rights Law Center (VRLC) are excited to be new partners to the ACL grant. Riverside is developing the training curriculum. The plan is to conduct four trainings to be held regionally through the state in the fall. MOVA has been approached to provide additional funding to enable continuous training; to identify s and cross train therapists to provide long-term therapeutic services to persons with developmental disabilities; and to maintain a list of trauma-informed clinicians. This is a huge undertaking. Discussion ensued regarding RCC programs, additional assistance being needed for persons with disabilities, and the distinction between equality and equity. 7. State/National/International Projects and Training Updates • Child/Adult Protective Services Working Group: Office of Child Advocates organized a group consisting of DPPC, DCF, DMH, DOE, EEC and others. Deputy Director DeRiggi and General Counsel Westwater have been assigned to the working group and attend weekly meetings. The purpose it to look at residential educational programs to identify problems, determine if they are being run appropriately, and improve communication and enhance collaboration between agencies. • Triangle/ARC – Abuse Registry vs. DPPC Voluntary Authorization for Release of Information Checks: Deputy Executive DeRiggi is and will continue to meet with Triangle and Arc. The goal of both options is to protect people with disabilities. Both are preventative measures and both require funding. A bill would be required to be passed for an abuse registry. Arc is taking the lead to draft the bill language. DPPC is also working with NAPSA and formed a national committee to obtain information about the pros and cons of abuse registries. Reinstating DPPC background checks would require additional resources and require the service to be restructured. There are many other positions needed first – hotline, oversight, investigations to address day-to-day work. • DCF/DPH Focus Groups – DPPC to Facilitate: When the Governor released his budget recommendation he recommended the DCF domestic violence contracts be moved to DPH. The emphasis is for DCF to focus on investigations and not contracts. Currently DPH oversees the contracts for Rape Crisis Centers (RCCs). As RCCs are housed in DV programs, it makes sense for them to be overseen by DPH as well. As a result of the recommendation, DCF and DPH are working together to rewrite the RFRs and are holding a series of facilitated discussions across the state to gain insight into the needs and gaps. Of the about 30 facilitated discussion groups, there will be three disability-focused groups. DPPC was asked and agreed to facilitate the group comprised of providers. Triangle will facilitate the group for persons with disabilities and Worcester RCC will facilitate the group for the deaf and hard of hearing. The DPPC focus group meeting will follow the ACL meeting on April 27. DCF and DPH are working on developing questions to be asked at all the facilitated discussions. When the RFR is written they are looking to ensure that the needs of persons with disabilities are addressed in the DV and RCC applications. DV and RCCs could potentially receive increased funding to meet the needs of people with disabilities. This is a good opportunity to make RCC and DV programs more programmatically and attitudinally accessible. • SANE Adolescent Task Force: The MA SANE Program has pulled together an Adolescent Taskforce to review SANE protocols for teens (12 – 17 years) to ensure that they provide the most developmentally appropriate care for this age group of patients. SANE is including others in this system of care/response in these discussions, given a change in one part of the system may affect other parts. Prosecutors, Law Enforcement Officers, CAC Directors and Rape Crisis Directors from Bristol County, Plymouth County and Suffolk County are participating in the Adolescent Taskforce. In addition, SANE is including representatives from the following groups in the discussions, as appropriate: physician partners, DCF, Police Departments, the Boston and State Police Crime Lab, the Victim Rights Law Center, DPH Legal Department and the MA SANE Program. This will help to ensure that they develop the best developmentally appropriate and trauma-informed practices. The Taskforce will focus specifically on the documentation forms included in the Sexual Assault Evidence Collection Kit (MSAECK), and the issue of STI testing at the time of an acute sexual assault response. The Taskforce meet again on April 8, 2016 and will look at forms SANE uses when collecting forensic evidence. Executive Director Alterio is facilitating the Taskforce. • Florida – A&A Train the Trainer: Florida wants to implement A&A training teams and has asked DPPC to train their trainers so they can replicate the training in Florida. A Florida training team will observe an A&A training by Central team on April 28, 2016 and then participate in a Train the Trainer session at DPPC on April 29, 2016. Jennie Edwards-Hawkins and Anne Monti will train the team. • Colorado – Replication Training: Colorado recently passed legislation regarding APS and mandatory reporting. Executive Director Alterio, Sergeant Grant and Legal Counsel Dunphy Farris will provide one-day of training on the Massachusetts APS system on April 29, 2016 in Aurora, Colorado. The day’s agenda is full starting with 7:00 a.m. breakfast meeting with legislators, morning training with large group, round-table luncheon with leadership followed by break up into specific focus groups sessions in the afternoon training is broken with APS, ADAs, local police. Colorado is covering all expenses. The travel disclosure will be provided as required once all the costs have been determined including airfare, hotel, ground transportation and per-diem. • Massachusetts Chapter DDNA 18th Annual Conference: DPPC was invited to participate on a panel presentation with Massachusetts Chapter of Developmental Disabilities Nurses Association at their annual conference on October 6, 2016. The panel will talk to nurses about recognizing, reporting and reporting about committed against persons with developmental disabilities. DPPC will also provide an informational table. This is the MA Chapter but is open to New England. • BPI Funded trainings o Tier I – Investigation Training: Three Tier I trainings have been scheduled for:  Norfolk District Attorney’s Office at Lombardo’s, Randolph on May 17, 2016 (tentative)  Middlesex District Attorney at the Hampton Inn, Natick on May 24, 2016 (confirmed)  Cape & Islands District Attorney at the Resort and Conference Center at Hyannis on June 1, 2016 (confirmed) o Protect, Report, Preserve Training: Two PRP trainings have been scheduled for:  Hampden District Attorney at the Log Cabin on May 19, 2016  Cape & Islands District Attorney at the Resort and Conference Center at Hyannis on June 2, 2016 o Basic Investigation Training: The Basic Investigation Training for newly hired MA APS investigators will be held at DPPC on June 6-9, 2016. 8. Monthly, Quarterly and Annual Reports DPPC Commissioners received copies of the following DPPC reports: • 9. Legal Activity Report – March 2016: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for March 2016 was distributed and reviewed. The Legal Unit received 17 petitions and completed 17 petitions, 64 records requests and 1 records demand during the month. There are a total of 128 Petitions pending review with 99 at DDS. The legal unit has been very busy working on DPPC bill, regulations, ACL grant, research committee, etc. New Business: The next scheduled Commissioners meetings are May 12, 2016 and June 9, 2016. Emil talked about the Ethics filing has been pushed back to May 1 as the website is not up and running. It has been extended to May 29. The database is supposed to be up and running by May 13. Executive Director Alterio had informed the Commissioners of this by email earlier in the week. There was no other new business. 10. Adjournment: MOTION: VOTE: Commissioner Lorick-Wilmot motioned to adjourn the meeting at 6:15 p.m., Commissioner Medoff seconded. Unanimous to adjourn the meeting at 6:15 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes May 12, 2016 Commissioners Present: Yndia Lorick-Wilmot Ph.D., Maurice Medoff, Gail Varrasso Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins The meeting was called to order at 4:00 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • 1. Commissioners’ Agenda of May 12, 2016 Commissioners’ Meeting Minutes of April 7, 2016 Budget Report and Narrative April 2016 HWM’s Budget Recommendation FY2017 DPPC Policies and Procedures Updated DPPC Response to DDS re. OIG Draft Audit Report MA DPPC ACL Grant Bi-Annual Report October 2015 – March 2016 BPI Upcoming Training Summary Intake Activity Report April 2016 Oversight Activity Report April 2016 Legal Activity Report – April 2016 Quarterly Report – January through March 2016 Approval of Minutes of Meeting of April 7, 2016 MOTION: VOTE: 2. To accept minutes of April 7, 2016 as received motioned by Chairperson Varrasso and seconded by Commissioner Medoff Unanimous to accept the minutes of April 7, 2016 as received Scheduling Additional Commissioners’ Meetings Commissioners scheduled the following meetings for the remainder of the calendar year: • Wednesday, July 13, 2016 from 3:00 p.m. – 5:00 p.m. • Thursday, September 22, 2016 from 4:00 p.m. – 6:00 p.m. • Thursday, October 20, 2016 from 4:00 p.m. – 6:00 p.m. • Thursday, November 17, 2016 from 4:00 p.m. – 6:00 p.m. • Thursday, December 8, 2016 from 4:00 p.m. – 6:00 p.m. The meetings will be posted accordingly. 3. 4. Administration and Finance • Monthly Budget Summary and Narrative Report April 2016: The Monthly Budget Summary Report along with a narrative for April 2016 was submitted to the Commissioners for their review and comments. DPPC spent 81% out of 83% of its budget. DPPC ANF Manager John Brown is contacting ANF about setting up a subsidiary budget line item for building security expenditures. There are no budgetary concerns this year that would impact staffing. The cost of the construction, security installation and medical equipment to address the security concerns raised by the State Police Assessment amounts to about $50,000. • FY2017 House Ways and Means Budget Recommendation and Amendments: HWMs initial budget recommendation level funded DPPC in the amount of $2,943,391 which equates to a budget cut. Massachusetts Advocates Standing Strong (MASS) reached out to Representative Garbally to file an amendment on their behalf. Representative Garbally filed an amendment seeking to increase DPPC’s budget recommendation by $250,000. In addition, Representative Khan filed an amendment to increase DPPC’s recommendation by an additional $1 million. The amendments passed in part providing an additional $100,000 to DPPC’s recommendation. The final HWMs’ recommendation with the addition of the amendment is $3,043,391. If received, the HWMs’ budget recommendation would allow DPPC to hire an additional FTE. • FY2017 Senate Ways and Means Budget Recommendation and Amendment: The SWMs budget is scheduled to be released on or about May 17, 2016. Senator Barrett’s office called DPPC notifying Executive Director Alterio that if the SWMs budget recommendation did not include the additional $1 million proposed by Representative Khan, that Senator Barrett was going to file an amendment in support of the additional million. Executive Director Alterio added that although it is highly unlikely that DPPC will receive the additional funds, it is reassuring to know that members of the legislature recognize the significant work and challenges of the agency. • Requested Meeting with Lt. Governor: Unfortunately, Lt. Governor Polito’s schedule was too booked during the month of April (sexual assault awareness month) to visit the DPPC to highlight the work being done by DPPC and so many others to provide improved access to trauma-informed services to victims of sexual abuse with developmental disabilities. DPPC is still working with Tammy Mello, Executive Director of the Governor’s Council on Sexual and Domestic Violence, to find another date. If DPPC’s legislation passes perhaps there may be an opportunity to raise awareness at the signing. Policies and Procedures Update DPPC has approximately 130 Policies and Procedures. The goal is to update 50% of the policies and procedures during FFY2016 which ends September 30, 2016. This includes adding some policies and eliminating others. To date, every policy has been reviewed and those requiring revision have been identified. Approximately 35 policies have been updated. The Commissioners were provided a list of the 35 DPPC Policies and Procedures that were updated. 5. Proposed Amendments to DPPC Regulations, 118 CMR and Senate Bill 2168 DPPC held a public hearing on April 15, 2016 to receive public comments on DPPC’s proposed regulations at the DPPC office. Although nobody attended the public hearing, DPPC received productive comments from DDS which DPPC Legal Unit and management team are reviewing. DPPC is looking to finalize the regulations by June but also closely following Senate Bill 2168, which amends DPPC’s statute. If it appears Senate Bill 2168 is likely to be passed in the next couple of months, DPPC may hold off in finalizing the regulation to incorporate the statutory changes as a result of the Bill’s passage. If Senate Bill 2168 is passed and signed by the Governor, the regulations will need to be updated in a few places. Updating DPPC’s regulations is also in-line with Governor Baker’s initiative for agencies to update their Regulations. Senate Bill 2168 is sitting in House Ways and Means but has been stalled as they are currently occupied with the budget. DPPC will be reaching out to HWMs again in an attempt to get the bill moving forward. Once passed by HWMs, the Bill needs to be approved and signed by the Governor before the end of the 2015-2016 legislative cycle which ends around the close of the calendar year. No funding is attached which is favorable for passage. DPPC has been working with Representative Bradley’s office in an effort to get the bill passed. DPPC has worked hard to get the Bill passed and hopefully it will go through sooner rather than later. Many of the proposed regulatory changes are in-line with the proposed statutory changes of Senate Bill 2168. 6. Building Security Renovations On May 11, 2016, Deputy Executive Director DeRiggi and Administration and Finance Director Brown met again with building management and the contractors and reviewed the final specifications. Work will start in a couple of weeks; architectural blueprints and building permits are needed before work can begin. Renovations include installing bullet-resistant glass and a pass-through in the reception area, moving the access door into the interview room from the general office space to the waiting room, installing a solid wood door in the back doorway, reinforcing the structure, and installing an electronic surveillance system. 7. Letter to Commissioner Howe Regarding OIG Draft Audit Report Executive Director Alterio submitted a letter to Commissioner Howe in response to the recommendations made in the draft audit report regarding the recent audit of the DDS critical incident reporting conducted by the Department of Health and Human Services Office of Inspector General (OIG). A copy of the letter submitted to Commissioner Howe was provided to the Commissioners. 8. MOVA Meeting Outcome and RFR Release Executive Director Alterio and Deputy Executive Director DeRiggi met with MOVA Executive Director Liam Lowney to discuss seeking and applying for MOVA funds to enhance protective service efforts for sexual assault victims with disabilities. MOVA’s first RFR was released this week. However, DPPC is not eligible to apply for these funds because they are earmarked for private and non-profit agencies. DPPC is working very closely with Riverside, an ACL partner, to see if they will apply for funds to train clinicians on working with people with developmental or intellectual disabilities. Riverside has reached out to Interface (William James) who maintains a list of therapists and patients with therapists based on expertise and location. The idea is to increase and expand the list to include clinicians specialized to work with persons with intellectual and developmental disabilities. It is hoped that both Riverside and William James will apply for funds to address this significant gap in services for persons with disabilities. Riverside is also considering applying for MOVA funds to enable them to provide continuous training and ongoing technical assistance to rape crisis centers. The second release of grant funding is for innovative programs. DPPC anticipates applying for these funds to hire Protective Service Advocates (PSAs) to work with sexual abuse survivors with disabilities to link them to appropriate trauma informed services. The PSA would inform victims and significant others about available trauma informed services such as Rape Crisis Centers (RCC), Behavioral Specialists, victim compensation and work to ensure access to those services. 9. ACL Grant Project Implementation The Commissioners received a copy of ACL’s semi-annual performance report. The project has 12 partners and is on target for completion. DPPC, DPH and the project coordinator continue to meet every other week to ensure effective implementation. A monthly meeting is held with the full ACL team. Clinicians from 16 RCCs statewide met for the second time on May 5, 2016 to brainstorm and continue discussions about the ACL grant project. The BARCC led policy and procedure group continues to meet bimonthly to draft the necessary policies. Victim Compensation and Victim Rights Law Center (VRLC) are new partners on the ACL grant. Riverside has drafted the training outline for the four regional cross disciplinary trainings. Four statewide regional trainings will be conducted in the fall for DPPC, DDS, RCCs, SANE, MASS and others. 10. State/National/International Projects and Training Updates • Child/Adult Protective Services Working Group: The Office of Child Advocates organized a working group consisting of DPPC, DCF, DMH, DOE, EEC and others to improve communication and coordination between organizations. Deputy Executive Director DeRiggi and General Counsel Westwater have been assigned to the working group and are currently meeting weekly. As a result of the Eagleton School, the working group will initially look at residential educational programs throughout the Commonwealth. They hope to meet with programs, identify any concerns and support programs through an on-going process. There is a commitment to improve things so the outcome will be a worthwhile time investment. Deputy Executive Director DeRiggi added DPPC’s role is limited given the primary focus is on children. DPPC is at the table to address those aged 18 to 22 that fall within the transition period. • Triangle/ARC – Abuse Registry vs. DPPC Voluntary Authorization for Release of Information Checks: The goal of both options is to protect people with disabilities. Both are preventative measures and both require funding. A bill would be required to be passed for an abuse registry. ARC is taking the lead to draft the bill. DPPC is also working with NAPSA and formed a national working group to obtain information about the pros and cons of abuse registries. Given the ARC is focused on the budget process, the drafting of the bill has been delayed. This gives DPPC more time to obtain information nationally. The NAPSA subcommittee is developing a questionnaire to distribute to APS state administrators in an effort to identify which states have an APS abuse registry. The subcommittee is currently working to define ‘APS abuse registry’ and finalize the questions for distribution to obtain the pros, cons, costs, etc. Executive Director Alterio is chairing the Registry subcommittee • DCF/DPH Facilitated Discussion Groups: When the Governor released his budget recommendation in January he recommended the DCF domestic violence contracts be moved to DPH. As a result of the recommendation, DCF and DPH are working together to rewrite the RFRs and held a series of facilitated discussions across the state to gain insight into the needs and gaps. Of the about 30 facilitated discussion groups, there were three disability-focused groups. DPPC facilitated the group comprised of providers and asked questions developed by DCF and DPH. The DPPC focus group meeting followed the ACL meeting on April 27, 2016. DPH was happy with the feedback obtained from the facilitated discussion. • SANE Adolescent Task Force: The MA SANE Program has pulled together an Adolescent Taskforce to review SANE protocols for teens (12 – 17 years) to ensure that they provide the most developmentally appropriate care for this age group of patients. SANE is including others in this system of care/response in these discussions, given a change in one part of the system may affect other parts. Prosecutors, Law Enforcement Officers, CAC Directors and Rape Crisis Directors from Bristol County, Plymouth County and Suffolk County are participating in the Adolescent Taskforce. In addition, SANE is including representatives from the following groups in the discussions, as appropriate: physician partners, DCF, Police Departments, the Boston and State Police Crime Lab, the Victim Rights Law Center, DPH Legal Department and the MA SANE Program. This will help to ensure that they develop the best developmentally appropriate and trauma-informed practices. The Taskforce will focus specifically on the documentation forms included in the Sexual Assault Evidence Collection Kit (MSAECK), and the issue of STI testing at the time of an acute sexual assault response. The Taskforce is scheduled to meet again on May 20, 2016 and will look at the forms SANE use to make sure they are responding appropriately. There are many issues to address, so they are trying to prioritize. Executive Director Alterio is facilitating the Taskforce at the request of SANE. • Florida – A&A Train the Trainer: Florida wants to implement A&A training teams and asked DPPC to train their trainers so they can replicate the training in Florida. A Florida training team observed an A&A training by Central team on April 28, 2016 and then participated in a Train the Trainer session at DPPC on April 29, 2016. Jennie Edwards-Hawkins and Anne Monti trained the team and received positive feedback from the participants. • Colorado – Replication Training: Colorado recently passed legislation regarding APS and mandatory reporting. Executive Director Alterio, Sergeant Grant and Legal Counsel Dunphy Farris provided one-day of training for about 250 people on the Massachusetts APS system on April 29, 2016 in Aurora, Colorado. As previously discussed, Colorado is covering the travel, lodging and per-diem costs of the presenters. The required disclosure form was submitted for signature. • BPI Funded Trainings – The Commissioners received a copy of the BPI Upcoming Training Summary which contained a list of dates and locations of the following BPI trainings: o Tier I – Investigation Training: Three Tier I trainings have been scheduled for:  Norfolk District Attorney’s Office at Lombardo’s, Randolph on May 17, 2016  Middlesex District Attorney at the Hampton Inn, Natick on May 24, 2016  Cape & Islands District Attorney at the Resort and Conference Center at Hyannis on June 1, 2016 o Protect, Report, Preserve Training: Two PRP trainings have been scheduled for:  Hampden District Attorney at the Log Cabin on May 19, 2016  Cape & Islands District Attorney at the Resort and Conference Center at Hyannis on June 2, 2016 o Basic Investigation Training: The Basic Investigation Training for newly hired MA APS investigators will be held at DPPC on June 6-9, 2016. 11. ACES The Commissioners received copies of ACES forms for Nancy Alterio, Emil DeRiggi, John Brown and Julie Westwater for mid-year review. The initial stage identifies goals and objectives. The second phase is the semi-annual review that tracks progress and looks at goal management not core competencies or career goals. The final stage is completed in September/October with the final review evaluating the objectives as well as core competencies. Individual objectives are rated as either ‘below’ ‘on’ or ‘above’ target. The overall rating of the progress review is listed on the last page of ACES report. The highest overall rating is ‘meets expectations’ and the lowest rating is ‘below expectations’. All managers received ratings of ‘meets expectations’. The Commissioners reviewed, discussed and approved the ACES ratings of Executive Director’s reporting staff and established the ratings of Executive Director Alterio. The ratings and final comments established by the Commissioners will be added to Executive Director Alterio’s digital form and a copy of the completed ACES form will be provided to the Commissioners at the subsequent meeting. MOTION: VOTE: 12. To accept ACES as presented by Executive Director Alterio for her direct reports and to accept ratings of Executive Director Alterio as established by the Commissioners, motioned by Commissioner Medoff and seconded by Commissioner Lorick-Wilmot Unanimous to accept ACES as presented and established Monthly, Quarterly and Annual Reports DPPC Commissioners received copies of the following DPPC reports: • Intake Activity Report – April 2016: The Hotline Activity Report for the month of April 2016 was distributed and reviewed. The Commission received 864 abuse reports during the month of April 2016. In addition to the abuse reports, the Hotline received 575 information and referral calls and 74 death reports, a combined total of 1,513 calls to the Hotline in April 2016. 13. 14. • Oversight Activity Report – April 2016: The Oversight Activity Report for the month of April 2016 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 183 cases were closed and 253 cases assigned. At the close of the month, there were 904 active oversight cases and 534 overdue investigation reports. • Legal Activity Report – April 2016: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for April 2016 was distributed and reviewed. The Legal Unit received 3 petitions and completed 12 petitions, 56 records requests and 3 records demand during the month. There are a total of 116 Petitions pending review with 89 at DDS. The legal unit has been very busy working on DPPC bill, regulations, ACL grant, research committee, etc. • Quarterly Report – January, February, March 2016: DPPC’s quarterly report for January through March 2016 was reduced from 8 to 6 pages. The report was distributed and discussed with the Commissioners. New Business • Executive Director Alterio informed the Commissioners that she was asked to become a member of the Governor’s Council on Domestic and Sexual Violence to represent the issues of abuse committed against adults with disabilities. Executive Director Alterio is required to complete and undergo a background check. The Executive Director is scheduled to attend the next Council meeting scheduled for June 20, 2016. Lt. Governor Polito chairs the Council meetings. • The next Commissioners’ meeting is scheduled for June 9, 2016. Adjournment: MOTION: VOTE: Commissioner Lorick-Wilmot motioned to adjourn the meeting at 6:00 p.m., Chairperson Varrasso seconded. Unanimous to adjourn the meeting at 6:00 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes June 9, 2016 Commissioners Present: Honorable James Brett, Yndia Lorick-Wilmot Ph.D., Maurice Medoff Outgoing Commissioner: Gail Varrasso Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Julie Westwater, General Counsel, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins The meeting was called to order at 4:00 p.m. Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • 1. Commissioners’ Agenda of June 9, 2016 Commissioners’ Meeting Minutes of May 12, 2016 Budget Report and Narrative May 2016 DPPC FY2017 Budget Recommendations Budget Conference Committee Members MASS Flyer Supporting Senate Recommendation for DPPC ACL Voluntary Consensus Guidelines APS Expert Work Group Office for Victims of Crime, OJP Peer Review Invite Basic Investigation Training Agenda, June 2016 Welcome to New Chairperson and Farewell to departing Chairperson with DPPC Team DPPC management team and staff met with the Commissioners at the monthly staff meeting to thank outgoing Chairperson Gail Varrasso for her service and to welcome the new Chairperson, the Honorable James Brett. Outgoing Chairperson Varrasso was presented with a gift in appreciation for her years of service. Incoming Chairperson Brett provided a brief bio of his work and personal experiences including having a sibling with an intellectual disability. DPPC staff shared a brief overview of the day-to-day work of the Commission. 2. Approval of Minutes of Meeting of May 12, 2016 MOTION: VOTE: To accept minutes of May 12, 2016 as received motioned by Commissioner Medoff and seconded by Commissioner Lorick-Wilmot Commissioner Medoff and Commissioner Lorick-Wilmot accepted the minutes of May 12, 2016 as received; Chairperson Brett abstained. 3. Commissioner Contracts Commissioner Lorick-Wilmot, Commissioner Medoff and Chairperson Brett received and signed their respective contracts. 4. Review of Open Meeting Law and Confidentiality Agreement General Counsel Westwater reviewed the Open Meeting Law, confidentiality agreement, remote participation allowances and provided Chairperson Brett with a packet of information on the Law. Chairperson Brett signed the confidentiality agreement and receipt of Open Meeting Law documentation. The Commissioners voted to allow for remote participation. MOTION: VOTE: 5. To allow for remote participation as permitted in the Law motioned by Commissioner Lorick-Wilmot and seconded by Commissioner Medoff Unanimous to allow for remote participation as permitted Proposed Amendments to DPPC Regulations, 118 CMR and Senate Bill 2168 General Counsel Westwater introduced DPPC’s proposed amendments to the regulations and Senate Bill 2168. DPPC held a public hearing on April 15, 2016 to receive public comments on DPPC’s proposed regulations. Although nobody attended the public hearing, DPPC received productive comments from DDS which DPPC Legal Unit and management team reviewed. DPPC is looking to finalize the regulations by June but also closely following Senate Bill 2168, which amends DPPC’s statute. If it appears Senate Bill 2168 is likely to be passed in the next couple of months, DPPC may hold off finalizing the regulation to incorporate the statutory changes as a result of the Bill’s passage. If Senate Bill 2168 is passed and signed by the Governor, the regulations will need to be updated in a few places. Updating DPPC’s regulations is also in-line with Governor Baker’s initiative for agencies to update their Regulations. Senate Bill 2168 is sitting in House Ways and Means (HWMs). DPPC has made numerous attempts to move the bill. No funding is attached which is favorable for passage. DPPC has been working with Representative Bradley’s office and many others in an effort to get the bill passed. Many of the proposed regulatory changes are in-line with the proposed statutory changes of Senate Bill 2168. General Counsel Westwater provided the Commissioners with copies of the letters sent to the leadership, sponsors and HWMs members in support of the legislation. Chairperson Brett asked if it would be helpful for him to sign a letter in support of the bill and hand deliver it to the State House. Everyone was in agreement and appreciative of the Chairperson’s efforts. A letter will be drafted and sent to Chairperson Brett for hand-delivery. 6. Administration and Finance • Monthly Budget Summary and Narrative Report May 2016: The Monthly Budget Summary Report along with a narrative for May 2016 was submitted to the Commissioners for their review and comments. June is the final month of the fiscal year and there are no budgetary concerns. Funding was budgeted for office safety renovations with remaining funds allocated for necessary IT and other office supplies. 7. • FY2017 Budget Recommendation and Next Steps: The Commissioners received a breakdown of the FY2017 Budget Recommendations for DPPC. The Governor’s budget recommendation level-funded DPPC in the amount of $2,943,391 which equates to a budget cut of one FTE whereby reducing DPPC from 32 to 31 staff. HWMs recommended $3,043,391 in funding for DPPC which would enable DPPC to hire one additional FTE whereby increasing staffing from 32 to 33. SWMs recommendation is $3,293, 711 which would enable DPPC to hire up to five additional FTEs. Currently the Conference Committee is meeting to determine which budget number DPPC will receive; HWMs, SWMs or somewhere inbetween. • MASS Advocacy: A copy of the MASS flyer supporting the Senate budget recommendation for DPPC was provided to the Commissioners for review. ACES The Commissioners received a copy of Nancy Alterio’s ACES semi-annual review form with ratings and narrative inserted as completed by the Commissioners in the previous meeting of May 12, 2016. 8. Building Security Renovations: Currently construction and installation of security and medical equipment are taking place to address the security concerns raised by the State Police Assessment. This includes installing bullet-resistant glass and a pass-through in the reception area, moving the access door into the interview room from the general office space to the waiting room, installing a solid wood door in the back doorway, reinforcing the structure, and installing an electronic surveillance system. 9. Administration for Community Living (ACL) Grant Project Implementation Executive Director Alterio briefly described the ACL Grant Project which involves 12 partners to enhance access to trauma services to sexual assault victims with intellectual/developmental disabilities. A monthly meeting is held with the ACL team at the DPPC. The BARCC led guidelines group continues to meet bi-monthly to draft the necessary guidance to ensure Rape Crisis Centers (RCCs) are accessible for persons with disabilities. Riverside Trauma has drafted the training outline for the four regional cross disciplinary trainings to be held in the fall for DPPC, DDS, RCCs, SANE, MASS and others. Self-advocates are involved in the project and planning the training. 10. State/National/International Projects and Training Updates • Administration for Community Living (ACL) Voluntary Consensus Guidelines for State Adult Protective Services (APS) Programs – Invitation to Expert Working Group: Executive Director Alterio received a request from ACL to work with them to review the drafted APS Federal guidelines. Participation in the project will be conducted via phone on a weekly basis and end on or about September 9, 2016. The Commissioners received a copy of the invite. Executive Director Alterio will begin participation in the Expert Working in July. • U.S. Department of Justice, Office of Justice Programs’ Office for Victims of Crime (OVC) – Request OJP Peer Reviewer: Executive Director Alterio received a request to become an OJP Peer Reviewer. The Commissioners received a copy of the invite. • Governor’s Council To Address Sexual Assault and Domestic Violence, June 20, 2016: Executive Director Alterio was asked to become a member of the Governor’s Council To Address Sexual Assault and Domestic Violence to represent abuse as it relates to adults with disabilities. Executive Director Alterio submitted her resume and required forms and is undergoing a background check. The Executive Director is scheduled to attend the next Council meeting scheduled for June 20, 2016. • Sexual Assault Nurse Examiner (SANE) Program Board Meeting, June 13, 2016: Executive Director Alterio has been a SANE Board member for many years and participates regularly. The next meeting is scheduled for June 13th. • SANE Adolescent Task Force, May 24 and June 16, 2016: The MA SANE Program has pulled together an Adolescent Taskforce with representation from numerous disciplines to review SANE protocols for teens (12 – 17 years) to ensure that they provide the most developmentally appropriate care and trauma-informed practices for this age group of patients. SANE requested that Executive Director Alterio facilitate the Taskforce meetings. The Task Force began meeting in February and will continue to meet until the protocols are reviewed. • Office of Child Advocate (OCA) Residential Working Group: In response to a case at a residential educational facility for students with disabilities, the Office of Child Advocate organized a working group consisting of DPPC, DCF, DMH, DOE, EEC and others to improve communication and coordination between organizations. Deputy Executive Director DeRiggi and General Counsel Westwater have been assigned to the working group and are currently meeting weekly. The working group is looking at residential educational programs throughout the Commonwealth. The group is looking to identify concerns early and help develop better systems and communication between programs. Deputy Executive Director DeRiggi added each agency in the working group has a different way of receiving and responding to allegations and therefore enhanced communication and sharing of information will benefit the outcome. • BPI Updates: Executive Director Alterio briefly discussed the development, partnership and goals of BPI with the MOU and training curricula as the cornerstones. o Tier I – Investigation Training: MOUs were revised in 2016 with seven District Attorneys signing the new version. As they sign on, the DA’s are hosting trainings for law enforcement and others within their jurisdiction. Four Tier I trainings have been conducted to date with three Tier I trainings being conducted in FY2016:  Norfolk District Attorney’s Office at Lombardo’s, Randolph on May 17, 2016  Middlesex District Attorney at the Hampton Inn, Natick on May 24, 2016  Cape & Islands District Attorney at the Resort and Conference Center at Hyannis on June 1, 2016 o Protect, Report, Preserve Training: Two PRP trainings were conducted for staff providing services to persons with disabilities:  Hampden District Attorney at the Log Cabin on May 19, 2016  Cape & Islands District Attorney at the Resort and Conference Center at Hyannis on June 2, 2016 o Basic Investigation Training: The Basic Investigation Training for 12 newly hired MA APS investigators was conducted at DPPC on June 6-9, 2016. o BPI Steering Committee Meeting, June 10, 2016: The next BPI Steering meeting, co-chaired by Executive Director Alterio and retired Northwestern District Attorney Scheibel, is being held to discuss progress of FY2016 and to plan for FY2017. 11. Review of Commissioners’ Meeting Schedule The Commissioners reviewed the schedule for the upcoming year. Commissioner Lorick-Wilmot reported that she is not able to attend the July meeting. 12. New Business Executive Director Alterio provided Chairperson Brett with background information about the similarities/differences on a national level between states APS agencies; the National Adult Protective Services Association (NAPSA) and upcoming conference; Arc of Massachusetts - Abuse Registry interest and NAPSA Abuse Registry Working Committee; the complexity of DPPC cases from investigation to prosecution; as well as the structure and general day-to-day business of DPPC and the SPDU. 13. Adjournment: MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 6:26 p.m., Chairperson Brett seconded. Unanimous to adjourn the meeting at 6:26 p.m. Commissioner Lorick-Wilmot did not vote as she departed the meeting at 6:00 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes September 22, 2016 Commissioners Present: Honorable James Brett, Yndia Lorick-Wilmot Ph.D., Maurice Medoff Invited Guest: Representative Sean Garballey Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Julie Westwater, General Counsel, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • • • • Commissioners’ Agenda of September 22, 2016 Commissioners’ Meeting Minutes of June 9, 2016 Yearend Monthly Budget Summary and Narrative Report June 2016 Budget Summary and Narrative Report August 2016 Office of Inspector General Report Issued July 2016 A-01-14-00008 DPPC Legal Bulletin Highlights of Amendments to 118 CMR Employee Performance Review Forms BPI Training Announcement – ACL Regional Trainings Proposal to MOVA Seeking Funds to Support Protective Service Advocates NIJ Summary Overview: Examining Criminal Justice Responses To and HelpSeeking Patterns of Sexual Violence Survivors with Disabilities Response to Governor’s Council to Address Sexual Assaults and Domestic Violence Request for Information on Legislation NAPSA Northeast MOU NAPSA Abuse Registry Ad Hoc Committee Progress Report Quarterly Report – April, May, June 2006 Hotline Activity Report – August 2016 Oversight Activity Report – August 2016 Legal Activity Report – August 2016 Chairperson Brett called the meeting to order at 4:00 p.m. and welcomed the Honorable Representative Sean Garballey to the meeting. Representative Garballey was recognized and thanked for his support and advocacy in the legislature on behalf of DPPC. Representative Garballey responded that he was concerned about budget cuts and recognized that many legislators may not understand the prevalence of violence being committed against persons with disabilities and the significance of the issue. Representative Garballey has taken the lead and filed budget amendments in support of DPPC and will continue to do so. Representative Garballey offered to help set up meetings and events to educate other members of the legislators on the important work of the DPPC. The Commissioners and Executive Director thanked Representative Garballey for his support and guidance. 1. Approval of Minutes of Meeting of June 6, 2016 MOTION: VOTE: 2. 3. To accept minutes of June 6, 2016 as received motioned by Commissioner Lorick-Wilmot and seconded by Chairperson Brett Unanimous to accept the minutes of June 6, 2016 as received Administration and Finance • Yearend Monthly Budget Summary and Narrative Report June 2016: The Final Monthly Budget Summary Report for June 2016 was submitted to the Commissioners for their review and comments. This concludes the spending for FY2016. DPPC spent 99.98% out of 100% of its budget with $606 reverted back to the general fund. • Monthly Budget Summary and Narrative Report August 2016: The Monthly Budget Summary Report along with a narrative for August 2016 was submitted to the Commissioners for their review and comments. DPPC spent 13% out of 17% of its budget during the first two months of the fiscal year. Thanks to the support of the Legislator and Administration, DPPC is able to hire an additional Oversight Officer. The position has been posted and DPPC has currently received over 80 applicants seeking the position. • FY2017 Appropriation, Plan Narrative and FY18 Cap: The Conference Committee released their budget recommendation on or about June 30 whereby recommending $3,043,391 in funding for DPPC. Given the Commonwealth’s budget deficiency, Governor Baker reduced agency’s funding by 1% across the board whereby reducing DPPC’s budget by about $30,000. Most appreciatively the Legislature voted to override the cut which restored DPPC to an appropriation of $3,043,391. As requested, the DPPC provided the Administration with a spending plan for FY2017 as well as requested the funding necessary to sustain operations during FY2018. Within the narrative submitted to ANF, DPPC asked the Administration to consider expanding the agency’s funding given the demands. A copy of the narrative was provided to and reviewed with the Commissioners. OIG Report The Commissioners received a hard copy of the OIG’s report during the meeting. At the time the report was released, the Commissioners received notification and a link to the report. DPPC is working with DDS on implementing the OIG’s recommendations. 4. Update on DPPC Regulations, 118 CMR and Senate Bill 2168 DPPC’s new Regulations became effective on August 12, 2016. DPPC General Counsel Westwater provided a three page overview of the changes and reviewed said changes with the Commissioners. General Counsel Westwater also provided an overview of Senate Bill 2168. Senate Bill 2168 is sitting in House Ways and Means (HWMs). DPPC has made numerous attempts to move the bill. No funding is attached which is favorable for passage. There has been no known opposition to the bill. Representative Garballey recommended that efforts continue to move the bill during the informal session. However, if the bill does not pass Representative Garballey offered to file a joint bill in January with Senator Keenan. 5. Legal Bulletin Issue I The DPPC’s Legal Unit issued its first periodic Legal Bulletin in July 2016 designed to: inform agencies about novel or interesting topics; provide tips for investigations; highlight teachable moments in investigation reports; facilitate communication between agency and DPPC staff; and generally share information concerning our combined mission. The Bulletin was disseminated to DPPC, DDS, DMH and MRC. As a followup to the issuance of the Bulletin, and dependent upon interest, DPPC is considering setting up a periodic meeting/conference call to discuss any issues that were identified in the Bulletin or simply as an opportunity to raise any questions/concerns that might benefit from an inter-agency discussion. 6. Employee Performance Review Form (EPRS) FY16 Final Review Stage C: Executive Director Alterio reviewed staff’s overall progress and end of year ratings with the Commissioners. Employees are given a rating of ‘Exceeds’, ‘Meets’ or ‘Below’ depending upon their overall performance. To obtain an overall rating of exceeds, the employee needs to work above and beyond expectations. A rating of meets expectations is a good rating and means the employee is working up to expectations. The completed EPRS forms on the Executive Director’s reporting staff were distributed to the Commissioner. The Commissioners reviewed and signed the forms as rated. FY17 Goal Setting Stage A: In addition, the Commissioners received completed ERPS Stage A forms for the Executive Director’s direct reports for review and signature. The forms were signed and approved by the Commissioners. 7. Strategic Planning Meeting DPPC held its annual strategic planning meeting earlier today, Thursday, September 22, 2016. An introductory PowerPoint and schematic on the conference room wall depicted DPPC’s Continuous Quality Management and explained the events of the day. Small and large groups, with representation from each unit, worked cooperatively throughout the day. The morning was spent reviewing FY2016 goals and objectives and listing individual and agency accomplishments; the afternoon comprised of staff brainstorming and developing goals for FY2017. The Commissioners will receive a copy of the Strategic Plan once completed. 8. Advisory Council Request At a recent DPPC Advisory Council meeting, the members requested a meeting with the Commissioners. The Commissioners meeting schedule will be provided to the Advisory Council to determine which date will work for them. 9. 10. Administration for Community Living (ACL) Grant Project Implementation • Regional Trainings and Guidelines for Rape Crisis Centers: ACL awarded DPPC a federal grant in the amount of $300,000 over a two year period. Through a multidisciplinary effort, four regional trainings in Metro Boston, Northeast, Central/West and Southeast will be held. Lt. Governor Polito is scheduled to attend the Northeast training in Chelmsford. The Commissioners received a flyer detailing the trainings. As part of the grant funding, Guidelines are being developed for Rape Crisis Centers (RCC) to address such issues as third party participation, guardianship, communication and accommodations for persons with disabilities. The Department of Public Health has already doubled the number of counseling sessions a RCC can provide to persons with disabilities recognizing that often persons with disabilities require extra time. • Protective Service Advocate (PSA) Proposal to MOVA for VOCA Funds: DPPC requested funds from MOVA to employ protective service advocates to ensure persons with intellectual/developmental disabilities who have been sexually assaulted have access to trauma services. • NIJ Grant Overview, Examining Criminal Justice Responses To and Help-Seeking Patterns of Sexual Violence Survivors with Disabilities: The Commissioners were provided with a copy of the report, which subsequent to their study, highly recommended a coordinated community response to support victims of sexual assaults with disabilities. State/National/International Projects and Training Updates • ACL Voluntary Consensus Guidelines for State Adult Protective Services (APS) Programs – Invitation to Expert Working Group: The work on this working group is completed. The working group, comprised of about 18 people from across the country, met to revise the text of the draft based on both the qualitative and quantitative data analysis of the comments received. The Guidelines are scheduled for release shortly. • National Adult Maltreatment Reporting System (NAMRS) Update: NAMRS is the first national data system that will capture APS data. As NAMRS can only receive data from one agency per state and given Massachusetts is a bifurcated state, DPPC and EOEA are working together to combine the data to disseminate from a single source. A representative from both DPPC and EOEA attended a training in DC on NAMRS. ACL funded the training and travel costs associated with attending. • Governor’s Council To Address Sexual Assault and Domestic Violence (GCSADV): The DPPC wrote in response to GCSADV Executive Director Mello’s email requesting information concerning pending legislation which the Council could bring to the attention of the administration for consideration. Given that the Legislature is in informal session, Executive Director questioned whether DPPC should continue to pursue the bill’s passage and work with the Council or wait until next year to re-file. Representative Garballey recommended that the DPPC continue to pursue the bill’s passage as some bills do pass during the informal session. • Sexual Assault Nurse Examiner (SANE) Board: DPPC Executive Director continues to serve on the SANE Board. • SANE Adolescent Task Force: The MA SANE Program has pulled together an Adolescent Taskforce with representation from numerous disciplines to review SANE protocols for teens (12 – 17 years) to ensure that they provide the most developmentally appropriate care and trauma-informed practices. DPPC Executive Director continues to facilitate the statewide 25 member task force. • OCA Residential Working Group: Deputy Executive Director DeRiggi and General Counsel Westwater continue to represent DPPC on this working group. The meetings are held monthly. • National Adult Protective Services Association (NAPSA) o Annual Conference: DPPC applied for and was awarded VOCA funds from MOVA to send several staff members to the NAPSA conference in Philadelphia, PA. The conference was held in late August, early September. o NAPSA Northeast I Regional Update: Executive Director Alterio is the Northeast Regional chair for NAPSA. Due to the states close proximity to one another, DPPC’s cases sometimes cross state lines. The MOU for northeastern states has been updated to identify contact people and numbers in each state. The MOU will be sent out for signature by Executive Director Alterio within the next few weeks. The Commissioners received a copy of the MOU. o Abuse Registry Ad Hoc Committee: The Committee, under Executive Director Alterio’s leadership, conducted an initial survey of all states, with most responding, to identify those that have an adult abuse registry. The committee is planning on following up with the states who identified themselves as having a registry, first to have them complete an electronic survey to collect some more basic information, and then to be interviewed to get answers to some more complex questions that are difficult to ask via an electronic survey. At this point, the committee is trying to nail down the questions for the second survey to gather the necessary information about state’s respective registries including history, resources required, applicability, abuser rights and notification and much more. The Commissioners were provided a copy of the progress report on the initial survey as well as information objectives for the second, more comprehensive survey. • BPI Updates o Tier I – Investigation Training: MOUs were revised in 2016 with seven District Attorneys signing the new version. As they sign on, the DA’s are hosting trainings for law enforcement and others within their jurisdiction. BPI Co-Chairs are currently working with Suffolk, Worcester, Berkshire and Essex DA’s to plan Tier I trainings. o Awareness and Action trainings are continuing for persons with disabilities. MASS has a new Executive Director – Caroline vanBruinswaardt who started on or about July 1, 2016. 11. 12. Monthly, Quarterly and Annual Reports • Hotline Activity Report – August 2016: The Hotline Activity Report for the month of August 2016 was distributed and reviewed. The Commission received 1,112 abuse reports during the month of August of 2016. In addition to the abuse reports, the Hotline received 504 information and referral calls and 86 death reports, a combined total of 1,702 calls to the Hotline in August 2016. August has seen the highest number of abuse reports. If DPPC continues at this rate, the Hotline will experience a 20% increase in abuse reports in FY2017 compared to FY2016. • Oversight Activity Report – August 2016: The Oversight Activity Report for the month of August 2016 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 301 cases were closed in comparison to 302 cases being assigned. At the close of the month, there were 939 active oversight cases and 608 overdue investigation reports. • Legal Activity Report – August 2016: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for August 2016 was distributed. The Legal Unit received 5 petitions and completed 26 petitions and 52 records requests during the month. There are 104 Petitions pending review. • Quarterly Report – April, May, June 2016: The quarterly report was distributed for review. New Business Commissioner Lorick Wilmot asked that Representative Garballey’s recommendation regarding DPPC’s meeting with and educating new members be placed on the next agenda. 13. Adjournment: MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 5:30 p.m., Commissioner Lorick-Wilmot seconded. Unanimous to adjourn the meeting at 5:30 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes October 20, 2016 Commissioners Present: Honorable James Brett, Maurice Medoff Commissioners Not Present: Yndia Lorick-Wilmot Ph.D. Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • • • • • • Commissioners’ Agenda of October 20, 2016 Commissioners’ Meeting Minutes of September 22, 2016 Budget Summary and Narrative Report September 2016 State House News addressing Budget Deficit ACL Training Agenda of 09/29/2016 BPI Partnering for Hope and Healing Triangle Impact: Ability Training Announcement Governor’s Council to Address Sexual Assault and Domestic Violence Agenda of October 17, 2016 Overview of Senate Bill 2168 DPPC Amendments to Chapter 19C Handout DPPC Strategic Plan FFY 2016 Annual Review DPPC Strategic Plan FFY 2017 EOHHS/DPPC Common Intake Meeting re. Best Practices ACES Form for Deputy Executive Director ACES Form for General Counsel ACES Form for Director of Administration and Finance ACES Form for Executive Director Quarterly Report – July, August, September 2016 Hotline Activity Report – September 2016 Oversight Activity Report – September 2016 Legal Activity Report – September 2016 Chairperson Brett called the meeting to order at 4:00 p.m. 1. Approval of Minutes of Meeting of September 22, 2016 MOTION: VOTE: To accept minutes of September 22, 2016 as received motioned by Commissioner Medoff and seconded by Chairperson Brett Unanimous to accept the minutes of September 22, 2016 as received 2. 3. 4. Administration and Finance • Monthly Budget Summary and Narrative Report September 2016: The Monthly Budget Summary Report along with a narrative for September 2016 was submitted to the Commissioners for their review and comments. DPPC spent 24% out of 25% of its budget during the first quarter of the fiscal year. There are no budget concerns at this time. • ANF to Address $295 Million Deficit: The Commissioners received a copy of State House News article which highlights the budget deficit. ANF is looking to cut executive budgets by 1% and is currently offering a one-time cash buyout of $15,000 to 12,000 employees eligible to retire. It appears that DPPC would not be impacted at this time as it is not part of the Executive Branch. However, DPPC has reached out to HRD/OER for clarification. Despite the 1% cut, ANF does not intend to cut core services such as DCF. Given that DPPC’s work is similar to DCF, adult versus child protective services, perhaps DPPC will also be excluded from current or future cuts. Chairman Brett has requested a meeting with the Speaker of the House. Administration for Community Living (ACL) Grant Project Implementation • Regional Trainings and Guidelines for Rape Crisis Centers: A copy of the ACL Training Agenda of September 29, 2016 was provided to the Commissioners for their review. Four regional trainings in Metro Boston, Northeast, Central/West, and Southeast were completed and went well with all trainings receiving a rating of 4.5 out of five. The next step is to finalize the Guidelines for Rape Crisis Centers (RCC) which will address issues such issues as third party participation, guardianship, communication and accommodations for persons with disabilities. As issues related to third party participation of survivors with disabilities is in unchartered territory, DPPC reached out to a law firm (pro bono) for guidance on interpreting/understand the laws that impact third party participation as related to persons with disabilities. A semi-annual report and annual budget report are due to ACL at the end of the month. • Partnering for Hope and Healing: Lt. Governor Polito spoke at the Northeast training in Chelmsford on September 29, 2016. The Commissioners received a copy of the “BPI Partnering for Hope and Healing” which highlights the Lt. Governor’s participation. • Triangle Impact:Ability: Triangle received MOVA funding to provide hands-on training at RCCs regarding communicating with persons with disabilities. The three hour training complements DPPC’s ACL training. Given that Triangle’s project overlaps with DPPC’s ACL initiative, the two organizations are working hand-inhand. Presentation of Senate Bill 2168 to Governor’s Council To Address Sexual Assault and Domestic Violence (GCSADV) Copies of GCSADV’s Agenda of October 17, 2016 and DPPC’s Overview of Senate Bill 2168 were presented to the Commissioners for their review. Executive Director Alterio and Assistant General Counsel Levrault presented to the GCSADV on Monday, October 17, 2016 about Senate Bill 2168. Lt. Governor Polito acknowledged the ACL training that she attended and Executive Director was able to provide some follow up information on the ACL training and statewide multidisciplinary effort underway. Jane Doe and other agencies have reached out to help get DPPC’s pending legislation through the informal session. Lt. Gov. Polito also attended a meeting on the South Shore in Brockton which DPPC’s Outreach and Prevention Coordinator was on the agenda and also highlighted the ACL statewide multidisciplinary effort underway to enhance access to trauma services to sexual assault victims with intellectual/developmental disabilities; this is the third time within a couple of weeks the Lt. Governor has received information about the role and work of the DPPC. 5. Strategic Plan FFY2016 Annual Review The Commissioners received a copy of DPPC’s FFY 2016 Annual Review. Executive Director Alterio gave credit to DPPC staff for working on 21 objectives; 16 have been completed and five other multi-year objectives are on-going. The Commissioners reviewed the many accomplishments which include, but not limited to, updating DPPC policies and procedures, revising DPPC internal control plan, implementing the ACL grant, amending DPPC Regulations and finalizing the national ACL guidelines. 6. Strategic Plan FFY2017 Annual Plan The Commissioners received a copy of DPPC’s FFY 2017 Annual Plan. Executive Director Alterio provided an overview of the goals and objectives for FY2017 which are designed to improve the overall effectiveness and efficiency of the DPPC. There are 16 objectives established for the year which includes the multi-year objectives from the previous year. The objectives, in part or whole, will be added into the respective manager’s ACES and staff EPRS Forms. 7. EOHHS – DPPC Common Intake Meeting and Next Steps The Commissioners received a written and oral description of the EOHHS/DPPC common intake meeting detailing the purpose, goal and agenda. The Executive Office of Elder Affairs (EOEA) reached out to DPPC with regards to creating a single point of entry for intakes of abuse reports involving adults with disabilities and elders. Currently EOEA has a complicated system with about 21-23 separate organizations receiving abuse reports of elders in which the screening process varies from office to office. EOEA has a statewide 800 number to receive calls after hours and on weekends. DPPC also receives calls of elders which then require DPPC to forward the information to the applicable EOEA local office; a function that is time consumer for the DPPC. EOEA is looking to streamline efforts through the development of one hotline. The meeting initiated great discussion and resulted in DPPC taking another look at how DPPC can streamline its own intake process even more. 8. State/National/International Projects and Training Updates • DPPC Regulations, 118 CMR Training: DPPC revised Regulations became effective as of August 12, 2016. Applicable EOHHS agencies were notified of the changes. Regulation training is scheduled to take place next Thursday, October 27 for DPPC staff. • Real Lives Law and Financial Abuse Training: As required through the passage of the Real Lives law, DDS formed an Advisory Board of about 23 members. DPPC Executive Director was appointed to chair the Board which works to advance selfdetermination and self-directed funding options and services for individuals with developmental disabilities served by DDS. Although DPPC does not have jurisdiction to investigate financial abuse, this law now requires mandated reporters and other to report financial abuse to DPPC. DPPC and SPDU review the financial abuse reports which are then forwarded to law enforcement when applicable. In addition, DPPC is required to report quarterly to the State Auditor’s Office and annually to the legislature on any reports of financial abuse involving individuals participating in self-determination. This has created a lot of additional work for DPPC. The Law has been in effect for over a year with DPPC receiving about 600 reports of financial abuse annually. During the initial year, the Advisory Board met every other month. The meetings have been reduced to quarterly during the second year given that a lot of the start-up work has been completed. The advisory board is comprised of individuals, parents, DDS Commissioner Elin Howe, DDS Regional Directors, DPPC, Auditor’s Office, Inspector General’s Office, Attorney General’s Office, providers and others. A list of the board members will be forwarded to Chairman Brett. The Real Lives law requires that DDS staff and others receive training on the law and on financial abuse. In partnership with DPPC, DDS developed an online training to introduce the Self-Determination program. The training included information on financial abuse and reporting to DPPC. In addition, the DPPC legal unit is also working with DDS and the Inspectors General’s Office, Suffolk District Attorney’s Office and the Auditor’s Office to develop financial abuse training for APS investigators. The training will be held on November 16, 2016 at the DPPC. • ACL Voluntary Consensus Guidelines for State Adult Protective Services (APS) Programs – Completed. The APS Guidelines are completed and available online. DPPC managers have received a copy and will review them to see if DPPC is consistent with the national Guidelines. DPPC Executive Director assisted, along with many others across the country, to finalize the Guidelines. • National Adult Maltreatment Reporting System (NAMRS) Update: NAMRS is the first national data system that will capture APS data. As NAMRS can only receive data from one agency per state and given Massachusetts is a bifurcated state, DPPC and EOEA are working together to combine the data to disseminate from a single source. The target date for uploading the data is January 2017. • National Adult Protective Services Association (NAPSA) o NAPSA Northeast I Regional Update: Executive Director Alterio is the Northeast Regional chair for NAPSA. Due to the states close proximity to one another, DPPC’s cases sometimes cross state lines. The MOU for the Northeast states, which identifies contact people and information within each state, was recently updated by Executive Director Alterio in partnership with the northeast states and will soon be sent out to the six northeast states for signature. o Abuse Registry Ad Hoc Committee: The committee met again today and is close to ready to send out the second survey to the 20 states that have identified themselves as having an APS abuse registry. Through this second survey, some additional basic information will be collected. Subsequent to this second survey, an interview survey will be conducted to obtain answers to more complex issues that are unlikely to be answered through an electronic survey. The questions for both the electronic and telephone surveys have been drafted and are being finalized. Eventually, the findings will be presented in a written report. • BPI Updates o Tier I – Investigation Training: The MOUs were revised in 2016 with seven District Attorneys signing the new version. As they sign on, the District Attorney’s are hosting and PBI is funding trainings for law enforcement and others within the District Attorney’s respective jurisdiction. To date four Tier I trainings have been conducted including Cape & Islands, Hampden, Middlesex and Norfolk counties. Five additional Tier I trainings are being planned for Suffolk, Worcester, Berkshire, Essex and Bristol counties. o BPI Steering Committee Meeting: The next BPI meeting is scheduled for December 6, 2016 at the Massachusetts District Attorney’s Association (MDAA) office in Boston with representation from DPPC, DA’s offices, DDS, DMH, MRC, SANE, MDAA, SPDU, DPH, MOVA, MASS. • 9. Massachusetts Chapter Developmental Disabilities Nurses Association (DNNA) – 18th Annual Conference “It Takes a Village”: The DDNA conference was held on October 6, 2016 in Wakefield, MA. DPPC, as requested, conducted a 90 minute presentation, participated on a panel and hosted a vendor table. The event was well attended and received. ACES – Performance Evaluations for Management: The Commissioners received the completed ACES forms for John Brown, Emil DeRiggi and Julie Westwater for review and signature. Executive Director Alterio provided an overview of the managers’ objectives, accomplishments and ratings. The Commissioners reviewed and approved the ratings as presented by Executive Director Alterio. The Commissioners met and completed Executive Director Alterio’s ACES Form. The Commissioners discussed Executive Director Alterio’s objectives and accomplishments and presented their rating with comments. Executive Director Alterio will type up the Commissioners comments and ratings and add them to the digital form. Commissioner Medoff and Executive Director Alterio provided a brief explanation of the ACES process, requirements and limitations including HRD limiting DPPC’s management to only one receiving an “exceptional” rating. Given the size of the organization and the skill set and commitment of the DPPC management team, DPPC has requested an exemption to the ratings limitation and historically DPPC’s request has been approved. The ratings of the Executive Director, Deputy Executive Director, General Counsel and Director of Administration and Finance were approved as presented. MOTION: VOTE: To accept the ACES Forms and ratings of John Brown, Emil DeRiggi and Julie Westwater as presented motioned by Commissioner Medoff, seconded by Chairman Brett Unanimous to accept the ACES Forms and ratings as presented MOTION: VOTE: 10. 11. To accept the ACES Form and ratings of Executive Director Alterio as developed by the Commissioners motioned by Chairperson Brett and seconded by Commissioner Medoff Unanimous to accept the ACES Form and rating as developed Monthly, Quarterly and Annual Reports • Hotline Activity Report – September 2016: The Hotline Activity Report for the month of September 2016 was distributed and reviewed. The Commission received 956 abuse reports during the month of September of 2016. In addition to the abuse reports, the Hotline received 584 information and referral calls and 75 death reports, a combined total of 1,615 calls to the Hotline in September 2016. There has been a 17-18% increase in abuse reports. • Oversight Activity Report – September 2016: The Oversight Activity Report for the month of September 2016 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 258 cases were closed in comparison to 274 cases being assigned. At the close of the month, there were 875 active oversight cases and 574 overdue investigation reports. • Legal Activity Report – September 2016: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for September 2016 was distributed. The Legal Unit received 8 petitions and completed 14 petitions and 74 records requests during the month. There are 101 Petitions pending review. • Quarterly Report – July, August, September 2016: The quarterly report was distributed for review. New Business The next Commissioners’ meeting of November 17 will begin at 5:30 p.m. instead of 4:00 p.m. The meeting will be posted accordingly and the website will be updated to reflect the change. The December meeting will remain as scheduled – December 8, 2016 at 4:00 p.m. 12. Adjournment: MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 5:30 p.m., Chairman Brett seconded. Unanimous to adjourn the meeting at 5:30 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes November 16, 2016 Commissioners Present: Honorable James Brett, Yndia Lorick-Wilmot Ph.D., Maurice Medoff Staff Present: Nancy A. Alterio, Executive Director, Julie Westwater, General Counsel, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • Commissioners’ Agenda of November 16, 2016 Commissioners’ Meeting Minutes of October 20, 2016 2016 ACES Form for Nancy Alterio Budget Summary and Narrative Report October 2016 DPPC and DOC Memorandum of Understanding ACL 2nd Semi-Annual Report Jane Doe Inc. Letter to House Speaker DeLeo regarding Senate Bill 2168 Self Determination Advisory Board Agenda of December 7, 2016 NAPSA Northeast I Memorandum of Understanding Hotline Activity Report – October 2016 Oversight Activity Report – October 2016 Legal Activity Report – October 2016 Chairperson Brett called the meeting to order at 5:00 p.m. 1. Public Participation (5 minutes per participant) There was no public participation. 2. Approval of Minutes of Meeting of October 20, 2016 MOTION: VOTE: To accept minutes of October 20, 2016 as received motioned by Commissioner Medoff and seconded by Chairperson Brett Commissioner Medoff and Chairperson Brett accepted the minutes of October 20, 2016 as received; Commissioner Lorick-Wilmot abstained. Commissioner Lorick-Wilmot referred to the minutes of October 20th referencing the FFY2016 Strategic Plan Annual Review and asked of the five objectives ongoing how many were carried over into the FFY2017 plan. The exact number was not known but can be provided. 3. 4. Administration and Finance • Monthly Budget Summary and Narrative Report October 2016: The Monthly Budget Summary Report along with a narrative for October 2016 was submitted to the Commissioners for their review and comments. DPPC spent 31% out of 33% of its budget during the first four months of the fiscal year. DPPC management team is working with ANF on FY2018 funding. • Addressing Deficit: At this time, DPPC has not been impacted by the budget deficit. ACES The ACES Form of Executive Director Alterio was completed as directed by the Commissioners during the meeting of October 20, 2016. A copy of the completed review was provided to the Commissioners. 5. Memorandum of Understanding – DPPC and Department of Corrections The Commissioners received a copy of the updated Memorandum of Understanding (MOU) for review. The Department of Corrections (DOC) asked to revamp and reexecute the MOU that was created between DPPC and DOC in 2002. There were no major changes just procedural revisions, refining language and adding the titles of personnel who are to be contacted. The MOU has been signed by Executive Director Alterio and sent to DOC for signature. 6. 7. Administration for Community Living (ACL) Grant Project Implementation • Semi-Annual Report: The Commissioners received a copy of the ACL semi-annual report for review. The semi-annual report has been submitted to ACL as required. The ACL grant is on target with more being accomplished than was stated in the grant objectives. Four regional trainings in Metro Boston, Northeast, Central/West, and Southeast were completed. • Guidelines for Rape Crisis Centers: The guidelines which will address issues such as third party participation, guardianship, communication and accommodations for persons with disabilities were drafted and sent out for peer review. A law firm (pro bono) is reviewing the drafted guidelines to ensure the document is in compliance with any applicable laws. • NAMRS: NAMRS is the first national data system that will capture APS data. About 48-49 states are participating and will be submitting data. As NAMRS can only receive data from one agency per state and given Massachusetts is a bifurcated state, DPPC and EOEA are working together to combine the data to upload from a single source. The target date for uploading the data is January 2017. Senate Bill 2168 Advocacy: Jane Doe Inc. sent a letter to House Speaker Robert A. DeLeo, HWM’s Chair Brian S. Dempsey, House Minority Leader Bradley H. Jones, Jr. and Representative Provost in support of Senate Bill 2168. Although Bill 2168 has been favorably received it is still a long shot to get passed through an informal session. As a result of the presentation to the Governor’s Council to Address Sexual Assault and Domestic Violence (GCSADV), other individuals have also sent letters in support of the passage of the bill. The Commissioners received a copy of Jane Doe’s letter. 8. Real Lives Law Meeting and Financial Abuse Training As required through the passage of the Real Lives law, DDS formed an Advisory Board of about 23 members. DPPC Executive Director was appointed to chair the Board which works to advance self-determination and self-directed funding options and services for individuals with developmental disabilities served by DDS. The Real Lives law requires that DDS staff and others receive training on the law and on financial abuse. In partnership with DPPC, DDS developed an online training to introduce the SelfDetermination program. In addition, the Office of the Inspector General in partnership with DDS and DPPC provided training to DDS Service Coordinators and DPPC on understanding fraud. The Fraud training is scheduled to be provided to the Real Lives Advisory Board on Wednesday December 7, 2016. In addition, two half-day trainings titled, “Investigating Financial Abuse and Financial Exploitation” were held at DPPC on November 16, 2016. Participants included APS investigators and staff from DPPC, DDS, DMH and MRC. The training included information on financial abuse and reporting to DPPC. The training was developed by the DPPC legal unit, the Inspectors General’s Office, Suffolk District Attorney’s Office, the Auditor’s Office and DDS. Presenters included Judith Lyons, Chief, Major Felony Division, Suffolk DA’s Office; Julie Flaherty, Director, Bureau of Program Integrity, Massachusetts Office of the Inspector General; Julie Westwater, General Counsel, DPPC; Bernie Murphy, Director of Investigations, DDS; and Karl Farmer, Assistant Director of Investigations, DDS. DPPC received 77 financial abuse intakes last quarter but may see an increase due to training. Under the Real Lives Law, DPPC is required to report on the number of financial abuse allegations received by the hotline involving alleged victims reported to have developmental disabilities to the Office of the State Auditor. Commissioner LorickWilmot commented that as the training was for all agencies, and not just DDS, it would be good to collect and forward all the data to the Office of the State Auditor. The Executive Director explained that DPPC does collect financial abuse allegations on all alleged victims with disabilities and offered to send all the financial abuse allegations regardless of disability to the Office of State Auditor. After reviewing the Law, the Auditor’s Office determined DPPC should only report on those allegations related to alleged victims with developmental disabilities. 9. State/National/International Projects and Training Updates • National Adult Protective Services Association (NAPSA) o The Commissioners received a copy of the recently updated MOU for the NAPSA Northeast I states. The MOU includes updated contact information for each participating state. The MOU was sent out this week to the six northeast states for signature. o Abuse Registry Ad Hoc Committee: The Abuse Registry Ad Hoc Committee is scheduled to meet next on November 17, 2016. The questions for the second and more comprehensive survey have been completed and sent to NAPSA to set up electronic survey. Once the questions have been inputted into the electronic survey it will be disseminated to the committee to test. The survey is scheduled to be released to the 20 states that identified themselves as having an APS abuse registry after the first of the year. Subsequent to this second survey, a telephone interview will be conducted to obtain answers to more complex issues. The findings will be presented in a written report. The Arc plans on filing a bill to create an abuser registry. As the bill would need to be filed in January, the research from the NAPSA Abuse Registry Ad Hoc Committee will not be completed by then. It will take another six months to a year to collect and report on the data. • BPI Updates: o Five additional Tier I trainings are being planned for Suffolk, Worcester, Berkshire, Essex and Bristol counties. o BPI Steering Committee Meeting: The next BPI meeting is scheduled for December 6, 2016 at the Massachusetts District Attorney’s Association (MDAA) office in Boston with representation from DPPC, DA’s offices, DDS, DMH, MRC, SANE, MDAA, SPDU, DPH, MOVA, MASS and the AG’s Office. o Massachusetts Police Training Council (MPTC) trainings are being revamped as overall training hours are being reduced. This may affect the length of BPI trainings currently provided through MPTC in the police academies. 10. Monthly, Quarterly and Annual Reports • Hotline Activity Report – October 2016: The Hotline Activity Report for the month of October 2016 was distributed and reviewed. The Commission received 933 abuse reports during the month of October of 2016. In addition to the abuse reports, the Hotline received 453 information and referral calls and 71 death reports, a combined total of 1,457 calls to the Hotline in October 2016. • Oversight Activity Report – October 2016: The Oversight Activity Report for the month of October 2016 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 194 cases were closed in comparison to 220 cases being assigned. At the close of the month, there were 896 active oversight cases and 509 overdue investigation reports. The backlog of overdue investigation reports is decreasing despite an increase in abuse reports. • Legal Activity Report – October 2016: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for October 2016 was distributed. The Legal Unit received 8 petitions and completed 7 petitions and 50 records requests during the month. There are 105 Petitions pending review. Commissioner Lorick-Wilmot asked if there is a trend in the number of petitions being completed. Executive Director Alterio responded that when legal staff are pulled to work on other activities such as the regulations, bills, ACL guidelines, financial abuse training, protective orders, the number of petitions being completed is impacted. 11. 12. New Business • Commissioner Medoff asked Chairman Brett about his knowledge of Social Service Block Grants (SSBG) and what the future trend may be. There is uncertainty but it does appear that there will be substantial cuts especially to NIH funding. • Commissioner Lorick-Wilmot asked if students were interested in DPPC, could they come to DPPC for information. Executive Director Alterio affirmed and added training could also be provided for students at the college. DPPC does this on a regular basis as requested by universities and college programs. • Chairman Brett mentioned that he was contacted by someone seeking information on training related to autism and law enforcement. Executive Director Alterio will follow up directly with the individual and provide information on the ALEC program. • Chairman Brett reported that he has a meeting on December 14, 2016 with the Speaker of the House regarding Senate Bill 2168 and DPPC’s budget. • The next Commissioners’ meeting is scheduled for December 8, 2016 at 4:00 p.m. Adjournment: MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 6:00 p.m., Chairman Brett seconded. Unanimous to adjourn the meeting at 6:00 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes December 8, 2016 Commissioners Present: Honorable James Brett, Yndia Lorick-Wilmot Ph.D., Maurice Medoff Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Julie Westwater, General Counsel, Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Handouts – The following materials were distributed to the Commissioners: • • • • • • • Commissioners’ Agenda of December 8, 2016 Commissioners’ Meeting Minutes of November 16, 2016 Budget Summary and Narrative Report November 2016 Resume of Oversight Officer Hotline Activity Report – November 2016 Oversight Activity Report – November 2016 Legal Activity Report – November 2016 Chairperson Brett called the meeting to order at 4:00 p.m. 1. Public Participation (5 minutes per participant) There was no public participation. 2. Approval of Minutes of Meeting of November 16, 2016 MOTION: VOTE: 3. To accept minutes of November 16, 2016 as received motioned by Commissioner Lorick-Wilmot and seconded by Chairperson Brett Unanimous to accept the minutes of November 16, 2016 as received Meeting Schedule: The Commissioners scheduled the following two additional meetings: • Thursday, January 26, 2017 at 4:30 p.m. • Thursday, March 9, 2017 at 4:00 p.m. Jennie will post the meeting accordingly. 4. Administration and Finance Monthly Budget Summary and Narrative Report November 2016: The Monthly Budget Summary Report along with a narrative for November 2016 was submitted to the Commissioners for their review and comments. DPPC spent 39% out of 42% of its budget during the first five months of the fiscal year. 5. Personnel – New Hire: DPPC hired an additional Oversight Officer. She has an extensive background working with persons with disabilities, is bi-lingual and has an MBA. The newly hired Oversight Officer is scheduled to start work on Monday, December 12, 2016. DPPC delayed hiring the new staff due to the budget constraints of the state and concerns of potential 9C cuts, but fortunately DPPC was not impacted. The Commissioners received a copy of the new hire’s resume for review. 6. Requests for Information DPPC received a request from Jennifer Walker Chase from the investigative branch of the Office of the Inspector General as a follow-up to their audit with DDS. They are conducting a preliminary investigation at this point. Chairman Brett added that at the President’s Council on Intellectual/Developmental Disabilities meeting the OIG presented information on audits they conducted. 7. 8. Statutory Amendments • Senate Bill 2168: Although Bill 2168 has been favorably received it is still a long shot to get passed through an informal session. Chairman Brett has a meeting scheduled with House Speaker Robert A. DeLeo on December 14, 2016 to discuss Senate Bill 2168 as well as DPPC’s budget. Chairman Brett has a copy of the Jane Doe letter and if there is additional supporting material, he will take it. The requested information will be forwarded to the Chairman by email. • New Bill Filing for 2017/2018: If SB 2168 does not pass in the informal session, DPPC legal and management team are already in the process of redrafting a new bill which will be filed in January 2017. Senator Keenan and Representative Garballey have agreed to file the bill in their respected Houses. Real Lives Law Implementation As required through the passage of the Real Lives law, DDS formed an Advisory Board of about 23 members. DPPC Executive Director was appointed to chair the Board which works to advance self-determination and self-directed funding options and services for individuals with developmental disabilities served by DDS. The Real Lives law requires that DDS staff and others receive training on the law and on financial abuse. In partnership with DPPC, DDS developed an online training to introduce the SelfDetermination program. In addition, the Office of the Inspector General in partnership with DDS and DPPC provided training to DDS Service Coordinators and DPPC on understanding fraud. The Fraud training was then provided to the Real Lives Advisory Board on Wednesday December 7, 2016. The Advisory Board continues to work on the work plan. 9. Westfield State University DPPC received a letter from a professor in the Criminal Justice Department at Westfield State University announcing the inclusion of a course on mandated reporting. The professor had previously contacted and then visited DPPC to learn more about mandated reporting. The new course was approved by the university and is now part of the curriculum. Perhaps down the line this course will be offered at all state colleges and universities. 10. BPI Updates: • BPI Steering Committee Meeting: The BPI semi-annual steering committee meeting was held December 6, 2016 at the Massachusetts District Attorney’s Association (MDAA) office in Boston with representation from DPPC, DA’s offices, DDS, DMH, MRC, SANE, MDAA, SPDU, DPH, MOVA, MASS and the AG’s Office. Members continue to work on the implementation of the annual plan. o A Tier I training has been scheduled with Bristol District Attorney’s Office for March 30, 2017. Training dates/locations are being finalized for Worcester and Suffolk counties and continued efforts are being made with Berkshire and Essex counties. o NAMRS: NAMRS is the first national data system that will capture APS data. About 48-49 states are participating and will be submitting data. As NAMRS can only receive data from one agency per state and given Massachusetts is a bifurcated state, DPPC and EOEA are working together to combine the data to upload from a single source. The target date for uploading is January 2017. o The annual all-day, statewide training for APS investigators is scheduled for April 4, 2017 at the UMass Medical School in Shrewsbury. 11. Monthly, Quarterly and Annual Reports • Hotline Activity Report – November 2016: The Hotline Activity Report for the month of November 2016 was distributed and reviewed. The Commission received 864 abuse reports during the month of November of 2016. In addition to the abuse reports, the Hotline received 605 information and referral calls and 83 death reports, a combined total of 1,552 calls to the Hotline in November 2016. There has been a 1213% increase in abuse reports from last year. Commissioner Medoff asked if there was a correlation between the increase in reports and increase in outreach/trainings. Executive Director responded that as awareness increases, people are more likely to make a report of abuse. Outreach and training does appear to have a positive impact with reporting. • Oversight Activity Report – November 2016: The Oversight Activity Report for the month of November 2016 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 272 cases were closed in comparison to 194 cases being assigned. At the close of the month, there were 834 active oversight cases and 520 overdue investigation reports. The backlog of overdue investigation reports decreased during the month despite an increase in abuse reports. • 12. New Business • 13. Legal Activity Report – November 2016: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for November 2016 was distributed. The Legal Unit received 10 petitions and completed 13 petitions and 102 records requests during the month. There are 286 Petitions pending review. There has been a 60% decrease in the number of petitions; the number is now below 100. The next Commissioners’ meeting is scheduled for January 26, 2017 at 4:30 p.m. Adjournment: MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 5:00 p.m., Commissioner Lorick-Wilmot seconded. Unanimous to adjourn the meeting at 5:00 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes January 26, 2017 Commissioners Present: Honorable James Brett and Yndia Lorick-Wilmot Ph.D.; Maurice Medoff participated by telephone for medical purposes Staff Present: Nancy A. Alterio, Executive Director and Julie Westwater, General Counsel Minutes Recorded By: Nancy A. Alterio Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • Commissioners’ Agenda of January 26, 2017 Commissioners’ Meeting Minutes of December 8, 2016 Governor’s Budget Recommendation Released January 25, 2017 Budget Summary and Narrative Report December 2016 Resumes for Clerk Positions HRD 2016 Management Evaluation Program – Final Review Stage Implementation Summary of House Docket 2324 and Senate Docket 1248 Sample Letter to Legislators in Support of Co-Sponsoring DPPC’s Bill MOU with Pathways to Change and DPPC 2017 ACL Learning Collaborative Announcement Quarterly Activity Report – October, November, December 2016 Hotline Activity Report – December 2016 Oversight Activity Report – December 2016 Legal Activity Report – December 2016 The Honorable Chairperson Brett called the meeting to order at 4:00 p.m. 1. Public Participation (5 minutes per participant) There was no public participation. 2. Approval of Minutes of Meeting of December 8, 2016 MOTION: VOTE: 3. To accept minutes of December 16, 2016 as received motioned by Commissioner Medoff and seconded by Chairperson Brett Unanimous to accept the minutes of December 16, 2016 as received Administration and Finance • Governor’s Budget Release: The Governor released his budget recommendation on January 25, 2017. Governor Baker recommended $3,131,354 in funding for the DPPC which would allow DPPC to sustain staffing into FY18 with one exception; funding does not include cost of living increases for bargaining unit staff as a new contract has not yet been ratified and cost are unknown at this point. 4. 5. • Joint Ways and Means FY2018 Budget Package – February 1, 2017: The Joint Ways and Means packages are due February 1st. DPPC’s narrative will be consistent with the narrative sent to ANF back in September highlighting DPPC’s milestones, needs and suggestions for expansion. • Monthly Budget Summary and Narrative Report December 2016: The Monthly Budget Summary Report along with a narrative for December 2016 was submitted to the Commissioners for their review and comments. DPPC spent 50% out of 50% of its budget during the first six months of the fiscal year. Personnel • New Hires: DPPC hired one full-time and one part-time clerk to assist with receptionist duties, record retention and outreach and training. Several years ago DPPC was forced to lay-off its receptionist. Since that time, five staff have been rotating their time answering the phones, processing the mail, printing and collating training materials and other miscellaneous responsibilities. The two positions were posted and interviews were conducted. DPPC received over 200 applications. DPPC was able to offer the part-time position of three days per week to an individual who initially interned with DPPC through the Massachusetts Commission for the Blind. DPPC offered the full-time position to the Project Coordinator with the Building Partnerships Initiative. Resumes of the two individuals were provided to the Commissioners. Both individuals will be starting on Monday, February 6, 2017. • 2016 Management Performance Evaluation Program – Merit Increase: HRD announced the FFY16 Final Review Stage for the Management Performance Evaluation Program. A copy of the memo was provided to the Commissioners. Managers who meet certain eligibility requirements are eligible for a merit increase of 1.5%. Managers who receive a rating of Exceptional are eligible for a bonus of $500 - $1,000 and/or one to two days off. Managers who receive a rating of Highly Effective are eligible for a bonus of one to two days off. Agency Heads are not eligible to participate in the merit pay program and receive a merit increase or bonus. Statutory Amendments • Summary of House Docket 2324 and Senate Docket 1248: DPPC General Counsel Julie Westwater informed the Commissioners that DPPC’s bill, An Act updating terminology and investigative practices related to the protection of persons with disabilities, has been filed. The bill was concurrently filed on DPPC’s behalf in the House and Senate by Representative Sean Garballey (House Docket 2324) and Senator John Keenan (Senate Docket 1248), respectively. A one-page handout highlighting the changes was presented to the Commissioners. Attorney Westwater provided a summary of the key provisions of the bill, which are designed to improve the DPPC’s operations and enhance the protections of persons with disabilities in the Commonwealth. • 6. Seeking Co-Sponsors: To maximize the chances for passage of the bill, co-sponsors are being sought to sign on to S.1248 and H.2324. DPPC Executive Director sent a letter to all respective House and Senate members requesting that they co-sponsor DPPC’s pending legislation. The deadline for co-sponsoring House bills is February 3, 2017. At this time, we don’t know the deadline for co-sponsoring Senate bills. CAC of Bristol County Annual Legislative Breakfast DPPC Executive Director Alterio accepted an offer to speak at the CAC of Bristol County Legislative Breakfast scheduled for tomorrow morning, Friday, January 27, 2017. The breakfast has always highlighted the work of the Bristol CAC and need for ongoing funding. This year, the theme is routed in the value of CAC’s and its multidisciplinary partnerships. The Executive Director was asked to speak about DPPC’s pending legislation in addition to highlighting the collaborative work between DPPC and the Bristol CAC in responding to sexual assaults against victims with intellectual/developmental disabilities. The Commissioner of DCF, who is the CAC’s primary referral source, is also presenting. 7. MOU with Pathways for Change DPPC signed on to an MOU with Pathways for Change, a not-for-profit charitable corporation, to establish a collaborative working agreement to ensure sexual assault victims with intellectual/developmental disabilities have access to counseling related activities. A copy of the MOU was distributed to the Commissioners. 8. EOPSS Invite to Serve on VAWA Advisory Committee The Executive Office of Public Safety and Security (EOPSS) invited the DPPC Executive Director to join their Violence Against Women Act (VAWA) Advisory Committee. This Committee, which is required by federal law, is comprised of various stakeholders within domestic and sexual violence service providers, law enforcement, prosecution and the judicial systems throughout the Commonwealth. The purpose of the Committee is to assist EOPSS with the multi-year (2017-2020) implementation planning process for their competitive federal grant application due this spring. This implementation plan will outline the ways that Massachusetts will use grant funding to enhance responses to victims of sexual assault, domestic violence, dating violence and stalking as in accordance with federal priority areas. As a member of this Committee, the DPPC Executive Director will be able to provide insight and recommendations for EOPSS implementation plan prior to its final submission to the Office of Violence Against Women working to ensure consideration of sexual assault and domestic victims of disabilities. 9. ACL Updates • Learning Collaborative Webinar on Communication Strategies: DPPC is hosting its first ACL Learning Collaborative, a lunchtime webinar, entitled Communication Strategies for Staff Working with Persons who have an Intellectual/Developmental Disability to be held on February 16, 2017. Tom Hall, Assistant Vice President for Clinical Services at Riverside Community Care, is the primary presenter. • 10. Guidelines for Rape Crisis Centers: The drafted Guidelines for Rape Crisis Centers (RCCs) have been drafted and are being distributed to the sixteen RCCs throughout the Commonwealth for feedback. MOVA Request for Grant Applications The Massachusetts Office for Victim Assistance (MOVA), Victims of Crime Act (VOCA), released a grant application titled, Services for Survivors who are Deaf and Hard of Hearing and Survivors with Disabilities (“SDHHD”), to help ensure that sexual assault victims with disabilities have full and equal access to all available trauma-related services. MOVA is making available two million dollars, over two years, to eligible applicants with a possible option to renew for a subsequent two years. The DPPC anticipates applying for the funding to expand on the initial work which created the coordinated infrastructure required to provide persons with disabilities better access to critical trauma informed resources. The MOVA grant proposal continues this work with the creation of a Sexual Assault Response Unit comprised of Protective Service Navigators and Peer Support Persons which will connect victims of sexual assault with disabilities to the same resources available to other victims of sexual assault. The Protective Service Navigators will offer individualized supports to sexual assault victims with disabilities to ascertain what, if any trauma-related services, the victim may want or need and support that individual in obtaining services. Improving access to services for persons with disabilities also means improving access to long-term mental health treatment for all persons with disabilities, particularly persons with I/DD. The VOCA funds, if awarded, will be used to continue to address the barriers often experienced by individuals with disabilities in accessing trauma services including awareness of existing services and also the development and maintenance of a statewide list of specialized practitioners who can provide critical long-term mental health services to sexual assault victims with disabilities. However, as the VOCA funds are cost reimbursement and this is a very sizable budget, DPPC needs to determine if this funding stream is optional for the agency or not. DPPC’s Budget Director is conferring with the Comptroller’s Office. 11. Quarterly and Monthly Reports • Quarterly Report: The quarterly report covering October, November, December 2016 was distributed for review. • Hotline Activity Report – December 2016: The Hotline Activity Report for the month of December 2016 was distributed and reviewed. The Commission received 931 abuse reports during the month of December of 2016. In addition to the abuse reports, the Hotline received 561 information and referral calls and 66 death reports, a combined total of 1,558 calls to the Hotline in December 2016. • Oversight Activity Report – December 2016: The Oversight Activity Report for the month of December 2016 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 184 cases were closed in comparison to 205 cases being assigned. At the close of the month, there were 851 active oversight cases and 484 overdue investigation reports. The backlog of overdue investigation reports decreased during the month despite an increase in abuse reports. • 12. Legal Activity Report – December 2016: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for December 2016 was distributed. The Legal Unit received 6 petitions and completed 12 petitions and 66 records requests during the month. There are 285 Petitions pending review. Statement of Financial Interests The Commissioners were reminded that their Statement of Financial Interests will be due to State Ethics around May 1, 2017. The forms cannot be completed until State Ethics provides the Commissioners with their individual password. 13. New Business The next Commissioners’ meeting is scheduled for March 9, 2017 at 4:30 p.m. Additional meetings will need to be scheduled at the March 9th meeting. 14. Adjournment MOTION: VOTE: Commissioner Lorick-Wilmot motioned to adjourn the meeting at 5:30 p.m., Medoff Commissioner seconded. Unanimous to adjourn the meeting at 5:30 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes March 9, 2017 Commissioners Present: Honorable James Brett, Yndia Lorick-Wilmot Ph.D. and Maurice Medoff Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director and Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • Commissioners’ Agenda of March 9, 2017 Commissioners’ Meeting Minutes of January 26, 2016 Budget Summary and Narrative Report February 2017 FY2018 Joint Committee on Ways and Means Maintenance Plan Narrative Joint Committee on Ways and Means FY2018 Budget Hearings Schedule Senator Barrett’s Budget Request DPPC Budget Brief House Bill 1958 with Co-Sponsors List of Senate Co-Sponsors for Senate Bill 52 Summary of House Bill 1958 and Senate Bill 52 MOU with Health Imperatives and DPPC Hotline Activity Report – February 2016 Oversight Activity Report – February 2016 Legal Activity Report – February 2016 DPPC Annual Report FY2016 The Honorable Chairperson Brett called the meeting to order at 4:00 p.m. 1. Approval of Minutes of Meeting of January 26, 2017 MOTION: VOTE: 2. To accept minutes of January 26, 2017 as received motioned by Commissioner Lorick-Wilmot and seconded by Commissioner Medoff Unanimous to accept the minutes of January 26, 2017 as received Scheduling Additional Commissioners’ Meetings The Commissioners scheduled the remaining meetings for FY2017 which will be posted accordingly. • Wednesday, April 26, 2017 from 4:30 – 6:30 p.m. • Thursday, May 25, 2017 from 4:30 – 6:30 p.m. • Thursday, June 22, 2017 from 4:30 – 6:30 p.m. 3. 4. Administration and Finance • Monthly Budget Summary and Narrative Report February 2017: The Monthly Budget Summary Report along with a narrative for February 2017 was submitted to the Commissioners for their review and comments. DPPC is on budget and has expended 66% of its budget through the eighth month of the fiscal year. • Joint Ways and Means FY2018 Budget Package – February 1, 2017: The Joint Ways and Means package was completed and submitted accordingly. The Executive Director’s narrative, which accompanied the package, highlighted DPPC’s milestones, needs and suggestions for expansion. A copy of the narrative was provided to the Commissioners. • Ways and Means Hearing Schedule – March 20, 2017: The Joint Committee on Ways and Means released their budget hearing schedule. DPPC Executive Director is scheduled to testify on behalf of the agency’s budget on March 20, 2017 in Worcester. Unlike most previous years, DPPC is not scheduled with EOHHS agencies such as DDS, MRC, DCF and MCDHH but instead is scheduled with Public Safety. • Senator Barrett’s Budget and Brief Request: Senator Barrett is seeking an additional one million in funding for the DPPC. An increase of one million would enable DPPC to hire about 13 additional staff including investigators, oversight officers and hotline operators. As requested, DPPC provided Senator Barrett with a budget detailing the additional expenditures with a million dollar increase along with a revised copy of the DPPC Budget Brief. Statutory Amendments House Bill 1958, Senate Bill 52 and Co-Sponsors: DPPC’s bill, An Act updating terminology and investigative practices related to the protection of persons with disabilities, has been filed. The bill was concurrently filed on DPPC’s behalf in the House and Senate by Representative Sean Garballey (House Bill 1958) and Senator John Keenan (Senate Bill 52) respectively. The key provisions of the bill are designed to improve the DPPC’s operations and enhance the protections of persons with disabilities in the Commonwealth. The Commissioners were provided with a copy of the House Bill which includes the list of sponsors along with the list of Senate sponsors. A brief summary of the Bill, highlighting the major changes, was also distributed to the Commissioners. The bill is with the Joint Committee on Children, Families and Person with Disabilities. 5. New House and Senate Members reception – April 5, 2017 Representative Sean Garballey is organizing a reception at the State House for the DPPC to meet with new House and Senate members. However, the event will be opened to all members interested in attending. This is an opportunity for the new and seasoned members to learn about the DPPC including its milestones, challenges and needs. The reception is scheduled to be held on April 5, 2017 in the House Member’s Lounge from 11:00 a.m. to noon. 6. Personnel • EPRS – Stage B: Stage B is the six month review for the year to determine if staff are on track to complete their assigned goals. Stage B reviews for Jennifer EdwardsHawkins and Susan Love were completed by the Executive Director and presented to the Commissioners for review and signature. MOTION: VOTE: • 7. To accept ratings for six month review as presented motioned by Commissioner Lorick-Wilmot and seconded by Chairperson Brett Unanimous to accept ratings for six month review as presented 2016 Management Performance Evaluation Program – Approved: Executive Director Alterio informed the Commissioners that HRD has approved a merit increase of 1.5% for managers who met certain eligibility requirements. Agency Heads are not eligible to participate in the merit pay program at this time. MOU with Health Imperatives Health Imperatives has reached out to DPPC, along with numerous other agencies, to sign onto a Memorandum of Understanding in support of enhancing the Plymouth County Sexual Assault Response Team (SART). DPPC has been an active member of the Plymouth County SART for years. A copy of the MOU and list of participating agencies were provided to the Commissioners. 8. ACL Updates • Learning Collaborative/Technical Assistance o Webinar on Communication Strategies: DPPC hosted its first statewide ACL Learning Collaborative, a lunchtime webinar, entitled Communication Strategies for Staff Working with Persons who have an Intellectual/Developmental Disability on February 16, 2017. The 275 attendees of the fall ACL regional trainings were invited to join the webinar; with over 80 participants attending the webinar. Tom Hall, Assistant Vice President for Clinical Services at Riverside Community Care, presented on “The things they never taught me in school, but I now know after more than 25 years working with individuals with intellectual and developmental disabilities.” Tom also provided information regarding different types of communication disorders, augmentative communication strategies, and the role of learning and memory o Meeting with RCC Clinical Supervisors – March 23, 2017: ACL Project Coordinator and ACL Co-Directors attended a statewide mandatory meeting of RCC Clinical Supervisors and/or Executive Directors on March 23, 2017 to obtain and discuss additional feedback on the drafted Guidelines and the sample forms and sample procedures contained within the Guidelines. o Webinar on Consent and Persons with I/DD – April 27, 2017: The ACL project is scheduled to host its second statewide webinar on April 27, 2017, titled, “Sexual Decision-making among Adults with Intellectual and Developmental Disabilities”. Pat Carney, Trainer for the Massachusetts Department of Developmental Services, is the primary speaker. This webinar again is intended for the professions included in the ACL project: DDS, RCC, A&A, DPPC and other agency staff. Following the April webinars, four regional, in person multidisciplinary Learning Collaborative sessions are being scheduled for the month of May 2017. Each of the four regional discussion sessions will be hosted by an RCC in one of the four regions. Participation at each regional Learning Collaborative will be limited to approximately 20-25 people per region. Joanna Bridger, Clinical Services Director at Riverside Trauma Center, will moderate the lunchtime multidisciplinary discussions. • 9. Guidelines for Rape Crisis Centers: The drafted Guidelines for Rape Crisis Centers (RCCs) were distributed to the sixteen RCCs throughout the Commonwealth for review and feedback provided by March 22, 2017. The feedback received will be reviewed and the Guidelines will be amended accordingly. The Guidelines will be submitted to ACL for final approval along with the third semi-annual report in April. MOVA Request for Grant Applications – March 22, 2017 The Massachusetts Office for Victim Assistance (MOVA), Victims of Crime Act (VOCA), released a grant application titled, Services for Survivors who are Deaf and Hard of Hearing and Survivors with Disabilities (“SDHHD”), to help ensure that sexual assault victims with disabilities have full and equal access to all available trauma-related services. MOVA is making available two million dollars, over two years, to eligible applicants with a possible option to renew for a subsequent two years. DPPC applied for a $2 million grant to expand on the initial work which created the coordinated infrastructure required to provide persons with disabilities better access to critical trauma informed resources. The MOVA grant proposal continues this work with the creation of a Sexual Assault Response Unit comprised of Protective Service Navigators and Peer Support Persons which will connect victims of sexual assault with disabilities to the same resources available to other victims of sexual assault. The Protective Service Navigators will offer individualized supports to sexual assault victims with disabilities to ascertain what, if any trauma-related services, the victim may want or need and support that individual in obtaining services. Improving access to services for persons with disabilities also means improving access to long-term mental health treatment for all persons with disabilities, particularly persons with I/DD. In support of the application, all 16 Rape Crisis Centers and Victim Rights Law Center signed onto an MOU with the DPPC. In addition DPPC received letters of support from DDS, SANE and DPH. A MOVA Board meeting is scheduled for March 22, 2017 to determine which applicants will be awarded grants. The VOCA funds, if awarded, will be used to continue to address the barriers often experienced by individuals with disabilities in accessing trauma services including awareness of existing services and also the development and maintenance of a statewide list of specialized practitioners who can provide critical longterm mental health services to sexual assault victims with disabilities. 10. NAPSA • Abuse Registry Committee Update: The NAPSA Ad-Hoc Abuse Registry Committee is still collecting data from across the country on abuse registries. Surveys were sent out to the 20 states that identified as having a registry. More than half of the states have completed the electronic survey. Follow-up phone interviews are also being conducted for states that do complete the survey to gather even more detail. A national webinar is scheduled for May to begin to highlight the committee’s findings. The full report is scheduled for completion in late summer/early fall. • 11. 12. Conference: The 28th Annual NAPSA conference is being held at the Hilton City Center, Milwaukee, WI on August 28 – 30, 2017. DPPC/BPI have submitted three proposals to present which include the: o ACL project, o Investigating and prosecuting crimes committed against persons with disabilities, and o Awareness &Action training. Building Partnerships Initiative Updates • APS In-Service – April 4, 2017: The all-day, mandatory statewide APS in-service, is scheduled for April 4, 2017 at UMass Medical School, Shrewsbury. A parent of a son with a disability, who was physically abused, is scheduled to speak during the morning session. • Protect, Report, Preserve (PRP) Trainings – May 2, 2017: The half-day training, designed to educate staff to effectively recognize, report and respond to abuses committed against persons with disabilities, will be held at the Radisson Hotel and Suites, Chelmsford, MA on May 2, 2017 from 9:00 a.m. – 12:30 p.m. An additional PRP training is being planned for western Massachusetts. • Tier I Trainings – June 8, 2017: An all-day Tier I training, tailored for law enforcement including local and state police and assistant district attorneys along with APS staff, SANE and victim witness advocates, is being held in partnership with the Worcester District Attorney’s Office at Anna Maria College on June 8, 2017. The training will highlight the need to utilize a multidisciplinary investigation, the updates in the MOU, the roles of the various team members and communicating with persons with disabilities. Annual and Monthly Reports : Commissioners received copies of the following reports: • Hotline Activity Report – February 2017: The Hotline Activity Report for the month of February 2017 was distributed and reviewed. The Commission received 819 abuse reports during the month of February 2017. In addition to the abuse reports, the Hotline received 463 information and referral calls and 96 death reports, a combined total of 1,378 calls to the Hotline in February 2017. • Oversight Activity Report – February 2017: The Oversight Activity Report for the month of February 2017 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 212 cases were closed in comparison to 179 cases being assigned. At the close of the month, there were 773 active oversight cases and 421 overdue investigation reports. 13. • Legal Activity Report – February 2017: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for February 2017 was distributed. The Legal Unit received 7 petitions and completed 2 petitions and 74 records requests during the month. There are 94 Petitions pending review. • Annual Report FY2016: The Commissioners reviewed a copy of the DPPC’s Annual Report for FY2016. Statement of Financial Interests The Commissioners were reminded that their Statement of Financial Interests will be due to State Ethics on or about May 1, 2017. The forms cannot be completed until State Ethics provides the Commissioners with their individual password. The Commissioners will receive an email along with their password from State Ethics. 14. New Business Executive Director Alterio reported that the Executive Office of Elder Affairs (EOEA) reached out to DPPC to discuss the feasibility of central reporting. Discussions are ongoing. Deputy Executive Director DeRiggi reported that DPPC is part of an Interagency Working Group on Residential Schools through the Office of the Child Advocate (OCA). For the past year, the OCA has led an Interagency Working Group comprised of representatives from the state agencies responsible for the oversight of residential schools including the Department of Early Education and Care (EEC), the Department of Elementary and Secondary Education (ESE), the Department of Children and Families (DCF), the Department of Mental Health (DMH), and the Disabled Persons Protection Commission (DPPC). The working group is looking to prevent harm to children by more effectively identifying programs at risk of experiencing operational challenges, and how to provide appropriate support and technical assistance to these programs to ensure their safe operation. A report is being prepared by the working group and will provide a series of recommendations to improve the oversight of services to children in residential schools. The next Commissioners’ meeting is scheduled for Wednesday, April 26, 2017 from 4:30 – 6:30 p.m. 15. Adjournment MOTION: VOTE: Commissioner Lorick-Wilmot motioned to adjourn the meeting at 6:02 p.m., Commissioner Medoff seconded. Unanimous to adjourn the meeting at 6:02 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes April 26, 2017 Commissioners Present: Honorable James Brett, Yndia Lorick-Wilmot Ph.D. and Maurice Medoff Staff Present: Nancy A. Alterio, Executive Director and Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • • • • Commissioners’ Agenda of April 26, 2017 Commissioners’ Meeting Minutes of March 9, 2017 Budget Summary and Narrative Report March 2017 DPPC FY2018 Written Testimony to Joint Committee on Ways and Means DPPC Budget Brief FY2018 House Ways and Means FY2018 Budget Recommendation HRD 2017 Management Performance Evaluation Program Memo 2017 ACES Forms - Nancy Alterio, Emil DeRiggi, Julie Westwater and John Brown MOVA Letter to DPPC re. Notification of Award Negotiations DPPC ACL Third Bi-Annual Report, October 2016 – March 2017 OCA Interagency Working Group on Residential Schools Report April 2017 DPPC Statewide APS In-Service Training Agenda of April 4, 2017 Protect, Report, Preserve Training Flyer for May 2, 2017 and May 8, 2017 NAPSA Northeast I States MOU Hotline Activity Report – March 2017 Oversight Activity Report – March 2017 Legal Activity Report – March 2017 DPPC Quarterly Report - January, February, March 2017 The Honorable Chairperson Brett called the meeting to order at 4:00 p.m. 1. Approval of Minutes of Meeting of March 9, 2017 MOTION: VOTE: 2. To accept minutes of March 9, 2017 as received motioned by Commissioner Medoff and seconded by Commissioner Lorick-Wilmot Unanimous to accept the minutes of March 9, 2017 as received Administration and Finance • Monthly Budget Summary and Narrative Report March 2017: The Monthly Budget Summary Report along with a narrative for March 2017 was submitted to the Commissioners for their review and comments. DPPC is on budget and has expended 74% of its budget through the ninth month of the fiscal year. 3. • Ways and Means Hearing – March 20, 2017: DPPC Executive Director provided oral and written testimony on behalf of the agency’s budget on March 20, 2017 in Worcester to member of the Joint Committee on Ways and Means. Unlike most previous years, DPPC was not scheduled to present along side of EOHHS agencies such as DDS, MRC, DCF and MCDHH but instead was scheduled with Public Safety. A copy of the Executive Director’s written testimony and FY2018 Budget Brief were distributed to the Ways and Means members at the hearing and subsequently emailed to all the committee members. Copies were provided to the Commissioners for review. • Reception with House and Senate Members – April 5, 2017: Representative Sean Garballey organized a reception at the State House for the DPPC to meet with new House and Senate members. The event was also opened to all members interested in attending. This was an opportunity for DPPC to meet face to face with new and seasoned members and for legislators to learn about the DPPC including its milestones, challenges and needs. Representative Garballey, Representative Khan and Executive Director Alterio briefly talked about the work and budget challenges of the DPPC, in addition to Attorney Levrault highlighting DPPC’s pending legislation. • House Ways and Means Budget recommendation – April 10, 2017: HWMs released their budget recommendation on April 10th and recommended $3,231,654 which is an additional $100,000 over H1 for the DPPC. This recommendation not only allows DPPC to maintain, but also would enable DPPC to hire an additional position in FY18. • Representative Garballey Seeks Budget Amendment: Given DPPC’s high caseloads and ever increasing hotline calls, Representative Garballey sponsored an amendment to the House Ways and Means budget recommendation to increase the DPPC’s line item by $250,000. Unfortunately the amendment was tied to the wrong appropriation number as it was linked to DPPC’s ACL budget and as a result complicated matters with its passage. The amendment did not pass however DPPC is extremely grateful for Representative Garballey’s ongoing advocacy and support. Personnel • ACES – Stage A: Managers are reviewed on the federal fiscal year that runs from October 1st to September 30th. During the DPPC All Staff meeting in September 2016, DPPC developed its annual strategic plan and formulated agency and management objectives. HRD most recently released and distributed the revised ACES form with instructions for agencies to begin the planning stage for managers. The goals/objectives DPPC created back in September 2016 were inputted into HRD’s newly revised digital ACES form. ACES Planning Stage forms for Nancy Alterio, John Brown, Emil DeRiggi and Julie Westwater were presented to the Commissioners for review and signature. Executive Director highlighted the objectives that the managers are currently working on and that were copied into the ACES form including revising policies and procedures, pursuing passage of DPPC’s bill to amend its enabling statute, implementation of the ACL project, revising the investigation report and intake database, implementation the changes of the public records law in addition to other objectives. Progress review stage will be due July 3 through July 21 with final review will be due October 2 through October 27, 2017. MOTION: VOTE: 4. 5. To approve ACES Planning Stage as presented motioned by Commissioner Medoff and seconded by Chairperson Brett Unanimous to approve ACES Planning Stage as presented MOVA • Request for Grant Applications – Award Notification: DPPC received a letter from MOVA dated March 24th confirming the Victim and Witness Assistance Board has approved DPPC’ application to the Services for Survivors who are Deaf or Hard of Hearing and Survivors with Disabilities (SDHHD). As part of the contracting process, DPPC staff met with MOVA management on April 10, 2017 to discuss funding details. DPPC applied for $2 million and was awarded $1.3 million over two years. The MOVA grant will enable DPPC to create a Sexual Assault Response Unit comprised of Protective Service Navigators and Peer Support Persons which will connect victims of sexual assault with disabilities to the same resources available to other victims of sexual assault. The Protective Service Navigators will offer individualized supports to sexual assault victims with disabilities to ascertain what, if any trauma-related services, the victim may want or need and support that individual in obtaining services. Improving access to services for persons with disabilities also means improving access to long-term mental health treatment for all persons with disabilities, particularly persons with I/DD. DPPC also hopes to be able to use the funds to address the barriers often experienced by individuals in ascertaining an experienced therapist who can provide critical long-term mental health services to sexual assault victims with disabilities. Discussions are underway with MOVA to determine if funds can be used for DPPC to procure a referral service to provide intake, screening, assessment, placement, follow-up and case consultation to match sexual assault victims with disabilities to appropriate therapist. The vendor agency would have to modify its intake process, build its infrastructure, maintain the list of therapists, provide clinical match of person with I/DD with therapist. This would probably cost about $200,000 over a two year period. There is available space in the building for the grant staff DPPC hires and the increased rental cost was factored into the grant application. DCAM has already visited the space as they handle negotiations with the landlord. Executive Director Alterio is also in discussions with MOVA about planning a formal announcement of the award. The Commissioners will be notified of any planned events. • Conference: The MOVA Conference was held on April 19, 2017 at the Seaport Hotel and Conference Center in Boston. There were over 400 people in attendance. Patty Quatieri, self-advocate and MASS employee, received an award for her work in victim services. Two workshops were provided on the ACL project and A&A training with approximately 150 people in attendance between the two trainings. DPPC Advisory Council – June 22, 2017 DPPC Advisory Council will attend the Commissioners’ meeting of June 22nd to meet with the Commissioners and welcome DPPC’s new Chair, the Honorable James Brett. 6. Office of Child Advocate Residential Schools Report DPPC is part of an Interagency Working Group on Residential Schools through the Office of the Child Advocate (OCA). The working group was looking to prevent harm to children by more effectively identifying programs at risk of experiencing operational challenges, and how to provide appropriate support and technical assistance to these programs to ensure their safe operation. A report was completed by the working group which provides a series of recommendations to improve the oversight of services to children in residential schools and address systemic challenges. The Commissioners were provided with a copy of the Executive Summary. 7. ACL Updates • Learning Collaborative/Technical Assistance o Webinar on Consent and Persons with I/DD – April 27, 2017: The ACL project is scheduled to host its second statewide webinar, titled “Sexual Decision-making among Adults with Intellectual and Developmental Disabilities”. Pat Carney, Trainer for the Massachusetts Department of Developmental Services, is the primary speaker. The webinar will be recorded for people to view who were unable to participate in the live event. This webinar is intended for the professions included in the ACL project: DDS, RCC, A&A, DPPC and other agency staff. A registration link will be emailed to the Commissioners. o Four regional, in person multidisciplinary Learning Collaborative sessions are being scheduled for the month of May 2017. Each of the four regional discussion sessions will be hosted by an RCC in one of the four regions. Participation at each regional Learning Collaborative will be limited to approximately 20-25 people per region. Joanna Bridger, Clinical Services Director at Riverside Trauma Center, will moderate the lunchtime multidisciplinary discussions. The following four regional meetings have been scheduled:     • 8. May 10, 2017 from 11:30-1:30 at Western Region, YWCA May 11, 2017 from 11:30-1:30 at Greater Boston Region, Boston Area Rape Crisis Center May 17, 2017 from 11:30-1:30 at Northeast region, Center for Hope and Healing May 25, 2017 from 11:30-1:30 at Southeast Region, Independence House Third Semi-Annual Report and Guidelines for Rape Crisis Centers: The Third ACL Semi-Annual Report and RCC Guidelines will be submitted to ACL by the deadline of Friday, April 28, 2017. The Commissioners received a copy of the third ACL semi-annual report for review. The final ACL report is due at the end of October. Building Partnerships Initiative Updates • APS In-Service – April 4, 2017: The all-day, mandatory statewide APS in-service, took place on April 4, 2017 at UMass Medical School, Shrewsbury. During the morning session, the parent of a son with a disability who was physically abused talked about the case and how it affected the family. There were approximately 100 staff from the four agencies in attendance. 9. • Protect, Report, Preserve (PRP) Trainings – May 2, 2017 and May 8, 2017: PRP is a half-day training, designed to educate staff to effectively recognize, report and respond to abuses committed against persons with disabilities. The trainings will be held at the Radisson Hotel and Suites, Chelmsford, MA on May 2, 2017 and at Baystate Whitney Conference Center, Holyoke on May 8, 2017. Hampden District Attorney Anthony Gulluni will open the training in Holyoke. • Tier I Trainings – June 8, 2017: An all-day Tier I training, tailored for law enforcement including local and state police and assistant district attorneys along with APS staff, SANE and victim witness advocates, is being held in partnership with the Worcester District Attorney’s Office at Anna Maria College on June 8, 2017. The training will highlight the need to utilize a multidisciplinary investigation, the updates in the MOU, the roles of the various team members and communicating with persons with disabilities. NAPSA • 10. Northeast I MOU: The Commissioners received a copy of the finalized Northeast I Memorandum of Understanding (MOU) which was signed by the respective administrators of the Adult Protective Service agencies in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. Quarterly and Monthly Reports : The Commissioners received copies of the following reports: • Hotline Activity Report – March 2017: The Hotline Activity Report for the month of March 2017 was distributed and reviewed. The Commission received 880 abuse reports during the month of March 2017. In addition to the abuse reports, the Hotline received 381 information and referral calls and 103 death reports, a combined total of 1,364 calls to the Hotline in March 2017. • Oversight Activity Report – March 2017: The Oversight Activity Report for the month of March 2017 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 209 cases were closed in comparison to 181 cases being assigned. At the close of the month, there were 713 active oversight cases and 399 overdue investigation reports. • Legal Activity Report – March 2017: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for March 2017 was distributed. The Legal Unit received 5 petitions and completed 18 petitions and 57 records requests during the month. There are 86 Petitions pending review. • 11. 12. Quarterly Report January, February, March 2017: The Commissioners were provided with and reviewed a copy of the DPPC’s Quarterly Report for period covering January, February and March 2017. New Business • Executive Director Alterio met with DPH and Trial Court personnel on March 23rd to begin discussions on designing training for judges and court personnel on working with victims with disabilities. The Trial Court has developed online PowerPoint modules to address other training matters and it is the hope that one will be developed to address working with persons with disabilities. • The Commissioners discussed recognizing Representative Sean Garballey for all his advocacy and support of DPPC. The Executive Director will invite Representative Garballey to the next Commissioners’ meeting to be formally recognized for all his work and commitment on behalf of victims with disabilities. • It was suggested adding a case scenario on financial abuse to the DPPC Budget brief. Although DPPC has no authority to investigate financial abuse, it still receives hundreds of reports of financial abuse and, due to the passing of the Real Lives Bill, the number of financial abuse reports is increasing. Although DPPC has no authority to investigate financial abuse, the SPDU, housed at DPPC, do investigate financial abuse reports. A financial abuse case will be added to DPPC’s budget brief. • A reminder, the next Commissioners’ meeting is scheduled for Thursday, May 25, 2017 from 4:30 – 6:30 p.m. Adjournment MOTION: VOTE: Commissioner Lorick-Wilmot motioned to adjourn the meeting at 6:11 p.m., Commissioner Medoff seconded. Unanimous to adjourn the meeting at 6:11 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes June 28, 2017 Commissioners Present: Honorable James Brett and Maurice Medoff Commissioners Absent: Yndia Lorick-Wilmot Ph.D. Staff Present: Nancy A. Alterio, Executive Director Minutes Recorded By: Nancy Alterio Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • Commissioners’ Agenda of June 28, 2017 Commissioners’ Meeting Minutes of April 26, 2017 Budget Summary and Narrative Report May 2017 Press Release: Barrett targets abuse and neglect DPPC Acknowledgement to Senate for Filing and Passing Budget Amendment DPPC letter to Senate/House Seeking Support of Senate Budget Recommendation List of FY2018 Budget Recommendations and Amendments 2017 ACES Form for Emil DeRiggi 2017 ACES Form for Julie H. Westwater 2017 ACES Form for John W. Brown 2017 ACES Form for Nancy A. Alterio Hotline Activity Report – May 2017 Oversight Activity Report – May 2017 Legal Activity Report – May 2017 The Honorable Chairperson Brett called the meeting to order at 4:30 p.m. 1. Recognition of Department of Developmental Services Commissioner Elin Howe Chairperson Brett, Commissioner Medoff, Executive Director Alterio and DPPC staff recognized Commissioner Howe for her ten years of dedicated service to the Department of Developmental Services. Commissioner Howe is retiring effective July 14, 2017. 2. DPPC Advisory Council – Meet and Greet Members of the DPPC Advisory Council were scheduled to meet with the Commissioners at the meeting previously set for June 22nd. As the June 22nd meeting was rescheduled for today, June 28, 2017, the Advisory Council members were not available but will plan on attending a future Commissioners’ meeting. 3. Approval of Minutes of Meeting of April 26, 2017 MOTION: To accept minutes of April 26, 2017 as received motioned by Commissioner Medoff and seconded by Chairman Brett VOTE: 4. Unanimous to accept the minutes of April 26, 2017 as received Commissioners Meeting Schedule The Commissioners scheduled the following additional meetings: • • • September 7, 2017 November 16, 2017 December 14, 2017 Meetings are scheduled to begin at 4:30 p.m. and will be posted accordingly. The Advisory Council will be notified of the new schedule. 5. 6. Administration and Finance • Monthly Budget Summary and Narrative Report May 2017: The Monthly Budget Summary Report along with a narrative for May 2017 was submitted to the Commissioners for their review and comments. DPPC is on budget and has expended 90% of its budget through the eleventh month of the fiscal year. • Budget Recommendations and Senator Barrett Budget Amendment: On May 16th Senate Ways and Means (SWMs) released their budget recommendation supporting maintenance funding for DPPC in the amount of $3,181,655. Senator Barrett filed an amendment to support a budget increase of $200,000 for the DPPC. Senator Barrett’s amendment passed in part – by $100,000 increasing SWMs recommendation to $3,281,655. Senator Barrett released a press release highlighting DPPC’s amended budget. A copy of the press release was provided to the Commissioners. A thank you letter from the DPPC was sent to Senator Barrett and Senate Ways and Means members acknowledging their support of the amendment. • Conference Committee: Three members of the House and three members of the Senate make up the budget conference committee and are currently meeting to determine DPPC’s budget recommendation. DPPC has two numbers in conference, $3,231,654 in the House and $3,281,655 in the Senate. With the passage of the House number, DPPC would be able to hire an additional FTE. With the passage of the Senate number, DPPC would be able to hire two additional positions. A detailed list of the FY2018 budget recommendations and amendment was submitted to the Commissioners. ACES – Progress Review • ACES – Stage B: Managers are reviewed on the federal fiscal year that runs from October 1st to September 30th. During the DPPC All Staff meeting in September 2016, DPPC developed its annual strategic plan and formulated agency and management objectives which were incorporated into HRD’s revised digital ACES form. ACES Progress Stage forms for Nancy Alterio, John Brown, Emil DeRiggi and Julie Westwater were presented to the Commissioners for review and signature. Executive Director Alterio described the objectives and work being done towards revising policies and procedures, pursuing passage of DPPC’s bill to amend its enabling statute, implementation of the ACL project, revising the investigation report and intake/death database, implementation of the revised public records law in addition to other objectives. The Progress review stage is due July 3 through July 21 with final review due October 2 through October 27, 2017. All direct reports are on or above target with their respective objectives with each receiving an overall progress rating of “meets expectations” including Executive Director Alterio, Deputy Executive Director DeRiggi, General Counsel Westwater and Administration and Finance Director Brown. MOTION: VOTE: 7. To approve ACES Progress Stage ratings as presented motioned by Commissioner Medoff and seconded by Chairperson Brett Unanimous to approve ACES Progress Stage ratings as presented EPRS – Stage C FY17 and Stage A FY18 FY17Final Review Stage C: Executive Director Alterio reviewed staffs overall progress and end of year ratings with the Commissioners. Employees are given a rating of ‘Exceeds’, ‘Meets’ or ‘Below’ depending upon their overall performance. To obtain an overall rating of ‘exceeds’, the employee needs to work above and beyond expectations. A rating of ‘meets’ expectation is a good rating and equates to the employee completing their respective objectives. The completed EPRS forms of the Executive Director’s reporting staff were distributed to the Commissioner. The Commissioners reviewed and signed the forms as received. FY17 Goal Setting Stage A: In addition, the Commissioners received completed ERPS Stage A forms for the Executive Director’s direct reports for review and signature. The forms were signed and approved by the Commissioners. 8. MOVA Award Updates: The ISA has been signed by both DPPC and MOVA. DPPC is now waiting for the funds to be loaded at the Comptrollers. DPPC has posted the positions including Director, Protective Service Navigator Supervisor (PSNS), two Protective Services, Peer Support Coordinator and two Peer Support Persons. Interviews were conducted for the Director and the PSNS. Susan Vickers, who is currently overseeing DPPC’s ACL grant funded project, was offered and accepted the position of Director. Jaime Suvak has accepted the position of PSNS. John Brown is working with DCAM to secure office space within the building. After some discussion and consideration, it was determined that DPPC could use the VOCA funds to procure a referral service to provide intake, screening, assessment, placement, follow-up and case consultation to match sexual assault victims with disabilities to appropriate therapist. The vendor agency would have to modify its intake process, build its infrastructure, maintain the list of therapists and provide clinical match of persons with I/DD with therapist. The cost is about $200,000 over a two year period. An RFR has been drafted and will be posted on Combuys on July 3, 2017. 9. Adult Abuse Registry General Counsel Julie Westwater informed the Commissioners that DPPC Executive Director, Deputy Executive Director along with herself, met with Commissioner Howe and Arc Executive Director to discuss DPPC standing concerns of the Adult Abuse Registry bill on May 22, 2017. DDS and Arc recognized DPPC’s concerns and agreed the bill needs to be amended to address such areas as: • Clarifying DPPC decisions going to the Division of Administrative Law Appeals (DALA) versus DDS Hearing Officer; • Including DPPC in the definitions; • Inclusion of people older than 59 years of age; • Identifying and clarifying timelines of when someone goes on the list, the appeals and process and how long they remain on the list; and • Removing the last section of the bill as it can be addressed in DPPC policy and not relevant to the registry. Other issues discussed included: • Expanding registry to all disabilities versus limiting it to I/DD; • Creating an internal workgroup to work on regulations and implementation; • Addressing DPPC backlogs and the need for additional investigators for better quality and more timely investigations; • Implementing the registry 24 months after the bill’s passage; and • Determining funding needs. 10. ACL Updates • RCC Guidelines – Finalized: The Guidelines for Rape Crisis Centers (RCC) were finalized and distributed statewide. A Webinar will be held on September 13th to continue training on the contents of the Guide. • Learning Collaborative/Technical Assistance o Webinar on Consent and Persons with I/DD – April 27, 2017: The ACL project hosted its second statewide webinar, titled “Sexual Decision-making among Adults with Intellectual and Developmental Disabilities”. Pat Carney, Trainer for the Massachusetts Department of Developmental Services, was the primary speaker. The webinar was recorded and disseminated for people to view who were unable to participate in the live event. The webinar was intended for the professions included in the ACL project such as DDS, RCC, A&A, DPPC and other agency staff. o Four regional, in person Learning Collaborative sessions were held during the month of May 2017 as detailed below. The four regional discussion sessions were hosted by an RCC in one of the four regions. Participation at each regional Learning Collaborative was limited to approximately 20-25 people per region. Joanna Bridger, Clinical Services Director at Riverside Trauma Center, moderated the lunchtime multidisciplinary discussions.  May 10, 2017 from 11:30-1:30 – Western Region, YWCA  May 11, 2017 from 11:30-1:30 – Greater Boston Region, Boston Area RCC  May 17, 2017 from 11:30-1:30 – Northeast Region, Center for Hope and Healing  May 25, 2017 from 11:30-1:30 – Southeast Region, Independence House • Next Steps: The project funding concludes September 30th. DPPC will follow up with a final report. Prior to the close of the grant, DPPC will conduct a webinar to go over the Guidelines and host four additional Learning Collaborative sessions in September. 11. 12. Building Partnerships Initiative Updates • Protect, Report, Preserve Trainings – May 2, 2017 and May 8, 2017: Two PRPs trainings were held as scheduled to educate staff to effectively recognize, report and respond to abuses committed against persons with disabilities. The trainings were held at the Radisson Hotel and Suites, Chelmsford, MA on May 2, 2017 and at Baystate Whitney Conference Center, Holyoke on May 8, 2017. Hampden District Attorney Anthony Gulluni welcomed the attendees at the training in Holyoke. • Worcester County District Attorney and Tier I Trainings – June 8, 2017: An all-day Tier I training, tailored for law enforcement including local and state police and assistant district attorneys along with APS staff, SANE and victim witness advocates, was held in partnership with the Worcester District Attorney’s Office at Anna Maria College on June 8, 2017. The training highlighted the need to utilize a multidisciplinary investigation, the updates in the MOU, the roles of the investigation team and communicating with persons with disabilities. • Next Steps: BPI Co-Chairs met with Commissioner Howe on April 11th and the Commissioner has agreed to fund BPI for another year. The Commissioner would like BPI to focus on some statewide training as well as finalize the Tier I trainings. Quarterly and Monthly Reports : The Commissioners received copies of the following reports: • Hotline Activity Report – May 2017: The Hotline Activity Report for the month of May 2017 was distributed and reviewed. The Commission received 1,032 abuse reports during the month of May 2017. In addition to the abuse reports, the Hotline received 488 information and referral calls and 83 death reports, a combined total of 1,603 calls to the Hotline in May 2017. • Oversight Activity Report – May 2017: The Oversight Activity Report for the month of May 2017 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month 199 cases were closed in comparison to 243 cases being assigned. At the close of the month, there were 720 active oversight cases and 379 overdue investigation reports. • Legal Activity Report – May 2017: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for May 2017 was distributed. The Legal Unit received 6 petitions and completed 11 petitions and 29 records requests during the month. To date, DPPC Legal Unit has completed 138 Petitions and processed 643 records requests/demands during the fiscal year. There are 80 Petitions pending review. 13. New Business No new business was discussed. 14. Adjournment MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 6:20 p.m., Chairperson Brett seconded. Unanimous to adjourn the meeting at 6:20 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes September 7, 2017 Commissioners Present: Honorable James Brett, Yndia Lorick-Wilmot Ph.D. and Maurice Medoff Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Julie Westwater, DPPC General Counsel and Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • • • Commissioners’ Agenda of September 8, 2017 Commissioners’ Meeting Minutes of June 28, 2017 Budget Summary and Narrative Report June 2017 Year End Budget Summary and Narrative Report August 2017 DPPC Written Testimony re. 19C Amendment and Financial Exploitation – H.1958, S.52 and S.76 DPPC Written Testimony on Registry Bill – H.80, S.64 and S.69 Abuse Reports FY Comparison DPPC FY2018 Spending Plan Narrative DPPC FY2018 Budget Recommendations DPPC Proposed ACL Organizational Chart DPPC SARU Organizational Chart Curriculum Vitae – SARU Seven Hires ACL Grant Application Packet Hotline Activity Report – June 2017 and August 2017 Oversight Activity Report – June 2017 and August 2017 Legal Activity Report – June 2017 and August 2017 DPPC Quarterly Report – April-May- June 2017 The Honorable Chairperson Brett called the meeting to order at 4:30 p.m. 1. Approval of Minutes of Meeting of June 28, 2017 MOTION: VOTE: 2. To accept minutes of June 28, 2017 as received motioned by Chairman Brett and seconded by Commissioner Medoff Unanimous to accept the minutes of June 28, 2017 as received with Commissioner Lorick-Wilmot abstaining Administration and Finance • Yearend Budget Summary and Narrative Report: The Final Monthly Budget Summary Report for Fiscal Year 2017 was submitted to the Commissioners for their review and comments. This concludes the spending for FY2017. DPPC spent 99.99% out of 100% of its budget with $460 reverted back to the general fund. 3. • Monthly Budget Summary and Narrative Report August 2017: The August Monthly Budget Summary Report along with a narrative was submitted to the Commissioners for their review. DPPC is on budget and has expended 13% of 17% of the budget through the second month of the fiscal year. DPPC doesn’t anticipate any issues at the moment. • FY2018 Appropriation and Spending Plan: DPPC received the Governor’s recommendation, maintenance funding for FY2018, instead of either the House or Senate budget number, which were both higher. Given the Bargaining Unit contract has not been ratified, the Governor’s Recommendation does not include the cost of any increases associated with ratifying the Bargaining Unit contract. If the Bargaining Unit contract is ratified, DPPC was notified that a supplemental budget would be provided to offset any increase. DPPC’s Spending Plan, which outlines spending for the upcoming fiscal year, is due to ANF by September 7, 2017. ACES – Final Review ACES – Final Review: Managers are reviewed on the federal fiscal year which runs from October 1st to September 30th. At the last Commissioners meeting, ACES applicable Progress Stage forms were presented to the Commissioners for review and signature. The final review is due between October 2 and October 27, 2017. As the next Commissioners meeting is scheduled for November, the Chairperson will complete, review and approve the ratings via a separate meeting with the Executive Director. Executive Director Alterio will work on the final reviews and provide a draft to Chairperson Brett for approval and signature. 4. Legislative Updates • 19C Amendment and Financial Exploitation Testimony: The bill, drafted by the DPPC, and filed concurrently in the Senate and House as S.52 and H.1958, was heard on July 31st. The DPPC is very appreciative of the efforts of its sponsors, Senator John Keenan and Representative Sean Garballey, as well as the seventy five (75) legislators who co-sponsored the bill. General Counsel Westwater attended the hearing on July 31st and provided oral and written testimony in support of amending DPPC’s enabling statute. Testimony was also provided on Bill 76 in support of expanding DPPC’s jurisdiction to conduct financial abuse investigations, however funding would be necessary. Senator Keenan and a self-advocate attended and testified on behalf of S.52. Representative Kay Khan, House Chair of Children, Families and Persons with Disabilities appeared supportive of the testimony. The Commissioners were provided with a copy of the written testimony. • Registry Bill: There are three bills pending on the abuse registry. Family members provided compelling testimony in support of the legislation. DPPC did not testify on the bills. DPPC has been and will continue to work with Arc of MA and DDS on the effectiveness of the legislation. DPPC’s recommended amendments were provided to the Arc and DDS; both organizations recognized the need and expressed support of the changes. Members of the legislators on the Committee for Children, Families and Persons with Disabilities that heard the testimony acknowledged that the bill was important but required some changes. DPPC’s informed DDS and Arc that the bill should be amended as follows: o Clarifying DPPC decisions going to the Division of Administrative Law Appeals (DALA) versus DDS Hearing Officer; o Including DPPC in the definitions; o Inclusion of people older than 59 years of age; o Identifying and clarifying timelines of when someone goes on the list, the appeals and process and how long they remain on the list; and o Removing the last section of the bill as it can be addressed in DPPC policy and not relevant to the registry. Other issues discussed included: o Expanding registry to all disabilities versus limiting it to I/DD; o Creating an internal workgroup to work on regulations and implementation; o Addressing DPPC backlogs and the need for additional investigators for better quality and more timely investigations; o Implementing the registry 24 months after the bill’s passage; and o Determining funding needs. 5. Media Updates A reporter from the Living Section of The Globe is writing a piece on how the Massachusetts APS system works and PCAs not being vetted. The reporter has spoken with various people at DPPC to gather information including Assistant General Counsel, Deputy Executive Director, SPDU Sergeant and Intake/Oversight Manager. 6. Strategic Planning DPPC will hold its annual mandatory all-staff Strategic Planning meeting on Thursday, September 14, 2017. The meeting provides an opportunity for staff to reflect on the accomplishments of FFY2017 and establish goals and objectives for FFY2018. An overarching focus for FFY2018 will be on incorporating the newly formed Sexual Assault Response Unit (SARU) into DPPC’s daily operations. 7. SARU Implementation SARU funding started on July 1, 2017. DPPC has hired all seven SARU positions. These include the Director, Protective Service Navigator Supervisor (PSNS), two Protective Services Navigators, Peer Support Coordinator and two Peer Support Persons. Copies of the resumes were distributed to the Commissioners for review. DPPC/SARU has a meeting with MOVA next week to discuss announcing the grant. DPPC ANF Director is working with DPPC building management to secure SARU office space within the building. Executive Director Alterio would like to introduce the SARU staff to the Commissioners at the next meeting in November. DPH Leadership is coming to DPPC for a meet and greet session with SARU on November 17th. Interface at William James College has been selected as the vendor agency who will be utilized to provide intake, screening, assessment, placement, follow-up and case consultation to match sexual assault victims with disabilities to appropriate therapist statewide. William James College focuses on advanced degrees in social work, psychiatry, psychology and work with underserved populations. 8. 9. ACL Updates • Learning Collaborative: Four regional, in person Learning Collaborative sessions are scheduled during the month of September 2017 as detailed below. The four regional discussion sessions are being hosted by DDS in each of the four regions. Participation at each regional Learning Collaborative is limited to approximately 2025 people per region. Clinical Services Director at Riverside Trauma Center and SARU Director will moderate the lunchtime multidisciplinary discussions.  September 19, 2017 from 10:00-12:00 – Northeast, Danvers DDS Office  September 21, 2017 from 11:30-1:30 – Central/West, Springfield DDS Office  September 26, 2017 from 11:30-1:30 – Southeast, Plymouth DDS Office  September 28, 2017 from 11:30-1:30 – Metro Boston, BARCC, Cambridge • Webinar on RCC Guidelines – September 13: The Guidelines for Rape Crisis Centers (RCC) were finalized and distributed statewide. A Webinar will be held on September 13th to continue training on the contents of the Guide. The webinar will be recorded and disseminated for folks to view who were unable to participate in the live event. The webinar is intended for the partner agencies included in the ACL project such as RCC, DDS, A&A, DPPC and other agency staff. • ACL Grant Close Out: The project funding concludes September 30th. DPPC will follow up with a final report by the close of the calendar year as required. • ACL Grant Application – Inroads to Interventions: DPPC applied for additional ACL grant funding to evaluate the effectiveness of the SARU as well as to increase staffing to enable SARU to provide services statewide. There is a lot of competition for this federal funding and therefore a long shot to obtain. Currently SARU is only in two of the five regions – Southeast and Central. The Commissioners received a copy of the ACL grant application including a copy of the organizational chart. Building Partnerships Initiative Updates Statewide Conference November 1st: BPI is hosting a statewide training on November 1st in Holyoke in partnership with Hampden District Attorney and the Massachusetts District Attorneys Association. Keynote speaker James W. Hopper, Ph.D., Clinical Psychologist and Independent Consultant, Teaching Associate in Psychology, Harvard Medical School will present on the effects of trauma on the brain. The conference will also include topics on interviewing, competency, consent, testifying and case scenarios. 10. NAPSA • Conference: The 2017 National NAPSA Conference took place August 28-30, 2017 in Milwaukee, WI. Patty Quatieri, self-advocate survivor and SARU Peer Support person received a national award for her work in the sexual abuse and the disability field. DPPC conducted five workshops on the following topics: o Mortality Review Team – Nancy Alterio o APS Registries Across the Country: The Results of the NAPSA Abuse Registry Ad Hoc Committee Project - Nancy Alterio, Mariah Freark o Improving Outcomes of Sexual Assault Victims with Disabilities: The Massachusetts ACL Project - Nancy Alterio, Mariah Freark, Jeni Prater, Patty Quatieri, Susan Vickers o Allies in the Good Fight - Massachusetts’ Practices for the Identification, Report and Investigation of Abuse Committed Against Persons with Disabilities – Elizabeth Dunphy Farris, Sergeant Tim Grant, David Viens o Awareness and Action – Pauline Bosma, Jennifer Edwards-Hawkins, Anne Monti, Susan Moriarty • 11. APS Abuse Registry Study and Findings: The NAPSA Ad-Hoc Abuse Registry Committee collected data from across the country on abuse registries. Surveys were sent out to the approximate 20 states that identified as having a registry. Follow-up phone interviews were conducted for states that completed the online survey to gather even more detail. The Committee is deciphering through the collected data and drafting a report to highlight the committee’s findings. The draft report is scheduled for completion late December. Quarterly and Monthly Reports : The Commissioners received copies of the following reports: • Hotline Activity Report – June 2017 and August 2017: The Hotline Activity Reports for the months of June and August 2017 were distributed and reviewed. There was a 9.5% increase in abuse reports in FY2017 and 10% increase in FY2016, resulting in a 20% increase over two years. The Commission received 1,033 abuse reports during the month of June 2017 and 979 during August 2017. In addition to the abuse reports, the Hotline received 474 information and referral calls and 71 death reports, a combined total of 1,578 calls to the Hotline in June 2017. The Hotline received 542 information and referral calls and 79 death reports, a combined total of 1,600 calls to the Hotline in August 2017. • Oversight Activity Report – June 2017 and August 2017: The Oversight Activity Report for the month of June and August 2017 were distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month of June - 198 cases were closed in comparison to 242 cases being assigned. At the close of the month, there were 736 active oversight cases and 399 overdue investigation reports. Within the month of August - 271 cases were closed in comparison to 222 cases being assigned. At the close of the month, there were 777 active oversight cases and 449 overdue investigation reports. • Legal Activity Report – June 2017 and August 2017: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for June and August 2017 were distributed. The Legal Unit received 9 petitions and completed 16 petitions and 60 records requests during the month of June. DPPC Legal Unit completed 154 Petitions and processed 713 records requests/demands during fiscal year 2017. The Legal Unit received 8 petitions and completed 10 petitions and 42 records requests during the month of August. To date, DPPC Legal Unit has completed 23 Petitions and processed 58 records requests/demands during fiscal year 2018. There are 67 Petitions pending review. 12. Future Agenda Topics The following topics will be addressed at upcoming Commissioners’ meetings scheduled for November/December: • Meet and Greet Advisory Council • SARU Overview • Strategic Plan 13. New Business No new business was discussed. 14. Adjournment MOTION: VOTE: Commissioner Medoff motioned to adjourn the meeting at 5:46 p.m., Chairperson Brett seconded. Unanimous to adjourn the meeting at 5:46 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes November 20, 2017 Commissioners Present: Honorable James Brett, Yndia Lorick-Wilmot, Ph.D., Kacy Cerasoli Maitland and Maurice Medoff Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Julie Westwater, General Counsel and Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • • • • • • Commissioners’ Agenda of November 20, 2017 Commissioners’ Meeting Minutes of September 7, 2017 Governor’s Letter of Appointment to Commissioner Maitland with Resume Certificate of Receipt of Open meeting Law Materials Open Meeting Law G.L. c. 30A, §§18-25 Office of the Attorney General 2017 Open Meeting Law Guide Office of the Attorney General 940 CMR 29:00 Open Meetings Budget Summary and Narrative Report October 2017 Letter to ANF – DPPC FY2018 Spending Plan Letter to ANF – DPPC FY2019 Maintenance Exercise ACES Final Review Forms for Executive Director and Direct Reports DPPC FY2017 Strategic Plan Annual Review DPPC FY2018 Strategic Plan DPPC SARU Materials: o SARU Open House Invitation o Guidelines for Massachusetts Rape Crisis Centers: Working with Survivors with Intellectual and Developmental Disabilities o SARU Outreach Flyer o SARU – Multidisciplinary Resources for Sexual Assault Survivors with Disabilities DPPC FY2017 Annual Report DPPC Quarterly Report – July, August, September 2017 The Honorable Chairperson Brett called the meeting to order at 4:30 p.m. 1. Welcome New Commissioner and Farewell to Departing Commissioner Commissioner Medoff was recognized for his five years of service and Kacy Maitland was welcomed and introduced as the incumbent Commissioner. 2. Introduction to the New Sexual Assault Response Unit and Implementation Updates Director Susan Vickers introduced herself and the Sexual Assault Response Unit (SARU). SARU will provide three primary services to victims of sexual assault. • Navigation Services: SARU Navigator Bonnie Crehan explained that navigators will reach out to victims and their family/support network informing them of trauma services that exist within the Commonwealth such as medical, financial, legal and counseling. If services are requested, the navigator will help facilitate access. Additionally, navigation services will be mobile to accommodate survivors. • Peer Support Services: Peer support is a critical component of support services. Therefore, two Peer Support staff survivors with I/DD were hired and are available to meet with other victims of sexual assault. • Contract for clinical matching services: A contract was secured with Interface at William James College to provide intake, screening, assessment, placement, followup and case consultation to match sexual assault victims with disabilities to appropriate therapists statewide. • SARU will also form an Advisory Council comprised of approximately 10-14 volunteer members from various disciplines to help inform the new Unit. Discussion ensued regarding legislators serving on the Advisory Board as they might be a good source of information. General Counsel Westwater will check and see if there are any restrictions regarding elected officials serving on the Council. SARU is housed in office space adjacent to DPPC and will be holding an Open House on December 14, 2017 from 4:00-6:00 p.m. An invitation was extended to the Commissioners. SARU is looking for additional funding to enable the program to expand statewide. Federal grants through OVC and ACL, as well as VOCA funds are being explored. 3. Approval of Minutes of Meeting of September 7, 2017 MOTION: VOTE: 4. To accept minutes of September 7, 2017 as received motioned by Commissioner Lorick-Wilmot and seconded by Chairman Brett Commissioner Lorick-Wilmot and Chairman Brett accepted the minutes of September 7, 2017 as received; Commissioner Maitland abstained Open Meeting Law Updates The Commissioners received copies of the new Open Meeting Law regulations and signed the Certificate of Receipt for the three documents which they have two weeks to review. General Counsel Westwater discussed the changes and noted that remote participation requirement had changed. There were five categories for consideration but now the only requirement is that it is ‘unreasonably difficult to be physically present’. 5. Administration and Finance • Monthly Budget Summary and Narrative Report - October 2017: The October Monthly Budget Summary Report along with a narrative was submitted to the Commissioners for their review. DPPC is on budget and has expended 32% of 33% of the budget through the first four months of the fiscal year. 6. • FY2018 Spending Plan: DPPC FY2018 Spending Plan was submitted as required and does not include the cost of any increases associated with ratifying the Bargaining Unit contract. If the Bargaining Unit contract is ratified, DPPC was notified that a supplemental budget would be provided to offset any increase. • FY2019 Spending Cap: The required Cap Narrative for FY2019 was submitted in preparation for Governor’s Recommendation that will be released in January 2018. This exercise requires agency to report on funding required to maintain in FY2019 and doesn’t allow for any requested increases beyond maintenance. Although DPPC did suggest additional funding be considered to address excessive caseloads, overdue investigations and a small amount of matching funds to support the new SARU unit within the narrative. ACES – FFY2017 Final Review The approved final ACES form of the Executive Director and her direct reports, reviewed and completed with Chairman Brett prior to the meeting, were submitted to HRD as required and copies were provided to the Commissioners. 7. 8. Strategic Planning • FFY2017 Strategic Plan Annual Review: DPPC held its annual mandatory all-staff Strategic Planning meeting on Thursday, September 14, 2017. The meeting provided an opportunity for staff to reflect on the accomplishments of FFY2017 and establish goals and objectives for FFY2018. Deputy Executive DeRiggi summarized the accomplishments of FFY2017 including the developments of the ACL grant, revising reporting forms to be more user-friendly, participating in federal data collection, revising DPPC Regulations and conducting numerous BPI trainings. • FFY2018 Strategic Plan: A copy of the DPPC’s FFY 2018 Strategic Plan was submitted to the Commissioners. The main focus this year is on integrating the Sexual Assault Response Unit (SARU) into DPPC’s daily operations. The additional goals beyond the integration of the SARU Unit were also highlighted. Legislative Updates • 19C Amendment: DPPC’s two bills, filed concurrently in the Senate and House, are pending and sitting in the Committee for Children, Families and Persons with Disabilities. As they are still holding hearings, not many bills have come out of the Committee. DPPC bill will change the agency name and reflect operational changes. Senator John Keenan and Representative Sean Garballey sponsored the bills and seventy five (75) legislators in House and thirty (30) legislators in the Senate cosponsored the bills. • Registry Bill: The abuse registry bill is out of the Committee for Children, Families and Persons with Disabilities and is now with Ways and Means. The bill has been redrafted with some of DPPC’s recommendations incorporated into it. However, there are still issues that need addressing. DPPC continues its work on the NAPSA Abuse Registry research project. 9. Building Partnerships Initiative Updates Statewide Conference November 1st: BPI held a statewide training on November 1st in Holyoke in partnership with Hampden District Attorney and the Massachusetts District Attorneys Association. James W. Hopper, Ph.D., Clinical Psychologist and Independent Consultant, Teaching Associate in Psychology, Harvard Medical School who presented on the effects of trauma on the brain, was an excellent presenter. The conference also included presentations on the statewide APS system, case law that impacts DPPC cases, interviewing, competency, consent, testifying and case scenarios. NAPSA is considering Dr. Hopper as a keynote speaker for their annual conference in 2018. 10. Annual, Quarterly and Monthly Reports DPPC’s FY2017 Annual Report and Quarterly Report for first quarter of FY2018 were provided to and reviewed with the Commissioners. 11. Future Agenda Topics Meet and Greet Advisory Council: Advisory Council members were scheduled to meet with Commissioners at the previously scheduled meeting of November 16, 2017. As the meeting was rescheduled and they are unable to make the December meeting, they will meet with the Commissioners in the Spring. 12. New Business No new business was discussed. 13. Adjournment MOTION: VOTE: Chairperson Brett motioned to adjourn the meeting at 6:17 p.m., Commissioner Lorick-Wilmot seconded. Unanimous to adjourn the meeting at 6:17 p.m. DISABLED PERSONS PROTECTION COMMISSION Commissioners’ Meeting Minutes December 14, 2017 Commissioners Present: Honorable James Brett, Yndia Lorick-Wilmot, Ph.D. and Kacy Cerasoli Maitland Staff Present: Nancy A. Alterio, Executive Director, Emil DeRiggi, Deputy Executive Director, Julie Westwater, General Counsel and Jennifer Edwards-Hawkins, Program Coordinator Minutes Recorded By: Jennifer Edwards-Hawkins Handouts – The following materials were distributed to the Commissioners: • • • • • • • • • • • Commissioners’ Agenda of December 14, 2017 Commissioners’ Meeting Minutes of November 20, 2017 Budget Summary and Narrative Report November 2017 Letter to ANF – DPPC FY2019 Expansion Request BPI FY2017 Annual Review BPI Annual Plan for FY2018 Information re. Committee to Schedule one or more Oversight Hearings on DDS System, dated December 12, 2017 NAPSA Northeast I Regional Meeting Agenda Hotline Activity Report – November 2017 Oversight Activity Report – November 2017 Legal Activity Report – November 2017 The Honorable Chairperson Brett called the meeting to order at 4:30 p.m. 1. Approval of Minutes of Meeting of November 20, 2017 MOTION: VOTE: 2. To accept minutes of November 20, 2017 as received motioned by Commissioner Maitland and seconded by Commissioner Lorick-Wilmot All in favor to accept the minutes of November 20, 2017 as received. Commissioners’ 2018 Meeting Schedule The next Commissioners’ meeting was scheduled for Wednesday, February 7, 2018 from 4:30 – 6:30 p.m. The Commissioners decided to hold off until February to schedule additional meetings. 3. SARU Open House SARU Open House was being held on Thursday, September 14, 2017 from 4:00 – 6:00 p.m. Currently SARU is working on test cases; the official opening date is January 2, 2018. The ribbon-cutting ceremony will be taking place in March, more information to follow. 4. Administration and Finance 5. • Monthly Budget Summary and Narrative Report - November 2017: The November Monthly Budget Summary Report along with a narrative was submitted to the Commissioners for their review. DPPC is on budget and has expended 42% of the budget through the first five months of the fiscal year. There are no fiscal concerns and DPPC can support staffing numbers. • FY2019 – Requested Expansion: Commissioners received a copy of DPPC’s letter to ANF regarding DPPC FY2019 Expansion Request for review. The ANF analyst requested separate documentation to support DPPC’s need for space for SARU at an additional cost of $40,000. DPPC has to provide matching funds for the SARU grant; DPPC is currently providing in-kind resources. The analyst will raise this issue in the budget process; hopefully this number will be included in the Governor’s Recommendation. Executive Director Alterio added the DPPC’s letter to ANF re. FY2019 CAP includes requests for additional funds with various options as well as up to $40,000 for matching funds. Grants • ACL: DPPC applied for an additional ACL grant but was not awarded the funding. • MOVA: DPPC applied for an additional MOVA grant (VOCA funds) to fund SARU in three additional regions which would make SARU a statewide initiative. • OVW: EOPSS is a partner with DPPC on the grant application for OVW funding. EOPSS will submit the application and manage the grant. If awarded, the grant funding will be used to increase access to Child Advocacy Centers across Massachusetts. This is a 3 year grant – the first year is for needs assessment and planning, years 2-3 to enable implementation locally. The grant will focus on Bristol County CAC and victims of sexual assault in the 18-22 population. They will conduct forensic interviews, provide wrap-around services. SANE is also located at this location so can conduct forensic exams. Bristol CAC is also in support of the grant application. Both MOVA and OVW grant applications are due in January 2018 with a start date in October 2018. 6. Legislative Updates • • DDS Oversight Hearing: Representative Kay Khan wants to schedule a hearing in January regarding a specific case and has invited DPPC to speak. Executive Director Alterio gave Commissioners a brief summary of the case. As the case is still open and a petition filed, the hearing would be limited to DDS and DPPC and not open to the public. Executive Director Alterio believes it is an information gathering hearing and they would be asking questions on DPPC operations and systems. It was also mentioned that COFAR was requesting a hearing on the same case and wanting people to attend/speak. It appears these are two separate hearings. Currently there are not many bills that have passed out of the Committee for Children, Families and Persons with Disabilities. The Abuse Registry bill is still in Ways and Means. 7. Building Partnerships Initiative Updates The following reports were provided to the Commissioners. Executive Director Alterio provided an overview of these reports, emphasizing that training is the cornerstone of the Building Partnerships Initiative. • • 8. FY2017 Annual Review FY2018 Annual Plan Annual, Quarterly and Monthly Reports The following reports were provided to and reviewed with the Commissioners. 9. • Hotline Activity Report – November 2017: The Hotline Activity Reports for the month of November 2017 were distributed and reviewed. The Commission received 987 abuse reports during the month of November. In addition to the abuse reports, the Hotline received 545 information and referral calls and 88 death reports, a combined total of 1,620 calls to the Hotline in November 2017. • Oversight Activity Report – November 2017: The Oversight Activity Report for the month of November 2017 was distributed. The report tracks cases per oversight officer, cases pending 19C reports, cases with 19C reports, deferred cases, 19C reports received, protective service plans received, initial reports received and notices to abusers. Within the month of November - 263 cases were closed in comparison to 202 cases being assigned. At the close of the month, there were 851 active oversight cases and 351 overdue investigation reports. • Legal Activity Report – November 2017: The legal activity report tracks guardianship petitions filed, court appearances, petitions received and completed, records requests/demands completed and referrals to other agencies/boards. The Legal Activity Report for November 2017 was distributed. The Legal Unit received 9 petitions and completed 12 petitions and 43 records requests during the month of November. To date, DPPC Legal Unit has completed 61 Petitions and processed 203 records requests/demands during fiscal year 2018. There are 47 Petitions pending review. It was noted that the number of overdue cases has decreased even though there is an increase in the number of cases coming in. NAPSA • • 10. Northeast I Regional Representative: A replacement from New Hampshire has been found for Executive Director Alterio to chair the Northeast I Region Committee. Executive Director Alterio will be joining the calls but will not run the meetings. Findings on the Abuse Registry will be available next month. Future Agenda Topics • Meet and Greet Advisory Council: Advisory Council members were scheduled to meet with Commissioners at the previously scheduled meeting of November 16, 2017. As the meeting was rescheduled and they were unable to make the December meeting, they will meet with the Commissioners in the Spring. 11. New Business: No new business was discussed. 12. Adjournment MOTION: VOTE: Commissioner Lorick-Wilmot, Ph.D. motioned to adjourn the meeting at 5:51 p.m., Commissioner Maitland seconded. Unanimous to adjourn the meeting at 5:51 p.m. DISABLED PERSONS PROTECTION COMMISSION Advisory Council Meeting Minutes of May 11, 2015 Members Present: DPPC Staff Present: Participating by Phone: Not Present: Handouts: • • • • • Ed Bielecki, Michelle Love, Jim Ross Nancy Alterio, Jennifer Edwards-Hawkins William Henning participated remotely for geographical reasons James Breen, Mary Ann Brennen, Christine Shane The following materials were distributed to the Advisory Council Members Meeting Agenda of May 11, 2015 Meeting Minutes of December 8, 2014 DPPC Budget Brief DPPC Quarterly Report January, February, March 2015 List of Pending Massachusetts Bills Relating to persons with disabilities Minutes Recorded By: Jennifer Edwards-Hawkins Ed Bielecki called the meeting to order at 1:20 p.m. MOTION: VOTE: Jim Ross motioned to allow Advisory Council Members to participate remotely in Advisory Council Meetings via teleconference call, Michelle Love seconded Unanimous to allow Advisory Council Members to participate remotely in Advisory Council Meetings via teleconference call Bill Henning participated remotely for geographical reasons. 1. Approval of Minutes of Meeting of December 8, 2014 MOTION: VOTE: 2. Jim Ross motioned to accept minutes of December 8, 2014 as received The motion to accept the minutes of December 8, 2014 as received was tabled as there needs to be a quorum of members present Welcome Advisory Council New Members • Executive Director Alterio welcomed and thanked new member Michelle Love for committing her time and energy to participate on the Advisory Council. Michelle Love thanked everyone and introduced herself. Michele is a Peer Support Coordinator Supervisor for Advocates Inc. James Breen, motivational speaker for persons with disabilities, also joined the Advisory Council but was not present. 1 3. Open Meeting Law Updates • General Counsel Julie Westwater reviewed the Open Meeting Law (OML) guidelines that were emailed to Advisory Council members on April 29, 2015. DPPC falls under the Open Meeting Law - Advisory Council Meetings must be posted on DPPC’s website 48 hours before the commencement of the meeting, meetings must have a quorum, remote participation is allowed – minutes must identify who and why they are participating remotely. As it is an Advisory Council, it does not go into Executive Session. Members present received a copy of the OML Certificate of Receipt for signature to show they had received and understood the documents. Michelle Love and Jim Ross signed and submitted the Certificate of receipt; Ed Bielecki will read the documents then sign the Certificate of Receipt and mail to DPPC. The OML Certificate will be emailed to those members not present – James Breen, Mary Ann Brennen, Bill Henning and Christine Shane. Ed stated members who participate remotely should attend at least two meetings in person. Jim felt it was not necessary to have by-laws stipulating this; participating remotely is beneficial in that it allows more people to become members and that restricting remote participation may cause people to leave or not join. Although it is better to meet in person, some members’ office locations are not easily accessible to public transportation and so travel to and from the meeting would be time prohibitive. Discussion ensued regarding meeting quorum, date flexibility and consideration of alternative meeting times. It was decided to leave the meetings as is because frequent changes in meeting days and times complicates planning and people’s already busy calendars. 4. Administration and Finance: FY2016 Budget Recommendations and Impact: Advisory Council members received copies of the Budget Brief highlighting DPPC’s mandate, milestones, challenges and needs. Executive Director Alterio discussed the Budget Brief and DPPC Budget needs. The House 1 (Governor’s) Recommendation level funded DPPC but this number also included the 9C cuts so would require DPPC to reduce its staffing by four FTEs. The House Ways and Means budget recommendation, released April 15, 2015, level funded DPPC but did not include 9C cuts. It was about $50,000 more than the Governor’s recommendation but would also require DPPC to reduce its staffing by three FTEs. The Senate Ways and Means Recommendation will be released tomorrow, May 12, 2015; hopefully DPPC will get maintenance funding to keep its current staffing of 32 FTEs. Senator Barrett will file an amendment if necessary. However, there is only a three day open window to get the amendment done. Executive Director Alterio explained the budget process going forward. Further discussion ensued regarding the impact a reduced budget would have on caseloads, backfilling positions, regulation reviews and executive orders. Bill will forward any information about regulation reviews to Nancy. 2 Executive Director Alterio stated MASS worked hard last year advocating for DPPC and obtaining funding to increase DPPC staffing from 28 to 32 FTEs. Ed Bielecki added it is easier to work with the Senate as there are fewer legislators than in the House. He is prioritizing a list of Senators and Aides and will go up to the State House the second Wednesday of the month to advocate for DPPC. Ed will send Michelle Love information so she can help advocate for DPPC. Jim Ross inquired about the Early Retirement Incentive Program. Executive Director Alterio commented that DPPC heard today they were not eligible because they are classified as an independent agency. 5. DPPC Quarterly Report The Quarterly Report is a good introduction to DPPC – it briefly describes how DPPC operates, types of cases, SPDU and statistics over a three month period. Discussion ensued regarding statistics and questions arose concerning how disabilities are classified – some such as MS and CP are listed separately but they could also fall under category of physical disability. Nancy will check with Emil for further clarification on why they are classified this way. Members also noted how the numbers of criminal charges have remained static compared to the number of criminal investigations. Executive Director Alterio explained the criminal charges number is a fluid number because these cases can take years to complete plus DPPC does not always receive updates from District Attorneys Offices. Jim Ross added he doesn’t think the courts have caught up with cases in the same way reporting and investigations have. Nancy praised the SPDU housed at DPPC as these cases are difficult to investigate. The troopers are all seasoned detectives who are dedicated, passionate, doing extraordinary work with the criminal investigations and making a huge difference. 6. Impact Ability – Summit Impact:Ability provides self-defense courses for people with disabilities and is run through Triangle, a provider agency in Malden. Meg Stone, Director of Triangle’s Impact:Ability program, organized a Summit at UMass Boston and invited people from numerous disciplines across the state to participate in a discussion about abuse prevention. Through Meg Stone’s leadership, Triangle’s Impact:Ability applied for and received the prestigious Robert Wood Johnson’s Foundation Award. The funding has allowed Impact:Ability teams to educate Boston school students about abuse prevention and provide hands-on self defense skills training. The idea of the Summit was to bring together policy makers, providers, self advocates, and others from across the state and increase their exposure to abuse. The Summit provided an opening session followed by five consecutive sessions on various abuse prevention topics to elicit open discussion, collect data, identify the positives and negatives, identify areas to focus on and then report back to a panel comprised of administrators and legislators in the afternoon. The next step is to develop a white paper from the findings of these sessions and then release it at the State House so more legislators are present. A steering committee is 3 helping Meg Stone draft the white paper which brings awareness to abuse prevention, the current system and what changes need to occur. It will also look at therapeutic services to help people transition from victims to survivors. 7. Federal and State Audits DPPC has been undergoing federal and state audits. The State Audit report has already been drafted and gone to upper management for review. DPPC is waiting for the result and will have an opportunity to review the report before it is released. Auditors did not raise any problems in the exit interview and seem favorable to DPPC. Bill Henning added he has worked with the Auditor’s staff before and offered his assistance if needed. The OIG is conducting an audit of residential services of Medicaid beneficiaries with developmental disabilities in Massachusetts. The objective of their audit is to determine if Massachusetts has established adequate internal controls for the oversight of public and private institutions that provide care to Medicaid beneficiaries with developmentally disabilities. The audit period will include services provided to Medicaid beneficiaries with developmentally disabilities during the period January 1, 2010 through June 30, 2014. This inquiry is directly related to the administration of the Medicaid program. The audit involves DPPC indirectly through DDS and EOHHS. The auditors are looking at specific hospital admission intake codes and compiling samples to see if the hospitalization was due to abuse, was it recognized as abuse and could it have been prevented. A member of the audit team complimented the Massachusetts’s system and data collection capabilities in comparison to other states they are auditing. The audit should be finished around September 30, 2015. 8. Legislation Advisory Council members received a list of pending Massachusetts Bills related to and impacting persons with disabilities. Attorney Drew Levrault is reviewing the legislation to determine whether DPPC will/will not support them. It was noted that Brian Joyce has filed legislation with opposing/contradictory views; DPPC legal unit is looking into this. A brief review and discussion of bills followed. 9. Building Partnerships Initiative Executive Director Alterio introduced Michelle to BPI and briefly highlighted the goals. • FY2015 Activities o In-Service Training – Trauma Informed Therapeutic Services and Persons with Disabilities: APS investigators from DPPC, DDS, DMH and MRC attended an all day statewide in-service training at UMass Medical School in Worcester. 100 people were in attendance. Clinician and national speaker Shirley Paceley, Director of Blue Tower Training, presented a three-hour workshop. 4 o 40 Hour Training – Approximately 30 new APS investigators from DPPC, DDS, DMH and MRC attended the 40 Hour Basic Investigations training at DPPC on March 2-6, 2015. o Protect, Report, Preserve Training for Providers: Two PRP trainings were held - April 2 at Worcester Recovery Center and Hospital and April 30 at Florian Hall, Dorchester. Over 250 people were in attendance. o Updating MOU: This is on-going. An updated MOU has been drafted and sent out for review. One of main issues addressed was ‘deferred’ cases. The ADA must put a request in writing if they want the APS investigator to step down but DPPC will make the final determination as to whether a case is deferred or not. Discussion ensued regarding deferred vs. referred cases and the benefits of conducting joint investigations. o Tier I Training: Tier I trainings are being done again for law enforcement and other professionals involved in these investigations. The training will reintroduce the updated MOU and investigation process. There will be 11 trainings done in total in all District Attorneys jurisdictions. The first one is scheduled for June 10 at the Log Cabin, Holyoke in partnership with Hampden District Attorney. A second training is tentatively scheduled for Suffolk County on June 16 at Florian Hall, Dorchester. 10. National Requests National APS Data System: The Federal Government funded a private organization to work with states and identify what data fields should be collected to track abuse of people with disabilities and elders. DPPC was one of four states invited to participate in the reporting system pilot program. They have since released an RFP for states to apply for funding to improve their data collection system. DPPC will apply for funding. 11. New Business/Announcements Ed had questions about the Governor and DPPC Commissioners and wondered if DPPC had heard any directive about DPPC changing leadership. Executive Director Alterio has not heard anything regarding a change in DPPC leadership. Executive Director Alterio reported DPH was putting in a proposal for $10,000 for additional Awareness & Action (A&A) trainings. The deadline was Thursday, May 14. They needed to create a new initiative so suggested supporting A&A. If they receive funding, then trainings can be started early in the upcoming fiscal year. Next Advisory Council Meeting is Monday, June 8, 2015 at 1:00 p.m. 12. Adjournment MOTION: VOTE: Jim Ross motioned to adjourn the meeting at 2:59 p.m. Michelle Love seconded. Unanimous to adjourn the meeting at 2:59 p.m. 5 DISABLED PERSONS PROTECTION COMMISSION Advisory Council Meeting Minutes of September 14, 2015 Members Present: DPPC Staff Present: Participating by Phone: Not Present: Handouts: • • • • • Mary Ann Brennen, Michelle Love, Jim Ross Nancy Alterio, Jennifer Edwards-Hawkins William Henning and Christine Shane participated remotely for geographical reasons Ed Bielecki, James Breen The following materials were distributed to the Advisory Council Members Meeting Agenda of September 14, 2015 Meeting Minutes of May 11, 2015 Meeting Minutes of December 8, 2014 Fiscal Year 2016 Budget Summary Office of the State Auditor – Official DPPC Audit Report Minutes Recorded By: Jennifer Edwards-Hawkins As Ed Bielecki was unable to make the meeting, the Advisory Board nominated Jim Ross to chair the meeting. 1. Appointment of Chairperson for Meeting of September 14, 2015 MOTION: VOTE: To nominate Jim Ross as Chairperson for the meeting of September 14, 2015 motioned by Bill Henning and seconded by Mary Ann Brennen Unanimous to accept Jim Ross as Chairperson for the meeting of September 14, 2015 Jim Ross called the meeting to order at 1:00 p.m. 2. Approval of Minutes of Meeting of December 8, 2014 MOTION: VOTE: 3. To accept minutes of December 8, 2014 with edit of item #9 to read PCA and not PAC, motioned by Christine Shane and seconded by Mary Ann Brennen Unanimous to accept the minutes of December 8, 2014, with edit of item #9 to read PCA and not PAC. Approval of Minutes of Meeting of May 11, 2015 MOTION: VOTE: To accept minutes of May 11, 2015 as received, motioned by Bill Henning and seconded by Michelle Love Unanimous to accept the minutes of May 11, 2015 as received. Mary Ann Brennen and Christine Shane abstained. 1 4. Administration and Finance • FY2016 Budget recommendation: DPPC received the higher of the budget numbers coming out of the conference committee enabling DPPC to sustain its 32 FTEs into FY2016. The SWM’s FY16 budget recommendation of $2,943,391, the higher of the three recommendations, sustains DPPC’s current staffing of 32 FTEs into FY16; HWM’s recommendation of $2,774,793 would have required DPPC to reduce its staffing by three, from 32 to 29; and the Governor’s recommendation of $2,725,124 would have required DPPC to reduce its staffing by four, from 32 to 28. Executive Director Alterio thanked the Advisory Board for their work, MASS for continuous advocacy at the State House and the Governor for supporting and signing the budget. Bill asked if Karen Spilka supported DPPC. It was affirmed that Senator Spilka has been supportive of DPPC. • Request from Joint Committee for Children, Families and Persons with Disabilities: Lisa Rosenfeld, Chief Counsel, contacted Executive Director Alterio on Representative Khan’s behalf to discuss DPPC budget needs. After reviewing the State Audit, Representative Khan was concerned about DPPC being unable to meet investigation timelines due to lack of resources. In addition, as there is legislation pending which would require DPPC to conduct financial abuse investigations, Representative Khan asked DPPC to submit two budget numbers – one that would enable DPPC to be fully functional and timely with its investigations, and a second on the cost to conduct financial investigations. Executive Director Alterio appreciates Representative Khan’s leadership and having a dialogue about the needs of DPPC and her willingness to file a supplemental budget on DPPC’s behalf. As significant funding is required, it is a long shot, but it is good news. If nothing else, hopefully DPPC’s resources will be maintained into FY17. Jim Ross asked how DPPC would estimate the costs. DPPC is currently running investigation numbers, projected numbers, taking into consideration financial abuse reports and examining caseloads to determine the amount needed. DPPC compared current DPPC investigations caseloads to other state agency caseloads and also spoke with other states about their caseloads. Additionally, NAPSA conducted a national study and supported/ recommended an investigation caseload of 25. Currently, DPPC investigators average a caseload of 50 and DPPC Oversight Officers average a caseload of about 250 cases which is impossible to ensure protections. Executive Director Alterio is concerned given the extremely high caseloads that it is not ‘if’ but ‘when’ a situation will fall through the cracks. Representative Khan appears to understand the problem and is looking to address it through a supplemental budget. DPPC has started drafting budgets and hope to finalize numbers by the end of the week. It is highly unlikely DPPC would receive the optimal funding, but any budget increase will help the agency. Jim added it may be necessary to hire investigators with different skill set such as financial experience. Christine Shane asked why law enforcement doesn’t investigate all financial abuse cases. Law enforcement has limitations on its resources as well and some of the concerns that don’t rise to a felony may be able to be better addressed by 2 APS. Regardless, conducting joint investigations and having APS at the table benefits the victim. 5. Real Lives Implementation The Real Lives Advisory Board is scheduled to meet every other month and is currently going through the work plan task by task. The most recent SelfDetermination Advisory Board meeting was held on September 9th. DDS handles the day to day work including drafting the agendas, preparing the handouts, organizing the presenters and updating the work plan. A work plan was created months ago and as sections are completed, they are taken out. There were originally over 30 sections; there are now 19 remaining and some are on-going. DPPC General Counsel Westwater is an active member of the Real Lives Board which Executive Director Alterio chairs. There are 23 members. The meeting minutes and work plans are on DDS website. 6. 7. Federal and State Audits • State Audit – Final Report: The Official Audit Report was distributed to the Advisory Board by Executive Director Alterio. The report finds DPPC doesn’t always record notifying alleged abusers of their rights and that DPPC does not always document why a report is late. Although DPPC is not required by statute or regulation to record notifications of rights to alleged abusers, the Audit found DPPC neglected to record this activity. Although not required, but to address the Audit’s concern, DPPC has created fields in the database to capture the notifications. In addition, DPPC has also created fields to track reasons for overdue investigations. • OIG Audit: The Federal audit has a more narrow focus. The Federal Office of Inspector General (OIG) is conducting an audit of residential services of Medicaid beneficiaries with developmental disabilities in Massachusetts. The objective of their audit is to determine if Massachusetts has established adequate internal controls for the oversight of public and private institutions that provide care to Medicaid beneficiaries with developmental disabilities. The audit period will include services provided to Medicaid beneficiaries with developmental disabilities during the period January 1, 2010 through June 30, 2014. The audit involves DPPC indirectly through DDS and EOHHS. The auditors are looking at specific hospital admission intake codes and compiling samples to see if the hospitalization was due to abuse, was it recognized as abuse and reported and could it have been prevented. This inquiry is directly related to the administration of the Medicaid program. A member of the audit team complimented the Massachusetts’s system and data collection capabilities in comparison to other states they are auditing. The audit should be finished around September 30, 2015. Annual Strategic Planning DPPC staff took part in an all-day Strategic Planning meeting on Thursday, September 10, 2015. The day was comprised of small groups of staff, with representation from each unit, doing team building activities that focused on and 3 encouraged participation and cooperation. The morning was spent reviewing FY2015 goals and objectives and listing individual and agency accomplishments; the afternoon was comprised of staff brainstorming and developing goals for FY2016 which cascade into individual work plans. Staff received lanyards and water bottles for their contributions in the meeting; Advisory Council members received the same for their contributions to DPPC. Bill Henning asked whether DPPC has worked with the new ANF on DPPC financial needs. Executive Director Alterio responded she had not, but had spoke with Ed Bielecki about this matter. If the Advisory Council would like to work on this, she would provide the necessary budget information to Advisory Council members. Bill added that he would schedule a meeting and asked who would like to attend. Jim said he would like to attend and asked that the meeting be in three weeks. Bill will blast an email to all members to see who will attend and asked that Jennie remind him. 8. Building Partnerships Initiative (BPI) FY16 Funding and Priorities DDS Commissioner Elin Howe is continuing to fund Building Partnerships Initiative (BPI) in the amount of $80,000. BPI FY2016 goals include: • Getting the revised MOUs signed. Substantial changes have been made that are consistent with current operating procedures. ADAs from all eleven District Attorneys’ Offices have been invited to attend a meeting on October 23, 2015 to review the finalized MOUs. Elizabeth Scheibel, BPI Co-chair and Beth Dunphy Farris, General Counsel for Hampden District Attorney will be running the meeting. Once the MOUs have been signed, Tier I trainings for law enforcement, Adult Protective Services (APS) and others will be held in each DA’s jurisdiction. In addition, the following trainings are planned: o Two statewide Protect, Report, Preserve (PRP) Trainings for Providers; o 50 Awareness & Action trainings throughout the state – 10 per region, DDS funds MASS directly for these trainings; o New local and state police recruit training at academies throughout the state; o Possibly hosting another 40-Hour Basic Investigation training for APS investigators; and o In-service training for APS. 9. National/International Requests/Reports • NAPSA Conference, FL, 9/28/15 – 10/2/15: BPI/DPPC submitted three papers to present at the NAPSA Annual Conference in Orlando, FL on September 29 – October 1, 2015. All three proposals were reviewed and accepted. The proposals include: o Jennie Edwards-Hawkins and Anne Monti – training curricula focus. o Sgt. Tim Grant and David Viens – communication, interview and investigation focus. o Nancy Alterio and Beth Farris – BPI and prosecution focus. 4 10. • King County Prosecuting Attorney’s Office, WA, 10/29/15 – DV Cases DPPC Executive Director Alterio was invited by King County Prosecuting Attorney’s Office to provide a keynote presentation at their annual conference on October 29, 2015 in Seattle, WA. • Administration for Community Living (ACL) funding of State grants “to enhance APS systems statewide, to include innovations and improvement in practice, services and data collection and reporting, as well as their technical ability to interface with ACL’s National Adult Maltreatment Reporting System (NAMRS)” ACL, within the federal office of the Department of Health and Human Services announced a new grant funding opportunity titled “State Grants to Enhance Adult Protective Services” designed to provide states one-time funding to enhance their APS systems statewide, to include innovations and improvement in practice, services, and data collection and reporting, as well as their technical ability to interface with ACL's National Adult Maltreatment Reporting System (NAMRS). Eligible applicants are the state government offices that administer the state's adult protective services and/or elder protective services program. DPPC submitted an application for funding on or about July 1, 2015. This is a two year grant in the amount of $300,000 over the two year period. It is a worthwhile project with the focus on improving access and services that address trauma for persons with developmental/intellectual disabilities. The project will involve developing training modules, cross training Rape Crisis counselors on disability issues, cross training others on trauma and providing technical assistance to Rape Crisis Centers, DDS and Riverside Trauma. This could be an adaptable program/model that can be replicated across the country. If awarded, the start date for this project is on or about October 1, 2015. Discussion ensued regarding people from various countries being victims of domestic violence and trafficking. • Voluntary Federal Guidelines for APS: Voluntary Federal Guidelines were distributed to APS agencies and others across the United States for feedback. The goal is to establish minimal voluntary standards for APS. DPPC legal unit and management team are reviewing the drafted guidelines and will submit comments. The guidelines are voluntary not mandatory. • Singapore Study Trip – October 8 and 9, 2015: A team of APS professionals from Singapore will be visiting DPPC to learn about its operations. Following a national search they choose DPPC as one of their site visits. The visitors will spend a day with DPPC and a second day with other agencies including SANE, BARCC, etc. in Boston. They will also be attending the NAPSA conference and talking to others from across the U.S. New Business/Announcements • Jim Ross commented that A&A trainings are primarily provided to people with developmental disabilities and suggested reaching out to agencies providing services to people with mental health issues. • Bill commented there is a PCA Coalition meeting on Wednesday, September 16, 2015. The PCA curriculum has been posted online. It addresses abuse 5 and neglect but not the mandated reporting piece. Bill and Jim expressed concern and added this section is resisted by a number of people. Discussion ensued regarding how to address this issue – DPPC is responsible for interpreting its own Statute and considers PCAs as mandated reporters. Bill suggested talking to Alice Moore and EOHHS Assistant to EOHHS Secretariat MaryLou Sudders who is chairing the PCA Workforce Council. Next Advisory Council Meeting is Monday, December 14, 2015 at 1:00 p.m. 11. Adjournment MOTION: VOTE: Mary Ann Brennen motioned to adjourn the meeting at 2:01 p.m. Bill Henning seconded. Unanimous to adjourn the meeting at 2:01 p.m. 6 DISABLED PERSONS PROTECTION COMMISSION Advisory Council Meeting Minutes of December 14, 2015 Members Present: DPPC Staff Present: Not Present: Handouts: • • • • • • • • Ed Bielecki, Mary Ann Brennen, Michelle Love, Jim Ross Nancy Alterio William Henning, Christine Shane, James Breen The following materials were distributed to the Advisory Council Members Meeting Agenda of December 14, 2015 Meeting Minutes of September 14, 2015 FY2017 House 2 Development Narrative – November 20, 2015 Legislative Meeting Agenda of November 10, 2015 Article – Hampden County DA Gulluni decries disability abuse, backs Gov. Baker’s opioid plan during visit to Mass. Statehouse Letter to Representative Kay Khan re. DPPC Budget Needs Summary o DPPC Budget #1 Maintenance o DPPC Budget #2 Expansion Financial Abuse Written testimony of July 14, 2015 Regarding Senate Bills 81 and 105 Resume of Susan Vickers – ALC Project Coordinator Minutes Recorded By: Nancy Alterio Ed Bielecki called the meeting to order at 1:00 p.m. 1. 2. Approval of Minutes of Meeting of September 14, 2015 MOTION: To accept minutes of September 14, 2015 as received motioned by Jim Ross and seconded by Mary Ann Brennen VOTE: Jim Ross, Mary Ann Brennen and Michelle Love accepted the minutes of September 15, 2015 as received; Ed Bielecki abstained. Administration and Finance • FY2017 House 2 Developments: DPPC completed the budget packet and submitted it as required to ANF on or about November 20, 2015 to assist them in preparing the Governor’s FY17 recommendation. The directive requires a 2% cut for Executive Branch agencies. However given DPPC is an Independent agency, it is not subject to the required 2% reduction. However, the Administration is requesting Independent agencies prepare budget packages at level funding which will equate to a cut for DPPC. DPPC submitted the budget package as requested, however in the budget narrative Executive Director Alterio requested consideration for maintenance funding. A copy of the budget narrative was reviewed with and submitted to the Advisory Board. 1 • Request from Joint Committee for Children, Families and Persons with Disabilities: Lisa Rosenfeld, Chief Counsel, contacted Executive Director Alterio on Representative Khan’s behalf to discuss DPPC budget needs. After reviewing the State Audit, Representative Khan was concerned about DPPC being unable to meet investigation timelines due to lack of resources. In addition, as there is legislation pending which would require DPPC to conduct financial abuse investigations, Representative Khan asked DPPC to submit two budget requests – one that would enable DPPC to be fully functional and timely with its investigations, and a second on the cost to conduct financial investigations. The Advisory Council Members were provided with a copy of the letter and two budget scenarios provided to Representative Khan, House Chair, Joint Committee on Children, Families and Persons with Disabilities. Representative Khan’s supplemental budget requests were presented to Representative Dempsy, Chair of Joint Ways and Means Committee, but it didn’t go anywhere. Ms. Rosenfeld suggested that Executive Director Alterio forward the narrative and budgets to Senator Flanagan, Senate Chair of Children, Families and Persons with Disabilities, who subsequently shared the information with Senator Karen Spilka, Senate Chair of the Joint Committee on Ways and Means. Executive Director Alterio appreciates that leadership is having a dialogue about the needs of DPPC and is willing to file a supplemental budget on DPPC’s behalf. Representative Khan’s office indicated that the supplemental budget would be refilled in January. Ed Bielecki discussed reaching out to Bill Henning and organizing another meeting with ANF to discuss the needs of the DPPC. Ed Bielecki requested a budget from DPPC to include the cost of ten additional staff. 3. Legislature • Legislative APS Panel Presentation – November 10, 2015: A copy of the final Legislative meeting agenda of November 10, 2015 was submitted to the Advisory Board for their review. Representative Khan’s office contacted Executive Director Alterio and asked her to organize a panel presentation to introduce the Massachusetts APS system to members of the Legislature. Representative Khan sent an invitation to the members of the House and Senate. The event was held at the State House from 11:00 a.m. until noon on November 10, 2015. Several House members and many legislative aides attended the event. Representatives from DPPC, SPDU, DA, SANE, DDS, DMH, MRC, MASS and Provider agencies provided brief presentations and/or were available to answer questions. • Article – Hampden County DA Gulluni decries disability abuse, backs Gov. Baker’s opioid plan during visit to Mass. Statehouse: District Attorney Gulluni was one of the presenters at the November 10th State House event. District Attorney Gulluni was interviewed by a reporter subsequent to his presentation and was asked follow-up questions about abuse and crimes of persons with disabilities. In addition, and not connected to the APS 2 presentation, District Attorney Gulluni was asked about the Governor’s opioid plan. A copy of the article that speaks to both issues was provided to the Board. • 4. Legislation • 5. Representative Provost Visit – December 9, 2015: Representative Provost visited the DPPC on December 9, 2015. Represented Provost was provided with a tour and a brief power point presentation followed by a round table discussion with DPPC’s leadership team. The leadership team talked about the daily work of the agency and highlighted several cases. Representative Provost is the House Chair of the newly created Disabilities Caucus. The Representative spent about two hours at DPPC. Representative Sannicandro was scheduled to be attendance as well but due to a mix up wasn’t able to make it. Most recently Representative Sannicandro announced he would not be running for re-election. Senate Bill 81and Senate Bill 105: In July 2015, Executive Director Alterio presented oral and written testimony to the Joint Committee for Families, Children and Persons with Disabilities in support of Senate Bills 81 – An Act Relative to the Protection of Persons with Disabilities and Senate Bill 105 – An Act Protecting Disabled Persons from Financial Exploitation. DPPC supports Senate Bill #105 but only with funding attached. A brief discussion ensued. A copy of the Executive Director’s written testimony was provided to the members of the Advisory Board. Ed Bielecki mentioned that MASS has been working with the members of the legislators to move Senate Bill 81 out of the Joint Committee on Children, Families and Persons with Disabilities. In December, many self-advocates went to the State House to thank the House and Senate members for their past support and reminded the members that they would see them in January. MASS will continue to advocate for the passage of Senate Bill 81. Active Shooter Training – December 1, 2015 Trooper Sean Barry conducted an assessment of the DPPC office and made a number of recommendations including Active Shooter training for staff. DPPC staff received the training on December 1, 2015, one day prior to the active shooter incident at the DDS facility in California. DPPC staff are grateful for the training. A description of the training was shared with the Board. 6. Building Partnerships Initiative (BPI) FY16 Funding and Priorities A meeting was held on Friday, October 23, 2015 to finalize the MOUs and have them signed off by the respective District Attorneys, DPPC, DDS, DMH, MRC and MSP. Nine out of the eleven District Attorney Offices were in attendance. Four of the eleven MOUs have now been signed. Three District Attorneys Offices have requested Tier I trainings; Cape and Islands, Berkshire and Norfolk. The updated MOUs will be used as the cornerstone for the Tier I trainings. Conversations are underway with Norfolk and Cape and Islands to secure a date and venue. 3 7. National/International Requests/Reports • ACL Award and Grant Activities: DPPC was awarded one of the Administration for Community Living’s (ACL) grants “To enhance APS systems statewide, to include innovations and improvement in practice, services and data collection and reporting, as well as their technical ability to interface with ACL’s National Adult Maltreatment Reporting System (NAMRS)”. DPPC was awarded $300,000 over a two year period. Out of all applications, DPPC scored high as one of the top two applicants. DPPC is hosted its first grant conference call on Monday, October 19, 2015. The grant application was written in partnership with nine other agencies. Most of the grant funding goes to other agencies to develop training curricula and policy and procedures. DPH, one of the main partners, will co-direct the project with DPPC Executive Director Alterio. The goals are to ensure that persons with disabilities who are sexually assaulted get access to trauma services, develop training modules, cross train Rape Crisis counselors on disability issues, cross train others on trauma and provide technical assistance to Rape Crisis Centers, DDS and Riverside Trauma. o Project Coordinator Hired: A project coordinator was hired to handle the day-to-day work and oversee the project. Susan Vickers was offered and accepted the ACL Project Coordinator’s position. Ms. Vickers is scheduled to begin working this week following the completion of her work with MOVA. Ms. Vickers, who received her BA from Duke University and her law degree from Harvard, has a long history of serving survivors of sexual assault. As the founder and former director of the Victims Rights Law Center, she created an innovative approach to assisting rape victims through the civil law process. More recently, Ms. Vickers has been the lead Consultant for the Massachusetts Office for Victim Assistance response to the 2013 Boston Marathon Bombings. Ms. Vickers possesses a deep understanding of the traumatic impacts of sexual assault, as well as an intimate understanding of the Commonwealth’s victim advocacy system, and her work with Marathon Bombing survivors has enhanced her experience as she advocated for reasonable accommodations for survivors with acquired disabilities. Ms. Vickers is committed to ensuring equal access to sexual assault recovery resources for all survivors, including persons with developmental disabilities, and DPPC is excited to welcome her to the project. A copy of Ms. Vickers’s resume was provided to the Board. o Meeting of December 7, 2015: The Core grant partners, DPPC, DDS, Riverside, BARCC and MASS along with Susan Vickers, met in person for the first time on December 7, 2015 to implement the grant activities. • Voluntary Federal Guidelines for APS: Voluntary Federal Guidelines were distributed to APS agencies across the United States. The goal is to establish minimal APS practices/standards. DPPC legal unit and management team reviewed the draft and submitted comments. The guidelines are voluntary not mandatory. 4 • 8. Singapore Study Trip – October 8 and 9, 2015: A team of APS professionals from Singapore visited DPPC to learn about its operations. Following a national search they choose DPPC as one of their site visits. The team of five spent a day with DPPC and a second day with other agencies including SANE, BARCC, etc. in Boston. They also attended the NAPSA conference. New Business/Announcements • Strategic Plan FFY16: Executive Director Alterio notified the Board that DPPC completed its annual plan and highlighted some of the 21 objectives including passage of Senate 81 to amend the agency’s statute, revising DPPC’s regulations, and updating many of the organization’s policies and procedures. • Scheduling of Additional Meetings: Two additional meetings were scheduled for the upcoming year: o Monday, March 14, 2016 from 1:00 to 3:00 o Monday, June 13, 2016 from 1:00 to 3:00 • MASS Update: Ed Bielecki provided a comprehensive report on the efforts of MASS and other agencies related to persons with disabilities: o MASS October 2015 annual conference contents and outcomes; o The development, role and appointments to the MASS Steering Committee; o The recruitment of a new MASS State Coordinator; o Three new hires at MASS; o The work of MASS News Flash; and o Voting forums and civic participation. Next Advisory Council Meeting is Monday, March 14, 2016 at 1:00 p.m. 9. Adjournment MOTION: VOTE: Jim Ross motioned to adjourn the meeting at 3:00 p.m., Mary Ann Brennen seconded Unanimous to adjourn the meeting at 3:00 p.m. 5 DISABLED PERSONS PROTECTION COMMISSION Advisory Council Meeting Minutes of April 12, 2016 Members Present: DPPC Staff Present: Not Present: Handouts: • • • • • • • • • Ed Bielecki, Mary Ann Brennen, William Henning, Christine Shane, Nancy Alterio, Jennifer Edwards-Hawkins Michelle Love, Jim Ross The following materials were distributed to the Advisory Council Members Meeting Agenda of April 12, 2015 Meeting Minutes of December 14, 2015 DPPC Budget Brief DPPC Written Testimony re. FY2017 Budget Hearing– February 23, 2016 Letter to Rep. Khan re. DPPC Supplemental Budget Request Summaries Letter to House Ways and Means re. Senate Bill 2168 Letter to Co-sponsors re. Senate Bill 2168 Senator Keenan Press Release re. Senate Passing Updates to DPPC Statute DPPC Comments re. MOVA Public Meeting January 26, 2016 Minutes Recorded By: Jennifer Edwards-Hawkins Ed Bielecki called the meeting to order at 9:30 a.m. 1. Approval of Minutes of Meeting of December 14, 2015 As there was no quorum, the minutes of December 14, 2015 could not be approved. 2. Administration and Finance • Legislative Visits: Representatives Provost and Sannicandro came to DPPC and met with DPPC’s leadership team. The meetings went well – Representative Provost has since met with House leadership in support of DPPC’s budget and Representative Sannicandro gave advice on how to push the budget agenda forward. • House 2 Recommendation: The House 2 recommendation level funded DPPC which means a decrease in FTEs from 32 to 31. • Ways and Means Budget Packages, Budget Hearing, Testimony and Budget Brief: Executive Director Alterio reviewed the budget brief and different budget scenarios – level funding (loss of one FTE), maintenance funding (keep at 32 FTEs), and funding needed to expand DPPC FTEs by 12 additional staff. After the release of the Governor’s recommendation, DPPC completed and submitted the required budget package and narrative for Ways 1 and Means. Ways and Means held a series of budget hearings. Executive Director Alterio testified as scheduled at the budget hearing on February 23, 2016 to members of the Ways and Means Committee. In addition to the oral testimony, the Executive Director submitted written testimony and copies of the DPPC Budget Brief. The budget package, testimony and budget brief were discussed and copies also provided to the Advisory Board. • Requested Meetings with Leadership – House Speaker, Chair SWM, Lt. Governor: A letter was sent to the Chair of SWM, Speaker of the House and Lt. Governor requesting a meeting. o Executive Director Alterio, General Counsel Westwater and Sergeant Grant met with Speaker DeLeo and an aide for about 45 minutes. As Speaker DeLeo has worked on disability issues before, Executive Director Alterio is hoping he will support DPPC. o SWM’s Chair Senator Spilka was too busy to meet with DPPC management team but DPPC was afforded the opportunity to meet with her aide. o Lt. Governor Polito was invited to DPPC. Executive Director Alterio is working with Tammy Mellow, Executive Director of the Governor’s Council on Domestic and Sexual Violence Sub-Committee, to arrange for the Lt. Governor to come out to DPPC during sexual assault month. • Supplemental Request: Representative Khan’s office again reached out to DPPC to file a supplemental on behalf of the agency. In response to her request, DPPC provided a written narrative and two budget scenarios; one supporting making DPPC whole at an increase of about $4 million and the other to expand DPPC by 12 additional staff at a cost of about $1 million. • MASS Request – Agency Expansion: MASS is advocating for DPPC budget expansion of 12 FTEs. DPPC provided MASS with a budget breakdown of about $1 million. MASS will be going to the State House tomorrow, Wednesday, April 13, 2016, to advocate for DPPC budget and legislation. Ed has also asked MDDC for their support and would like to ask other groups such as MDSC. • FY2017 House Ways and Means Budget Release – April 13, 2016: The budget number will be released tomorrow. DPPC has been working with House as well as Senate Ways and Means. DPPC hopes to receive at least maintenance funding. If DPPC does not get this, an amendment will be pursued by MASS. Sponsor and co-sponsors in support of an amendment will need to be pursued. If an amendment is filed, it needs to be voted on and supported by the House. Representative Garbally may be willing to sponsor an amendment. • ANF New Analyst’s Orientation: DPPC provided the new analyst with an orientation at the office and asked if she would advocate internally for DPPC. Orientations are provided frequently as analysts come and go on a regular basis. 2 3. Proposed Amendments to DPPC Regulations, 118 CMR and Senate Bill 2168 (Formerly Senate Bill 81): • Governor Baker issued an initiative for state agencies’ regulations to be updated. DPPC has worked aggressively over six months to make changes to the regulations. They have been filed with the Secretary of State and DPPC is holding a Public Hearing at DPPC office on Friday, April 15, 2016 to receive public comments. The Public Hearing Notice was posted in the Boston Globe but no responses have been received. • Senate Bill 81 came out of Children and Families favorably. As there were some minor changes made, the bill is now Senate Bill 2168. The bill looks to update the language used in the statute whereby using people-first language, changing the name of the agency to Commission for the Protection of Persons with Disabilities (CPPD) and making it consistent with current operations. Currently the bill is stalled in House Ways and Means and likely due to the focus on the budget. Once the budget process in the House is finished, DPPC will refocus on it. Letters have been sent to HWM asking for them to report out favorably. Ed said he would ask Bridget to send letters on behalf of selfadvocates. Senator Keenan who filed the Senate Bill sent out a press release and quoted Patty Quatieri, who works for MASS. 4. Building Security Assessment and Implementation of Recommendations: As a result of the State Police report regarding the building security assessment conducted at DPPC office, DPPC will make necessary renovations to address the findings. 5. ACL Grant Project Implementation: This is an exciting project with 12 agencies working together. DPPC applied for federal grant to provide enhanced access to trauma-informed services at RCCs for sexual assault survivors with developmental/intellectual disabilities. It is a complex project with many issues that need to be addressed such as communication, transportation, third party participation, expanded counseling sessions, confidentiality and privacy rules, etc. RCCs want to serve people with intellectual and developmental disabilities but feel they need more training. Also, additional therapeutic modalities used at RCCs may need to be changed. Policies and procedures regarding guardianship, accommodations, etc. are being drafted by a sub-committee led by BARCC. Riverside is developing the training curriculum. The plan is to conduct four trainings to be held regionally through the state in the fall. The core group has identified people who should attend the training. This grant is focused on people with intellectual and developmental disabilities. DPPC would also like to see funding available for a trauma informed organization to identify, train and maintain a list of behavioral therapists qualified to work with sexual assault victims with disabilities. 6. MOVA Public Hearings, DPPC’s Testimony and Request: MOVA received additional federal funds which will be made available for grant funding. MOVA held public hearings in an effort to identify the gaps and unmet needs of victims. DPPC provided oral and written testimony at one of the MOVA hearings in Worcester on January 26, 2016. Executive Director Alterio met with MOVA 3 Executive Director Lowney to see if they would fund victim advocates at DPPC to work specifically with sexual assault victims with disabilities and help them get the supports they need. Bill added that this is important because he knows people who have had problems accessing the system. Additionally, Executive Director Alterio has emailed RCCs encouraging them to apply for MOVA funds to enhance their respective resources to enable RCCs to effectively serve persons with intellectual and developmental disabilities. MOVA funding could potentially help support the ACL grant objectives. 7. State/National/International Projects and Training Updates • DCF/DPH Focus Groups – DPPC to Facilitate: When the Governor released his budget recommendation he recommended the DCF domestic violence contracts be moved to DPH. The emphasis is for DCF to focus on investigations and not contracts. Currently DPH oversees the contracts for Rape Crisis Centers (RCCs). As often RCCs and DV programs are offered through a parent organization, it makes sense for them to be overseen by DPH as well. As a result of the recommendation, DCF and DPH are working together to rewrite the RFRs and are holding a series of facilitated discussion across the state to gain insight into the needs and gaps. Of the about 30 facilitated discussion groups, there will be three disability-focused groups. DPPC was asked and agreed to facilitate the group comprised of providers. Triangle will facilitate the group for persons with disabilities and Worcester RCC will facilitate the group for the deaf and hard of hearing. The DPPC focus group meeting will follow the ACL meeting on April 27. DCF and DPH are working on developing questions to be asked at all the facilitated meetings. When the RFR is written they are looking to ensure that the needs of persons with disabilities are addressed in the DV and RCC applications. DV and RCCs could potentially receive increased funding to meet the needs of people with disabilities. Ed would like to go to the Triangle meeting with Patty. Bill may want to go to the provider meeting at DPPC. • Brandies – A research protocol to respond to sexual abuse disclosures: Brandeis is working on a research paper to develop a protocol on how to respond to sexual abuse disclosures. The researchers are working with individuals with developmental disabilities, who are pregnant or who had a baby in the last year, and investigating the health of these individuals and the services made available to them. Because of the vulnerability of this population, they are aware of the possibility of abuse and want to ensure they have the correct protocols in place if/when they come across this situation. When researchers interview candidates they want to know what to do if an individual discloses they were the victim of abuse. They asked DPPC to coauthor a protocol with them. This is a project where researchers and practitioners are working together to inform the end product. Ed asked whether the project had been advertised and peer reviewed and added MASS does not support projects unless they are peer reviewed or approved by DDS. Executive Director Alterio responded they are working with UMass Medical School and went through the RIB process. Bill commented that this is an extensive review process. 4 • SANE Request – Facilitating Adolescent Task Force: The MA SANE Program has pulled together an Adolescent Taskforce to review SANE protocols for teens (12 – 17 years) to ensure that they provide the most developmentally appropriate care for this age group of patients. The taskforce includes - prosecutors, law enforcement officers, CAC directors, Rape Crisis Directors as well as representatives from DCF, Boston and State Police Crime Lab, Victim Rights Law Center, DPH Legal Department and the MA SANE Program. Executive Director Alterio was asked and agreed to facilitate the Taskforce due to her neutrality. • Tier I – Investigation Training: Three Tier I trainings have been scheduled for: o Middlesex District Attorney at the Hampton Inn, Natick on May 24, 2016 o Cape & Islands District Attorney at the Resort and Conference Center at Hyannis on June 1, 2016 o In process of scheduling Tier I with Norfolk District Attorney’s Office • Basic Investigation Training: The Basic Investigation Training for newly hired MA APS investigators will be held at DPPC on June 6-9, 2016. There are 12 new investigators. • Protect, Report, Preserve Training: Two PRP trainings have been scheduled for: o Hampden District Attorney at the Log Cabin on May 19, 2016 o Cape & Islands District Attorney at the Resort and Conference Center at Hyannis on June 2, 2016 • Florida – A&A Train the Trainer: Florida wants to implement A&A training teams and has asked DPPC to train their trainers so they can replicate the training in Florida. A Florida training team will observe an A&A training by Central team on April 28, 2016 and then participate in a Train the Trainer session at DPPC on April 29, 2016. Jennie Edwards-Hawkins and Anne Monti will train the team. • Colorado – Replication Training: Colorado recently passed legislation regarding APS and mandatory reporting. Executive Director Alterio, Sergeant Grant and Legal Counsel Dunphy Farris will provide one-day training on the Massachusetts APS system on April 29, 2016 in Aurora, Colorado. • ARC – Drafting National Background Check Legislation: Arc wants an abuse registry and contacted DPPC. Executive Director Alterio reached out to NAPSA to form a working group from across the country to identify what states have an APS registry and to identify the pros, cons and costs. Triangle is also looking for DPPC to reinstate background checks. However, due to resources, this is unlikely as DPPC needs all the resources going towards the day-to-day business. Discussion ensued. • NAPSA – Research Committee, Registry Fact Finding Sub-Committee: NAPSA asked DPPC to join their Research Committee as they only have elder-focused members and need members with experience in the disability 5 field. DPPC, UMass/Brandeis/Harvard researchers have agreed to join the committee. 8. New Business/Announcements: Ed is resigning as of June 30, 2016. MASS Board is doing a search for his replacement. 9. Adjournment MOTION: VOTE: Bill Henning motioned to adjourn the meeting at 10:50 a.m., MaryAnn Brennen seconded Unanimous to adjourn the meeting at 10:50 p.m. 6 DISABLED PERSONS PROTECTION COMMISSION Advisory Council Meeting Minutes of June 13, 2016 Members Present: DPPC Staff Present: Remote Participation: Not Present: Handouts: • • • • • • Ed Bielecki, Jim Ross Nancy Alterio, Jennifer Edwards-Hawkins Mary Ann Brennen, William Henning, Michelle Love, Christine Shane The following materials were distributed to the Advisory Council Members Meeting Agenda of June 13, 2016 Meeting Minutes of April 12, 2016 Meeting Minutes of December 14, 2015 DPPC Budget Recommendations FY2017 DPPC State Budget Conference Committee Members DPPC/BPI Trainings Minutes Recorded By: Jennifer Edwards-Hawkins Ed Bielecki called the meeting to order at 9:30 a.m. Jennie stated Michelle Love sent her apologies as she was unable to make the meeting; Christine Shane did not respond to the email reminders. 1. Approval of Minutes of Meeting of December 14, 2015 MOTION: VOTE: 2. Approval of Minutes of Meeting of April 12, 2016 MOTION: VOTE: 3. Jim Ross motioned to approve the meeting minutes of December 14, 2015 as presented, Mary Ann Brennen seconded Unanimous to approve the meeting minutes of December 14, 2015 as presented, with Bill Henning abstaining. Bill Henning motioned to approve the meeting minutes of April 12, 2016 as presented, Mary Ann Brennen seconded Unanimous to approve the meeting minutes of April 12, 2016 as presented, with Jim Ross abstaining. DPPC Welcomes New Commissioner: James T. Brett has been appointed as the new Chairperson to Commission. Commissioner Brett will replace Gail Varrasso whose term had expired. Commissioner Brett is on the Governor’s Council for Intellectual/Developmental Disability as well as President’s Commission on Disability and has made significant contributions in the disability field. 1 4. Administration and Finance • FY2017 Budget Recommendations and Next Steps: Advisory Board Members received copies of the budget recommendations; HWM budget recommendation would support an additional FTE; SWM budget recommendation would support an additional 4-5 FTEs. The budget is currently with Conference Committee. • MASS Advocacy: Executive Director Alterio thanked MASS for their advocacy and appreciates their efforts. MASS flyer has been disseminated asking for support of the Senate budget recommendation. MASS has hired Caroline vanBruinswaardt, Executive Director and Louise Gorham, MASS training coordinator. They will be visiting DPPC for introductions and orientation. Jim suggested inviting the new director to the Advisory Board. Ed responded that he will stay on Advisory Board but will also ask Caroline vanBruinswaardt to join DPPC’s Advisory Board. 5. Proposed Amendments to DPPC Regulations and Statute: The bill is to update the language used in the statute using people-first language, changing the name of the agency to Commission for the Protection of Persons with Disabilities (CPPD) and making it consistent with current operations. Currently the bill is stalled in House Ways and Means likely due to their focus on the budget. Ed said he would call Representative Bradley’s office and also ask other people to call their representatives. DPPC Regulations have been changed but DPPC is waiting to see if Statute passes to see if further updates are required to reflect statutory changes before being filed. 6. Building Security Assessment and Implementation of Recommendations: As a result of the State Police report regarding the building security assessment conducted at DPPC office, DPPC is in the process of implementing necessary renovations such as inclusion of bullet resistance glass, separate entrance to interview room and installing cameras to address the findings. Permits have been obtained and work will be completed by June 30, 2016. 7. Administration for Community Living (ACL) Grant Project Implementation: This is an exciting project with 12 agencies working together to enhance access to trauma services for victims with intellectual/developmental disabilities. The core working group meets monthly. Guidelines regarding guardianship, accommodations, etc. are being drafted by sub-committee led by BARCC. Riverside is developing the training curriculum with four regional trainings being held in the fall. Ed stated he would like to see families involved in this project as they also need training; he will call the chair of MASS Families Organizing for Change (MFOFC). 8. State/National/International Projects and Training Updates • DCF/DPH Focus Groups – DPPC to Facilitate: DCF and DPH are working together to rewrite their RFRs and held a series of facilitated discussion across the state to gain insight into the needs and gaps. DPPC was asked and agreed to facilitate the group comprised of providers that serve persons with disabilities on April 27 to be held at DPPC. 2 • • • • • • • • Florida - A&A Train the Trainer: Florida wants to implement A&A training teams and asked DPPC to train their trainers so they can replicate the training in Florida. A Florida training team observed an A&A training by Central team on April 28, 2016 and then participated in a Train the Trainer session at DPPC on April 29, 2016 led by Jennie Edwards-Hawkins and Anne Monti. Colorado – Replication training: Executive Director Alterio, Sergeant Grant and Hampden District Office’s Legal Counsel Dunphy Farris presented at a one-day training on the Massachusetts APS system on April 29, 2016 in Aurora, Colorado. ARC – Drafting National Background Check Legislation: Arc wants an abuse registry and contacted DPPC to assist in drafting legislation. The work on the draft bill has seemed to stall likely due to the needs of the budget process. NAPSA – Registry Fact Finding Sub-Committee: Executive Director Alterio reached out to NAPSA to form a working group from across the country to identify what states have an APS registry and to identify the pros, cons and costs. The information will help to inform the Arc and others of what is out there to determine if there is model legislation and the costs to implement such a program. ACL Voluntary Consensus Guidelines for State Adult Protective Services: APS guidelines were drafted and feedback collected. Executive Director Alterio has been invited to join an expert working group to analyze the drafted guideline and feedback. This is a short term project taking place over the summer months. Governor’s Commission on Sexual and Domestic Violence, June 20, 2016: Executive Director Alterio was asked to serve on the committee which Lt. Governor Polito chairs and Tammy Mellow serves as Executive Director. The first meeting will be held on June 20, 2016. Sexual Assault Nurse Examiner (SANE) Program Board Meeting, June 13, 2016: Executive Director Alterio serves on the SANE Board. o SANE Adolescent Task Force: The MA SANE Program has pulled together an Adolescent Taskforce to review SANE protocols for teens (12 – 17 years) to ensure that they provide the most developmentally appropriate care for this age group of patients. Executive Director Alterio was asked and agreed to facilitate the Taskforce due to her neutrality. To date three meetings have been held with a fourth scheduled for next week. BPI Updates: o Tier I – Investigation Training: Three Tier I trainings were conducted:  Norfolk District Attorney – Lombardo’s, Randolph on May 17, 2016  Middlesex District Attorney – Hampton Inn, Natick on May 24, 2016  Cape & Islands District Attorney – Resort and Conference Center at Hyannis on June 1, 2016 o Protect, Report, Preserve Training: Two trainings were conducted  Hampden District Attorney – the Log Cabin on May 19, 2016  Cape & Islands District Attorney – Resort and Conference Center at Hyannis on June 2, 2016 o Basic Investigation Training: The Basic Investigation Training for newly hired MA APS investigators was conducted at DPPC on June 6-9, 2016 for 12 new investigators. o Steering Committee Meeting, June 10, 2016: DDS Commissioner Howe has agreed to continue to fund BPI and also A&A trainings. 3 9. Scheduling Additional Advisory Council Meetings: The Advisory Board agreed to continue with four meetings a year (September, December, March, June), Mondays are good, 1:00-3:00 p.m. works well, and to hold them the second or third Monday of the month. Jim suggested holding three regular meetings and have a fourth meeting with the Commissioners. Executive Director Alterio will follow up with the Commissioners. Jim also suggested Anne Monti and MASS training coordinator joining the meeting as well. Ed discussed idea of forming a legislative sub-committee which he would lead. 10. New Business/Announcements: Ed is resigning as of June 30, 2016. Caroline vanBruinswaardt will be asked to serve on the Advisory Board. Ed will continue on the Board. 11. Adjournment MOTION: VOTE: Jim Ross motioned to adjourn the meeting at 1:30 p.m., Mary Ann Brennen seconded Unanimous to adjourn the meeting at 1:30 p.m. 4 Commonwealth of Massachusetts Disabled Persons Protection Commission Meeting Minutes ° Meeting: DPPC Advisory Council Meeting Date: September 19, 2016 Start/End Time: 1:00-3:00 Location: 300 Granite Street, Suite 404, Braintree, MA Meeting Participants: X Name X Nancy Alterio Ed Bielecki Mary Ann Brennen Jennifer Edwards-Hawkins Louise Gorham X X Agency X Name Meeting Participants DPPC William Henning Michelle Love Jim Ross DPPC Christine Shane MASS Caroline vanBruinswaardt Agency BCIL Advocates, Inc. Fitchburg Univ. MASS Call in Participants: X X X Handouts: Name Mary Ann Brennen William Henning 2. Agency Fitchburg Univ. Meeting Agenda of September 19, 2016 Meeting Minutes of June 13, 2016 DPPC FY2017 Spending Plan and FY2018 Maintenance NAPSA Abuse Registry Ad Hoc Committee Progress Report Meeting Minutes # 1. Agency X Name Meeting Participants X Jim Ross BCIL X Christine Shane Topic Approval of June 13, 2016 Minutes MOTION: Welcome to New members • • VOTE: Items and Meeting Notes Jim Ross motioned to approve the meeting minutes of June 13, 2016 as presented, Mary Ann Brennen seconded. Unanimous to approve the meeting minutes of June 13, 2016 as presented, with Christine Shane abstaining. Nancy opened the meeting and thanked everyone for attending. Nancy introduced and welcomed Louise Gorham, MASS Training Coordinator, who was representing new member Caroline vanBruinswaardt, MASS Executive Director. Page 1 of 4 DPPC Advisory Council Meeting # 3. Topic Nomination of Advisory Board • • Items and Meeting Notes Open Meeting Law requires the Chairperson to attend the meeting in person. If they are not able to be present, another member needs to be identified as chair. A new chairperson needs to be elected with a commitment of at least one year. MOTION: VOTE: 4. FY2017 Budget Appropriation, Next Steps and FY2018 Cap Jim Ross was pleased to step in as Chair for the first year of a rotating chair-ship. Jennie will email meeting dates to members. • Two amendments were filed to increase FTEs. DPPC’s recommendation was increased slightly through the HWM recommendation. MASS advocated to increase FTEs resulting in DPPC staffing increasing from 32 to 33. DPPC posted an Oversight Officer position. The posting closed on Thursday, September 15, 2016, with almost 100 resumes submitted. Goal is to have person on board by the end of October. ANF requested a spending plan for FY2017 and a summary of FY2018 needs. Advisory Board members received a copy of the letter outlining the FY2017 Spending Plan and FY2018 needs. DPPC requested additional funds for FY2018 due to increases in reports and high caseloads. This is the first step in the budget process. The outline helps the Governor’s budget recommendations in January. FY2018 CAP is a budget number that state agencies need to work within. The number varies from year to year. There was no CAP directive this year, just a request for what DPPC needs to maintain. DPPC submitted that number and also asked for additional consideration due to increases. Discussion ensued regarding NIJ grant that funded Vera Institute to research number of cases referred to District Attorneys’ Offices, number of cases prosecuted and the findings. MDAA submits an annual report to legislature with number of cases prosecuted and their findings. DPPC does not track results as it is difficult to collect information. DPPC Regulation changes have been adopted. A public hearing was held and written and oral comments received. The amendments were updated and simplified to reflect current practices. • • 5. Amendments to DPPC Regulations • 6. Senate Bill 2168 • • • Administration for Community Living Bill Henning motioned to nominate Jim Ross as DPPC Advisory Board Chairperson, Mary Ann Brennen seconded. Unanimous to accept nomination of Jim Ross as DPPC Advisory Board Chairperson. • • • 7. September 19, 2016 • The bill was modified so the number changed. This housekeeping bill which has been updated to be consistent with current operations, has moved further than in previous years and came out favorably from DCF and SWM. DPPC managers met with the Speakers of the House to discuss DPPC’s budget and SB 2168. DPPC is concerned the Bill may die in HWM. MASS also advocated on DPPC’s behalf. The Governor’s Council on Domestic and Sexual Violence asked and received a copy of the legislation. If the bill does not pass, DPPC is already working on filing the bill again next year. ACL awarded DPPC a federal grant in the amount of $300,000 over a two year period. The goal is to improve access to trauma-informed services for sexual assault victims Meeting Minutes of September 19, 2016 Page 2 of 4 DPPC Advisory Council Meeting # Topic (ACL) Grant Project Implementation • • • 8. State/National/ International Project and Training Updates • • • September 19, 2016 Items and Meeting Notes with intellectual/developmental disabilities. The project involves 12 partners who meet on a monthly basis. An ACL core group consisting of DPPC, BPI, DDS, DPH, MASS, Riverside Trauma Services and BARCC has been formed. o A BARCC-led subcommittee meets bi-monthly to develop guidelines to ensure Rape Crisis Centers (RCCs) are accessible for persons with disabilities. The guidelines address issues/concerns such as third party, guardianship, communication, access, transportation, etc. o Riverside Trauma developed a training outline for four regional cross disciplinary trainings to be held in the fall for DPPC, DDS, RCCs, SANE, MASS and others. Selfadvocates are involved in the project and assisting with planning the training. o Liaisons from Victim Compensation will attend all four trainings. o Other agencies such as MOVA and Victim Rights Law Center will provide outreach materials for dissemination. o DPH doubled the number of RCC sessions for sexual assault victims with I/DD and re-wrote their RFRs to enhance access to persons with disabilities. DPPC submitted a request to MOVA for VOCA funds to hire Protective Service Advocates (PSA) to work on these cases. NAPSA – Registry Fact Finding Sub-Committee: o An initial survey of all states was conducted to identify those that have an adult abuse registry. 48 out of 51 responded (including Washington, DC), with twenty states identifying themselves as having a registry. o A second follow-up electronic survey will be conducted to collect some more basic information such as location, staffing, cost, who/what is on registry, user rights, notification and more. The survey has been drafted and should be finalized within the next three weeks. o Finally, telephone interviews will be conducted to obtain answers to some more complex questions that are difficult to ask via an electronic survey. o Advisory Council members received a copy of the NAPSA Abuse Registry Ad Hoc Committee Progress Report. o It is hoped that a draft report should be available by Spring/Summer 2017. ACL Voluntary Consensus Guidelines for State Adult Protective Services (APS) Programs – Expert Working Group o The working group, comprised of about 18 people from across the country, met to revise the drafted guidelines. The work has been completed and the Guidelines are scheduled for release shortly. BPI Updates: o Tier I – Investigation Training: MOUs were revised in 2016 with seven District Attorneys signing the new version. As they sign on, the DA’s are hosting trainings for law enforcement and others within their jurisdiction. Four trainings have been conducted in Cape & Islands, Hampden, Middlesex and Norfolk Counties. BPI CoChairs are currently working with Suffolk, Worcester, Berkshire and Essex DA’s to plan Tier I trainings. o Awareness and Action trainings are continuing for persons with disabilities. MASS has a new Executive Director – Caroline vanBruinswaardt. Meeting Minutes of September 19, 2016 Page 3 of 4 DPPC Advisory Council Meeting # 9. Topic New Business/ Announcements • • • 10. Adjournment September 19, 2016 Items and Meeting Notes The next Advisory Council meeting is scheduled for December 19. Jim Ross asked if the meeting could be changed to December 12, as he is unable to attend. Jennie will send an email reminder regarding the next meeting date/time. Jim explained to Louise the “Widening the Circle” initiative that he and MaryAnn Brennen have worked on. The initiative works on helping people improve friendships/ relationships to keep people safer. They would like to pass on this training to MASS. Joan Low, Barbara Bandolfi, MaryAnn Brennen and Jim Ross will be meeting to discuss further. There will be a free “Widening the Circle” Train the Trainer training on October 13th at Northeast Arc, Danvers from 10:00 a.m. – 2:00 p.m. Several trainers have already completed this training. Jim will send Jennie and Louise the training flyer. MOTION: VOTE: Bill Henning motioned to adjourn the meeting at 2:07 p.m., Mary Ann Brennen seconded. Unanimous to adjourn the meeting at 2:07 p.m. Action Items: # 1. 2. 3. Action Item Email Advisory Council - December meeting date/time Email Advisory Council - 2017 meeting dates/times Email Advisory Council - Widening the Circle Train the Trainer flyer Meeting Minutes of September 19, 2016 Page 4 of 4 Owner Jennie Jennie Jim Ross Deadline Status Completed Completed Commonwealth of Massachusetts Disabled Persons Protection Commission Meeting Minutes Meeting: DPPC Advisory Council Meeting Date: December 12, 2016 Start/End Time: 1:00-3:00 Location: 300 Granite Street, Suite 404, Braintree, MA Meeting Participants: X Name X X Nancy Alterio Ed Bielecki Mary Ann Brennen Jennifer Edwards-Hawkins William Henning X Agency X Name Meeting Participants DPPC Michelle Love Advocate/Parent X Jim Ross Citizen Christine Shane DPPC Caroline vanBruinswaardt BCIL Agency Advocates, Inc. Parent Fitchburg Univ. MASS Call in Participants: X X Handouts: Name Mary Ann Brennen 2. Agency Advocates, Inc. Meeting Agenda of December 12, 2016 Meeting Minutes of September 19, 2016 Meeting Minutes # 1. Agency X Name Meeting Participants Citizen X Michelle Love Topic Approval of September 19, 2016 Minutes FY2017 Budget Appropriation and State Budget Deficit MOTION: VOTE: • • • Items and Meeting Notes MaryAnn Brennen motioned to approve the meeting minutes of September 19, 2016 as presented, Jim Ross seconded. Unanimous to approve the meeting minutes of September 19, 2016 as presented, with Michelle Love and Ed Bielecki abstaining. DPPC’s recommendation was increased slightly through the HWM recommendation. MASS advocated to increase FTEs resulting in DPPC staffing increasing from 32 to 33. Due to the state budget deficit, Governor Baker is looking to make cuts. DPPC has not been affected so far. It does not appear that the cuts to other agencies affect DPPC or the investigations units of DDS, DMH or MRC. The FY2018 Governor’s Recommendation comes out in January. DPPC management Page 1 of 4 DPPC Advisory Council Meeting # Topic • • • September 19, 2016 Items and Meeting Notes team is working on this and sent a letter to ANF outlining DPPC needs for FY2018. DPPC requested additional funds for FY2018 due to increases in reports and high caseloads. An assessment was conducted to determine what DPPC would require to meet investigative timelines, address increases in abuse reports and to reduce caseloads. DPPC would require an additional $4 million to be fully funded. DPPC asked for at least maintenance but asked the Administration to consider an additional $1 million to address the overall increases and high caseloads. There is still a backlog of over 500 overdue reports. Compliance Officers also carry a caseload of 250. The question was raised as to whether the increase in reports is due to changes in eligibility. DDS investigators now have an increased population to serve – people on the Autism spectrum and people with acquired brain injuries (ABI). Agency eligibility has no bearing on DPPC’s jurisdiction. DPPC tracks all cases and feels the increase is due to awareness rather than eligibility changes. Ed added that self-advocacy, shared living and self-determination may also have an impact on the increase in numbers. Jim asked when the MASS Executive Director might be returning to the Advisory Board. Nancy will follow up with MASS. 3. Personnel • Due to an increase in the budget, DPPC was able to hire a new Oversight Officer. As there were concerns about 9C cuts, DPPC delayed the hiring. DPPC now has a staff of 33 FTEs. 4. DPPC Enabling Statute and Senate Bill 2168 • Senate Bill 2168, which amends DPPC’s statute, was reported out favorably from the Department of Children, Families and Persons with Disabilities and SWM but remains in HWM. The bill is currently in informal session and DPPC continues to advocate for its passage. If the bill does not pass, DPPC is already working on filing the bill again next year. DPPC met with Representative Sean Garballey who will file the bill in the House; Senator Keenan will file on the Senate side. Filing in both the House and Senate may have a positive impact. Jim asked if there was anything else that could be done so it would pass and not have to be refiled. Advisory Board members could encourage people to contact their Reps and ask them to support the bill. Information on Senate Bill 2168 will be forwarded to the Council. Ed added he would be working at the State House once a month and is meeting with Karen Spilka so will discuss Senate Bill 2168. Ed also offered to volunteer and help MASS with State House advocacy. As Ed is concerned about the direction of self-determination and DPPC funding, he talked about setting up a sub-committee. He will discuss this with Caroline. 5. BPI Updates • BPI Updates: o BPI Steering Committee meeting was held at MDAA on December 6, 2016. Katherine Gallant, DMH new Director of Investigations attended the meeting. o Tier I – Investigation Training: MOUs were revised in 2016 with seven District Attorneys signing the new version. As they sign on, the DA’s are hosting trainings for law enforcement and others within their jurisdiction. Tier I training has been scheduled for Bristol county on March 30, 2017; dates are being finalized for Suffolk and Worcester counties; and continued efforts are being made to schedule trainings in Berkshire and Essex counties. o A statewide in-service training has been scheduled for APS investigators on April 4, 2017 at UMass Medical School in Shrewsbury Meeting Minutes of December 12, 2016 Page 2 of 4 DPPC Advisory Council Meeting # 6. Topic Administration for Community Living (ACL) Grant Project Implementation Items and Meeting Notes • • • • • 7. Real Lives Law Meeting and Financial Abuse Training • • • 8. Westfield State September 19, 2016 • Regional Trainings: Four regional trainings scheduled in Metro Boston, Northeast, Central/West, and Southeast were completed. Lt. Governor Polito spoke at the Northeast training in Chelmsford on September 29, 2016. Middlesex District Attorney Marian Ryan was also in attendance. DPPC will host/sponsor calls or in person meetings approximately every other month for the remainder of the grant for RCCs, DDS, Victim Compensation liaisons, etc. o Patty’s Story: Patty Quatieri provided her survivor story at Metro Boston and Northeast trainings and Leigh Ann provided her survivor story at the Southeast training. A video of Patty’s story was recorded and played at the Central/West training. The recording can be used at future trainings when Patty is not available. A link to Patty’s Story will be sent to the Council. Guidelines for RCCs: Guidelines have been drafted to assist Rape Crisis Centers (RCCs) in working more effectively with persons with disabilities. The guidelines, which address issues such as third party participation, guardianship, communication and accommodations for persons with disabilities, were drafted and sent out for peer review. A law firm (pro bono) is reviewing the drafted guidelines to ensure the document is in compliance with any applicable laws. Once the guidelines are finalized, trainings will be conducted for RCCs. DPPC submitted a request to MOVA for VOCA funds to hire Protective Service Advocates (PSA) to work on these cases. DPPC will apply for funding should additional ACL funds become available. NAMRS: NAMRS is the first national data system that will capture APS data. About 4849 states are participating and will be submitting data. As NAMRS can only receive data from one agency per state and given Massachusetts is a bifurcated state, DPPC and EOEA are working together to combine the data to upload from a single source. The target date for uploading the data is January 2017. As required through the passage of the Real Lives law, DDS formed an Advisory Board of about 23 members. DPPC Executive Director was appointed to chair the Board which works to advance self-determination and self-directed funding options and services for individuals with developmental disabilities served by DDS. The Real Lives law requires that DDS staff and others receive training on the law and on financial abuse. In partnership with DPPC, DDS developed an online training to introduce the Self-Determination program. Two half-day trainings titled, “Investigating Financial Abuse and Financial Exploitation” were held at DPPC on November 16, 2016. Participants included APS investigators and staff from DPPC, DDS, DMH and MRC. The training included information on financial abuse and reporting to DPPC. The training was developed by the DPPC legal unit, the Inspectors General’s Office, Suffolk District Attorney’s Office, the Auditor’s Office and DDS. The Fraud training was also provided to the Real Lives Advisory Board on Wednesday December 7, 2016. Under the Real Lives Law, DPPC is also required to report quarterly to the State Auditor’s Office and annually to the legislature on any reports of financial abuse involving individuals participating in self-determination. This has created some additional work for DPPC. DPPC received a letter from Westfield State University announcing they had added a Meeting Minutes of December 12, 2016 Page 3 of 4 DPPC Advisory Council Meeting # 9. Topic University National Projects Items and Meeting Notes new course on Mandatory Reporting to their syllabus. • • 10. New Business/ Announcements • • 11. Adjournment September 19, 2016 NAPSA – Registry Fact Finding Sub-Committee: o The committee finalized questions for the second survey which will be sent out in January to the 20 states that identified themselves as having an APS abuse registry. The second survey will collect information on location, staffing, cost, who/what is on registry, user rights, notification, etc. o Subsequent to the second survey, an interview survey will be conducted to obtain answers to more complex issues that are unlikely to be answered through an electronic survey. Eventually, the findings will be presented in a written report. o Arc drafted a bill for a MA Abuse Registry. As more data is needed, it would be beneficial to get the results from the Fact-Finding committee before filing the bill. ACL Voluntary Consensus Guidelines for State Adult Protective Services (APS) Programs – Expert Working Group: o The APS Guidelines were completed and are available online. DPPC managers reviewed them to make sure DPPC was consistent with the APS Guidelines. DPPC Executive Director assisted, along with many others across the country, to finalize the Guidelines. A link to the Guidelines will be forwarded to the Council. The next Advisory Council meeting is scheduled for March 6, 2017 from 1:00-3:00 p.m. An email reminder regarding the next meeting date/time will be sent to the members. Ed Bielecki will be training new dentists at Harvard and Tufts on working with adults with intellectual and developmental disabilities. He is hoping to add Boston University dental program. MOTION: VOTE: Ed Bielecki motioned to adjourn the meeting at 2:10 p.m., Michelle Love seconded. Unanimous to adjourn the meeting at 2:10 p.m. Action Items: # 1. 2. 3. 4. 5. 6. Action Item Email Advisory Council – email Outlook reminder re. 2017 meetings Email Advisory Council – online link to Patty’s Story Email Advisory Council – informational flyer for dissemination to Reps. Email Advisory Council – online link to ACL/APS Guidelines Ed will discuss State House advocacy with MASS Email Advisory Council – Widening the Circle Train the Trainer flyer Meeting Minutes of December 12, 2016 Page 4 of 4 Owner Jennie Jennie Jennie Jennie Ed Jim Ross Deadline Status Completed Completed Completed Completed Completed Commonwealth of Massachusetts Disabled Persons Protection Commission Meeting Minutes Meeting: DPPC Advisory Council Meeting Date: March 6, 2017 Start/End Time: 1:00-2:08 p.m. Location: 300 Granite Street, Suite 404, Braintree, MA Meeting Participants: X Name X X X Nancy Alterio Mary Ann Brennen Jennifer Edwards-Hawkins William Henning Agency X Name Meeting Participants DPPC Michelle Love Citizen X Jim Ross DPPC Christine Shane BCIL Caroline vanBruinswaardt Agency Advocates, Inc. Parent Fitchburg Univ. MASS Call in Participants: Handouts: X Name X Caroline vanBruinswaardt # Agency BCIL Meeting Agenda of March 6, 2017 Meeting Minutes of December 12, 2016 Summary of House Docket 2324, Senate Bill 52 Proposed DPPC Amendments List of House Members signed on to House Docket 2324 List of Senate Members signed on to Senate Docket 1248 DPPC Budget Brief FY2018 DPPC FY2018 Joint Committee on Ways and Means Maintenance Plan Narrative FY2018 Ways and Means Hearing Schedule Governor’s Budget Recommendation Meeting Minutes 1. Agency X Name Meeting Participants MASS X William Henning Topic Approval of December 12, 2016 Minutes Items and Meeting Notes MOTION: VOTE: MaryAnn Brennen motioned to approve the meeting minutes of December 12, 2016 as presented; Jim Ross seconded. Unanimous to approve the meeting minutes of December 12, 2016 as presented, with Bill Henning and Caroline vanBruinswaardt abstaining. Page 1 of 5 DPPC Advisory Council Meeting # 2. Topic FY2018 Budget Developments • • • • 3. DPPC Enabling Statute – House Docket 2324 and Senate Bill 52 • • 4. National Projects • September 19, 2016 Items and Meeting Notes Governor’s Recommendation – The House 1 recommendation does not include STEP and cost of living increases as the contract has not yet been ratified. The contract for these ends in FY2017 and projected costs to cover the new contract is approximately $50,000. Ways and Means Maintenance Narrative and Hearing – o The Joint Ways and Means package was completed and submitted accordingly. The Executive Director’s narrative, which accompanied the package, highlighted DPPC’s milestones, needs and suggestions for expansion. A copy of the narrative was provided to the Advisory Board members. o The Joint Committee on Ways and Means released their budget hearing schedule for March 20, 2017. DPPC Executive Director is scheduled to testify on behalf of the agency’s budget on March 20, 2017 in Worcester. Unlike most previous years, DPPC is not scheduled with EOHHS agencies such as DDS, MRC, DCF and MCDHH but instead is scheduled with Public Safety. Senator Barrett’s Advocacy – Budget Brief: Senator Barrett is seeking an additional one million in funding for the DPPC. An increase of one million would enable DPPC to hire about 13 additional staff including investigators, oversight officers and hotline operators. As requested, DPPC provided Senator Barrett with a budget detailing the additional expenditures with a million dollar increase along with a revised copy of the DPPC Budget Brief. A copy of the Budget Brief was provided to the Advisory Board members. Executive Director Alterio added that Ed Bielecki had said he would reach out to MASS Executive Director, Caroline vanBruinswaardt, to discuss advocating at the State House for DPPC budget. Caroline responded she had not heard from him. However, Patty Quatieri, self-advocate, met with all members who signed onto DPPC legislation using both MASS and personal time. DPPC’s bill, An Act updating terminology and investigative practices related to the protection of persons with disabilities, has been filed. The bill was concurrently filed on DPPC’s behalf in the House and Senate by Representative Sean Garballey (House Docket 2324) and Senator John Keenan (Senate Bill 52) respectively. A bill number still needs to be assigned in House. The Senate bill is with the Joint Committee on Children, Families and Person with Disabilities. The key provisions of the bill are designed to improve the DPPC’s operations and enhance the protections of persons with disabilities in the Commonwealth. A brief summary of the bill, highlighting the major changes, and list of House and Senate sponsors was submitted to Advisory Council members for their review. No money is needed for this bill. Representative Garballey is in the process of finalizing a date/time at the State House for ‘meet and greet’ for new legislators. NAPSA – APS Abuse Registry Sub-Committee: The second survey was sent out in January to the 20 states that identified themselves as having an APS abuse Meeting Minutes of December 12, 2016 Page 2 of 5 DPPC Advisory Council Meeting # Topic Items and Meeting Notes • 5. Administration for Community Living (ACL) Grant Project Implementation September 19, 2016 • • • • • registry. The survey collected additional information such as location, staffing, cost, who/what is on registry, user rights, notification, etc. About half of the states responded and the ad-hoc committee is following up with the remaining states. Subsequent to the second survey, an interview survey will be conducted to obtain answers to more complex issues that are unlikely to be answered through an electronic survey. Eventually, the findings will be presented in a written report. The committee hopes to present their findings at the NAPSA conference. NAPSA – Conference: The NAPSA Annual Conference is being held in Milwaukee, WI on August 28-30, 2017 with NAPSA Financial Exploitation Summit held on August 31, 2017. A call for papers was distributed with DPPC submitting four proposals on the following topics: o APS Registry (Executive Director, DPPC legal) o ACL Project (project manager, self-advocate and RCC) o A&A Training (DPPC staff, self-advocate and training coordinator) o Investigations and Prosecution (SPDU, Investigations manager, prosecutor) Four regional trainings in Metro Boston, Northeast, Central/West, and Southeast were completed and liaisons were identified for contact at RCCs, DDS, DPPC. The drafted Guidelines for Rape Crisis Centers (RCCs) were distributed to the sixteen RCCs throughout the Commonwealth for review and feedback provided by March 22, 2017. The feedback received will be reviewed and the Guidelines will be amended accordingly. The Guidelines will be submitted to ACL for final approval along with the third semi-annual report in April. As part of the Learning Collaborative/Technical Assistance, DPPC hosted its first statewide ACL Learning Collaborative, a lunchtime webinar, entitled Communication Strategies for Staff Working with Persons who have an Intellectual/Developmental Disability on February 16, 2017. The 275 attendees of the fall ACL regional trainings were invited to join the webinar; with almost 100 participants attending the webinar. Tom Hall, Assistant Vice President for Clinical Services at Riverside Community Care, presented on “The things they never taught me in school, but I now know after more than 25 years working with individuals with intellectual and developmental disabilities.” Tom also provided information regarding different types of communication disorders, augmentative communication strategies, and the role of learning and memory. The ACL project is scheduled to host its second statewide webinar on April 27, 2017, titled, “Sexual Decision-making among Adults with Intellectual and Developmental Disabilities”. Pat Carney, Trainer for the Massachusetts Department of Developmental Services, is the primary speaker. This webinar again is intended for the professions included in the ACL project: DDS, RCC, A&A, DPPC and other agency staff. Following the April webinars, four regional, in person multidisciplinary Learning Collaborative sessions are being scheduled for the month of May 2017. Each of the four regional discussion sessions will be hosted by an RCC in one of the four regions. Participation at each regional Learning Collaborative will be limited to approximately 20-25 people per region. Joanna Bridger, Clinical Services Meeting Minutes of December 12, 2016 Page 3 of 5 DPPC Advisory Council Meeting # Topic September 19, 2016 Items and Meeting Notes Director at Riverside Trauma Center, will moderate the lunchtime multidisciplinary discussions. 6. MOVA • • 7. BPI Updates • Grant Application o The Massachusetts Office for Victim Assistance (MOVA), Victims of Crime Act (VOCA), released a grant application titled, Services for Survivors who are Deaf and Hard of Hearing and Survivors with Disabilities (“SDHHD”), to help ensure that sexual assault victims with disabilities have full and equal access to all available trauma-related services. MOVA is making available two million dollars, over two years, to eligible applicants with a possible option to renew for a subsequent two years. DPPC applied for a $2 million grant to expand on the initial work which created the coordinated infrastructure required to provide persons with disabilities better access to critical trauma informed resources. The MOVA grant proposal continues this work with the creation of a Sexual Assault Response Unit comprised of Protective Service Navigators and Peer Support Persons which will connect victims of sexual assault with disabilities to the same resources available to other victims of sexual assault. The Protective Service Navigators will offer individualized supports to sexual assault victims with disabilities to ascertain what, if any trauma-related services, the victim may want or need and support that individual in obtaining services. A MOVA Board meeting is scheduled for March 22, 2017 to determine which applicants will be awarded grants. The VOCA funds, if awarded, will be used to continue to address the barriers often experienced by individuals with disabilities in accessing trauma services including awareness of existing services and also the development and maintenance of a statewide list of specialized practitioners who can provide critical long-term mental health services to sexual assault victims with disabilities. Conference and Award Recognition o The MOVA conference will be held on April 19, 2017 at the Seaport World Trade Center. An overview of the ACL Project, Awareness and Action training, integration with RCCs and a survivor story will be provided at two workshops. Registration for the conference opens on March 22, 2017. o Patty Quatieri will be recognized and presented with an award for her advocacy in victim rights at the MOVA Conference. BPI Updates: o APS In-Service – a statewide in-service training has been scheduled for APS investigators on April 4, 2017 at UMass Medical School in Shrewsbury o Awareness and Action Trainings – Louise Gorham, MASS training coordinator, has taken on day-to-day activities regarding A&A trainings. DPPC and BPI will continue to provide support with AV and training materials. Anne Benoit, West Coordinator, resigned but there is no replacement at moment; Central and Metro regional coordinators will pick up west trainings. Currently on target except for west trainings. o Protect, Report, Preserve Trainings – PRP trainings will be scheduled for Meeting Minutes of December 12, 2016 Page 4 of 5 DPPC Advisory Council Meeting # Topic September 19, 2016 Items and Meeting Notes northeast and west regions. o Tier I Trainings – a Tier I training is in the process of being scheduled with Worcester County DA’s Office and continued efforts are being made to schedule training with Suffolk. 10. New Business/ Announcements • • • 11. Adjournment Jim Ross brought the ‘Widening the Circle’ program to Caroline vanBruinswaardt’s attention. Some A&A trainers have taken the train the trainer course. The program has been extended for two more years through FY2019. When people are well connected in the environment, they are safer. Jim would like to meet with Caroline and Louise to discuss the possibility of MASS taking this on. Executive Director Alterio will try to schedule a meeting for Advisory Council members to meet with DPPC Commissioners. The next Advisory Council meeting is scheduled for June 5, 2017 from 1:00-3:00 p.m. Jennie will send an email reminder regarding the next meeting date/time. MOTION: MaryAnn Brennen motioned to adjourn the meeting at 2:08 p.m., Bill Henning seconded. VOTE: Unanimous to adjourn the meeting at 2:08 p.m. Action Items: # Action Item 1. Email Advisory Council re. 2017 meetings 2. Email Advisory Council – meeting date with Commissioners 3. Jim will talk to Caroline about Widening the Circle. 4. 5. 6. 7. 8. Meeting Minutes of December 12, 2016 Page 5 of 5 Owner Jennie Nancy Jim Deadline Status Completed Completed Commonwealth of Massachusetts Disabled Persons Protection Commission Meeting Minutes Meeting: DPPC Advisory Council Meeting Date: June 5, 2017 Start/End Time: 1:00-2:25 p.m. Location: 300 Granite Street, Suite 404, Braintree, MA Meeting Participants: X X X X Name Nancy Alterio Mary Ann Brennen Jennifer EdwardsHawkins William Henning Agency X Name Meeting Participants DPPC Michelle Love Citizen X Jim Ross DPPC Christine Shane BCIL Caroline vanBruinswaardt Agency Advocates, Inc. Parent Fitchburg Univ. MASS Call in Participants: Handouts: X Name X Caroline vanBruinswaardt Agency Meeting Agenda of June 5, 2017 Meeting Minutes of March 6, 2017 Summary of House Bill 1958, Senate Bill 52 Proposed DPPC Amendments FY2018 DPPC Budget Recommendations DPPC MOVA Award Description NAPSA APS Adult Abuse Registry PowerPoint Meeting Minutes # Agency X Name Meeting Participants MASS Topic Items and Meeting Notes 1. Approval of March 6, 2017 Minutes MOTION: MaryAnn Brennen motioned to approve the meeting minutes of March 6, 2017 as presented; Caroline vanBruinswaardt seconded. VOTE: Unanimous to approve the meeting minutes of March 6, 2017 as presented. 2. FY2018 Budget • Governor’s Recommendation – The House 1 recommendation does not include Page 1 of 5 DPPC Advisory Council Meeting # Topic June 5, 2017 Items and Meeting Notes Developments • • • STEP and cost of living increases as the contract has not yet been ratified. The projected cost to cover the new contract is approximately $50,000 annually. DPPC Executive Director testified on behalf of the agency’s budget on March 20, 2017 in Worcester before the Joint Committee on Ways and Means. House Ways and Means recommendation came out with an additional $50,000 that would allow DPPC to hire one additional FTE. Representative Sean Garballey filed an amendment for $250,000 but unfortunately there was an error and the amendment was tied to the wrong appropriation number. Senator Barrett also filed for an amendment for $200,000. Senate Ways and Means recommendation supported the amendment in part and included an additional $100,000 that would allow DPPC to hire two additional FTEs. Both House and Senate Ways and Means recommendations now go to the Conference Committee who then selects one of the two recommendations or a number in-between. The Conference Committee is comprised of three House and three Senate members. Executive Director Alterio added that Arc of Massachusetts advocated for DPPC’s budget this year. Patty Quatieri, self-advocate and MASS employee, also advocated on behalf of DPPC’s budget and House and Senate Bills in her own time and met with House and Senate members. A group of self-advocates from MASS also went to the State House and advocated. 3. DPPC Enabling Statute – House Bill 1958 and Senate Bill 52 • DPPC’s bill, An Act updating terminology and investigative practices related to the protection of persons with disabilities, has been filed. The bill was concurrently filed on DPPC’s behalf in the House and Senate by Representative Sean Garballey (House Bill 1958) and Senator John Keenan (Senate Bill 52) respectively. Executive Director Alterio provided a brief summary of the bill, highlighting the major changes. No money is needed for this bill. The bill is scheduled to be heard with the Joint Committee on Children, Families and Persons with Disabilities. DPPC and Senator Keenan will provide testimony in support of the bill. Patty Quatieri, self-advocate, will also be testifying. 4. APS Adult Abuse Registry • National Focus Executive Director Alterio provided the Advisory Council with a PowerPoint printout that provides an overview of the APS Adult Abuse Registry - what is looks like and what people are doing. To date, the NAPSA Ad-Hoc Committee conducted two surveys and collected additional information such as location, staffing, cost, who/what is on registry, user rights, notification, etc. Subsequent to the second survey, phone interviews were conducted to obtain answers to more complex issues that were unlikely to be answered through an electronic survey. To ensure consistency, the same person conducted the interviews while one person took minutes. Researchers are currently compiling information from all surveys and will present their findings at the NAPSA conference. They hope to present a white paper by December which will go on the NAPSA website and be sent to members, and write a journal article. State Focus - Arc of MA sponsored bill Deputy Director DeRiggi and General Counsel Westwater sat on the committee • Meeting Minutes of June 5, 2017 Page 2 of 5 DPPC Advisory Council Meeting # Topic June 5, 2017 Items and Meeting Notes that drafted a bill which mirrors the NJ statute and is specific to individuals with I/DD. DPPC has some concerns with the way the bill which were shared and discussed with DDS and Arc who all supported the need to edit the bill. 5. Administration for Community Living (ACL) Grant Project Implementation The ACL grant is winding down and will end September 30, 2017. Accomplishments to date include: • Four regional trainings in Metro Boston, Northeast, Central/West, and Southeast were completed and liaisons were identified for contact at RCCs, DDS and DPPC. • The drafted Guidelines for Rape Crisis Centers (RCCs) were approved by ACL and released last week. A formalized training will be provided to RCCs either in person or via webinar. Nancy will email Guidelines to Advisory Council members. • Two statewide ACL Learning Collaborative lunchtime webinars were conducted. Communication Strategies for Staff Working with Persons who have an Intellectual/Developmental Disability was held on February 16, 2017 with almost 100 participants attending the webinar. “Sexual Decision-making among Adults with Intellectual and Developmental Disabilities” was held on April 27, 2017 with almost 90 participants. • Four regional technical assistance meetings (case-consultation) were conducted in May and hosted by an RCC in Metro Boston, Northeast, Central/West, and Southeast and attended by approximately 20 people from RCC, DDS, DPPC, SANE and self-advocates. Joanna Bridger, Clinical Services Director at Riverside Trauma Center, moderated the discussions. • Four additional technical assistance meetings are being scheduled for September. 6. MOVA • • Conference and Award Recognition The MOVA conference was held on April 19, 2017 at the Seaport World Trade Center. An overview of the ACL Project, Awareness and Action training, integration with RCCs and a survivor story were provided at two workshops with approximately 150 people in attendance. Patty Quatieri, self-advocate and MASS employee, was recognized and presented with an award for her advocacy in victim rights with 400 people in attendance. Grant Award The Massachusetts Office for Victim Assistance (MOVA), Victims of Crime Act (VOCA), released a grant application titled, Services for Survivors who are Deaf and Hard of Hearing and Survivors with Disabilities (“SDHHD”), to help ensure that sexual assault victims with disabilities have full and equal access to all available trauma-related services. DPPC applied for a $2 million grant and was awarded $1.3 million over two years to expand on the initial work which created the coordinated infrastructure required to provide persons with disabilities better access to critical trauma informed resources. There is a possible option to renew the grant for a subsequent two years and then hopefully the program will be filtered into MOVA’s funding stream. The MOVA grant will enable DPPC to create a Sexual Assault Response Unit comprised of Protective Service Meeting Minutes of June 5, 2017 Page 3 of 5 DPPC Advisory Council Meeting # Topic June 5, 2017 Items and Meeting Notes Navigators and Peer Support Persons which will connect sexual assault victims with disabilities to the same resources available to other victims of sexual assault. The Protective Service Navigators (PSN) will ‘follow’ the victim through the process and offer individualized supports to sexual assault victims with disabilities to ascertain what, if any trauma-related services, the victim may want or need and support that individual in obtaining services such as SANE, rape crisis counseling, victim compensation, long term clinical therapeutic services, etc. DPPC is currently working with MOVA to determine if grant funds can be used to contract with a vendor agency that will link sexual assault victims with disabilities to trauma informed therapists. The vendor agency would also develop and maintain a statewide list of specialized practitioners. This would help address the barriers often experienced by individuals with disabilities in accessing an experienced therapist who can provide critical long-term mental health services. Discussion ensued regarding finding and/or training therapists with both traumainformed and disability backgrounds and expertise. The grant funding cannot be used for training purposes but there are additional MOVA grant funds that could be used for this purpose which DPPC will apply for. Advisory Council members discussed prevention and how DPPC can minimize risk especially in the area of transportation. DPPC is working on an Abuse Prevention manual for providers which looks at systemic problems and addresses primary and secondary prevention. 7. BPI Updates • • • BPI Updates: o Awareness and Action Trainings – 21 out of 38 A&A trainings had RCC representation. o Protect, Report, Preserve Trainings – Two half-day PRP trainings were held at the Radisson Hotel and Suites, Chelmsford, MA on May 2, 2017 with 80 people in attendance and at Baystate Whitney Conference Center, Holyoke on May 8, 2017 with 125 people in attendance. Hampden District Attorney Anthony Gulluni opened the training in Holyoke. o Tier I Trainings – a Tier I training has been scheduled with Worcester County DA’s Office on June 8, 2017 at Anna Maria College, Paxton. FY2018 – Commissioner Howe will continue funding BPI for FY2018. BPI Cochairs Elizabeth Scheibel and Nancy Alterio met with Commissioner Elin Howe to discuss goals for FY2018. BPI wants to continue training in local and state police academies, direct care agencies but next year also provide statewide training. NAPSA – Conference: The NAPSA Annual Conference is being held in Milwaukee, WI on August 28-30, 2017 with NAPSA Financial Exploitation Summit held on August 31, 2017. A call for papers was distributed with DPPC submitting four proposals on the following topics: o APS Registry (Executive Director, DPPC legal) o ACL Project (project manager, self-advocate and RCC) Meeting Minutes of June 5, 2017 Page 4 of 5 DPPC Advisory Council Meeting # Topic June 5, 2017 Items and Meeting Notes o A&A Training (DPPC staff, self-advocate and training coordinator) o Investigations and Prosecution (SPDU, Investigations manager, prosecutor) 8. Commissioners’ Meeting of June 22, 2017 • Jim Ross will attend the Commissioners’ Meeting. Jim will prepare a brief overview of how the Advisory Council operates. Jim asked that members let him know if they are planning on attending and what they would like to be addressed in the meeting. New Business/ Announcements • Advisory Council members discussed increasing membership and who they would like to see – for example people who can help pass legislation/budget and community partners, self-advocate. Caroline said she would work on searching for a self-advocate member. Members discussed the open meeting rules – meeting in person vs. via phone. Self-advocates can participate by phone but the Chair has to be present at the meeting. However, another member can be nominated as Chair in their absence. Jim Ross discussed that his term as Chair of the Advisory Council was ending on June 30, 2017 and he wanted to nominate MaryAnn Brennen for the upcoming one year term. MOTION: Jim Ross motioned to nominate MaryAnn Brennen as Chair of the Advisory Council for FY2018; Caroline vanBruinswaardt seconded. VOTE: Unanimous to nominate MaryAnn Brennen as Chair of the Advisory Council for FY2018 as presented. Advisory Council members discussed FY2018 meeting availability and concluded that the current schedule day/time works well for members. Executive Director Alterio will schedule FY2018 Advisory Council meetings and email to members. • • 11. Adjournment MOTION: MaryAnn Brennen motioned to adjourn the meeting at 2:25 p.m., Caroline vanBruinswaardt seconded. VOTE: Unanimous to adjourn the meeting at 2:25 p.m. Action Items: # Action Item 1. Jim will talk to Caroline about Widening the Circle. 2. Search for self-advocate Advisory Council member 3. 4. 5. 6. Meeting Minutes of June 5, 2017 Page 5 of 5 Owner Jim Caroline Deadline Status Commonwealth of Massachusetts Disabled Persons Protection Commission Meeting Minutes Meeting: DPPC Advisory Council Meeting Date: September 11, 2017 Start/End Time: 1:00-2:10 p.m. Location: 300 Granite Street, Suite 404, Braintree, MA Meeting Participants: X Name X X X Nancy Alterio Mary Ann Brennen Jennifer Edwards-Hawkins William Henning Agency X Name Meeting Participants DPPC Michelle Love Citizen X Jim Ross DPPC Christine Shane BCIL Caroline vanBruinswaardt Agency Advocates, Inc. Parent Fitchburg Univ. MASS Call in Participants – The following members joined by phone due to geographic reasons: Handouts: X Name X William Henning Agency X Name Meeting Participants BCIL X Michelle Love Agency Advocates, Inc. Meeting Agenda of September 11, 2017 Meeting Minutes of June 5, 2017 DPPC FY2018 Budget Recommendations DPPC FY2018 Spending Plan Narrative DPPC Written Testimony on House Bill 1958, Senate Bills 58 and 76 DPPC Sexual Assault Response Unit (SARU) Organizational Chart DPPC Proposed ACL Project Organizational Chart Chairperson Brennen called the meeting to order at 1:00 p.m. Meeting Minutes # 1. Topic Approval of June 5, 2017 Minutes 2. Meet and Greet Items and Meeting Notes Jim Ross motioned to approve the meeting minutes of June 5, 2017 as presented, Mary Ann Brennen seconded. VOTE: Unanimous to approve the meeting minutes of June 5, 2017 as presented, with Bill Henning abstaining. Advisory Council members selected the next Commissioners’ meeting scheduled for MOTION: Page 1 of 4 DPPC Advisory Council Meeting # 3. 4. Topic with Commissioners New Member(s) Notification Discussion FY2018 Appropriation 5. Legislation 6. Administration for Community Living (ACL) Grant Project Implementation September 19, 2016 Items and Meeting Notes Thursday, November 16, 2017 at 4:30 p.m. with the meeting of Thursday, December 14, 2017 as back-up date to meet the new Chairman and attend the meeting. Two new Advisory Council members, Mary Berry and Justin O’Connell, will be welcomed at the next Advisory Council meeting to be held on December 14, 2017. DPPC received the House I budget which does not include STEP and cost of living increases. If the Union contract is ratified, the projected costs of approximately $50,000 would likely be funded through a supplemental budget resulting in no cuts to DPPC FTEs. DPPC’s FY2018 Spending Plan was submitted as required and thus far DPPC has not been asked to submit fiscal projections/maintenance for FY2019. • DPPC Enabling Statute – House Bill 1958 and Senate Bill 52: DPPC provided written and oral testimony on House Bill 1958 and Senate Bill 52 to the Joint Committee on Children, Families and Persons with Disabilities. A copy of the written testimony was provided to the Advisory Board members. Senator Keenan and self-advocate Patty Quatieri testified on behalf of DPPC. Patty Quatieri also reached out to House and Senate members asking for their support of the bills. The bills update terminology and DPPC operations and enhance the protections of persons with disabilities in the Commonwealth. No money is needed for these bills. • APS Adult Abuse Registry: Arc of Massachusetts advocated for this bill to be filed. The concept and intentions are good but the bill needs reworking. There are certain issues that need addressing before the bill passes. These concerns were shared with DDS and Arc. All are in agreement with DPPC’s suggested changes. DPPC met with DDS Commissioner Howe and Arc of MA and shared these concerns. Both parties were receptive to making changes but DPPC has not yet seen a revised copy of the bill. Advisory Council members wondered how the bill differed from DPPC’s background checks. Executive Director Alterio added, unlike DPPC background checks, this would be mandatory, likely only information on substantiated cases would be available to employers and the registry is limited to the DDS population and therefore not accessible to DMH or MRC. DPPC has been participating in a NAPSA project that is analyzing APS abuse registries across the US. To date 20 registries have been identified and there appears to be a lot of variation amongst them. Data has been collected and a report is being written on the findings. • Learning Collaborative Series: This is the second year of the ACL grant which ends on September 30, 2017. Four regional trainings were conducted in Metro Boston, Northeast, Central/West, and Southeast in September/October 2016, four multidisciplinary learning collaborative meetings were held on a local level at regional RCCs in May 2017 and four additional meetings have also been scheduled at DDS regional centers in September 2017. Participation at each regional Learning Collaborative will be limited to approximately 20-25 people per region. Identified liaisons from all agencies continue to meet. SANE reported seeing an increase in persons with disabilities. One RCCs reporting seeing 4-5 referrals with I/DD in a single month. • Webinar on RCC Guidelines – September 13, 2017: RCC Guidelines were developed over the course of the grant. Janice Mirabassi (DPH) is co-directing the ACL grant project and has been able to shape the amount of RCC participation by rewriting language to ensure RCCs accommodate persons with disabilities. As part of the Learning Collaborative/Technical Assistance, DPPC will be hosting its third statewide Meeting Minutes of December 12, 2016 Page 2 of 4 DPPC Advisory Council Meeting # Topic 7. Implementation of Sexual Assault Response Unit (SARU) 8. BPI Statewide Conference 9. NAPSA Conference September 19, 2016 Items and Meeting Notes ACL Learning Collaborative, a lunchtime webinar, entitled Guidelines for Massachusetts Rape Crisis Centers: Working with Survivors with Intellectual and Developmental Disabilities (I/DD) on September 13, 2017. All RCCs and interested parties were mailed copies of the RCC Guidelines ahead of the webinar so they could be reviewed and discussed during the webinar. • ACL Grant Close Out: The grant ends on September 30, 2017. A final ACL meeting will be held on Wednesday, September 27, 2017 at DPPC and the final report will be submitted by the close of the year as required. • ACL Grant Application - Inroads to Interventions: An additional ACL grant was applied for to expand the SARU statewide and conduct research on the program. DPPC should hear by then end of September whether or not they have been awarded the grant. The ACL grant will help DPPC/SARU research and evaluate the efforts being made on behalf of victims with disabilities. Two organizational charts were distributed to Advisory Council members. One shows how the SARU is structured and the second chart shows how the SARU fits into DPPC’s organizational structure and indicates both grant awards - MOVA/VOCA grant funding and ACL grant funding (if awarded). DPPC applied for and received a grant in the amount of $1.3 million over two years from the Massachusetts Office for Victim Assistance (MOVA), Victims of Crime Act (VOCA). The grant will help ensure that sexual assault victims with disabilities have full and equal access to all available trauma-related services. The MOVA grant continues work developed through the ACL grant by the creation of a Sexual Assault Response Unit (SARU). SARU is comprised of Protective Service Navigators and Peer Support Persons that will connect victims of sexual assault with disabilities to the same resources available to other victims of sexual assault. The Protective Service Navigators will offer individualized supports to sexual assault victims with disabilities to ascertain what, if any trauma-related services, the victim may want or need and support that individual in obtaining services. Seven people have been hired for full and/or part-time positions and will mostly work out of two out of five identified regions in MA – Southeast and Central. An additional ACL grant was applied for to cover the remaining three regions – Metro Boston, Northeast and West. A contract has been signed with the vendor ‘Interface’ through William James College. Interface will be instrumental in the development and maintenance of a statewide list of specialized practitioners who can provide critical long-term mental health services to sexual assault victims with disabilities. SARU has also contracted with a local RCC to train peer support staff and others on trauma-informed practices. BPI will be holding a statewide conference in collaboration with MA District Attorneys Association (MDAA) and Hampden District Attorney Anthony D. Gulluni. The all-day conference takes place on November 1, 2017 at The Log Cabin, Holyoke and is geared towards law enforcement, APS, ADAs, victim witness advocates, SANE, etc. Dr. Hopper, who is an independent consultant and Teaching Associate in Psychology at Harvard Medical School, will be presenting. Other training topics include competency to consent, testifying, case scenarios and interviewing. The NAPSA Annual Conference was held in Milwaukee, WI on August 28-30, 2017 with NAPSA Financial Exploitation Summit held on August 31, 2017. DPPC presented four workshops on the following topics: o APS Registry (Executive Director, DPPC legal) o Mortality Review (Executive Director) Meeting Minutes of December 12, 2016 Page 3 of 4 DPPC Advisory Council Meeting # Topic 10. New Business/ Announcements 11. Adjournment September 19, 2016 Items and Meeting Notes o ACL Project (project manager, self-advocate and RCC) o A&A Training (DPPC staff, self-advocate and training coordinator) o Investigations and Prosecution (SPDU, Investigations manager, prosecutor) Patty Quatieri also received a national award for her work in the APS field. • Within the September issue of the Provider, a newspaper of the Providers Council, Senator Patrick O'Connor speaks to his bill to strengthen protections of individuals with disabilities and the need for better funding for the DPPC. Bill will scan copy of monthly newsletter and email to Nancy. • The next Advisory Council meeting is scheduled for December 4, 2017 from 1:00-3:00 p.m. Jennie will send an email reminder regarding the next meeting date/time. MOTION: Jim Ross motioned to adjourn the meeting at 2:10 p.m., Bill Henning seconded. VOTE: Unanimous to adjourn the meeting at 2:10 p.m. Action Items: # 1. 2. 3. 4. 5. 6. 7. 8. Action Item Email Advisory Council re. next meeting Meeting Minutes of December 12, 2016 Owner Jennie Page 4 of 4 Deadline Status Commonwealth of Massachusetts Disabled Persons Protection Commission Meeting Minutes Meeting: DPPC Advisory Council Meeting Date: December 4, 2017 Location: 300 Granite Street, Suite 404, Braintree, MA Start/End Time: 1:00-2:30 p.m. Meeting Participants: X Name X X X Nancy Alterio Mary Ann Brennen Jennifer Edwards-Hawkins William Henning Julie Howley Westwater X Agency X Name Meeting Participants DPPC Michelle Love Citizen X Jim Ross DPPC Christine Shane BCIL Caroline vanBruinswaardt DPPC Agency Advocates, Inc. Parent Fitchburg Univ. MASS Call in Participants – The following members joined by phone due to geographic reasons: Handouts: X Name X William Henning Agency X Name Meeting Participants BCIL Agency Meeting Agenda of December 4, 2017 Meeting Minutes of September 11, 2017 Open Meeting Law Regulations, Statute and Guide Acknowledgement of Receipt of OML materials DPPC FY2017 Annual Report Guidelines for MA RCCs SARU Brochure SARU Open House Flyer Chairperson Brennen called the meeting to order at 1:00 p.m. Meeting Minutes # 1. Topic Welcome to New Members Items and Meeting Notes Two new Advisory Council members, Mary Barry and Justin O’Connell, will be welcomed at the next Advisory Council meeting to be held on March 5, 2018. They were unable to attend today due to illness and scheduling conflicts. They will arrive a half hour before the meeting to tour DPPC and SARU. 2. Open Meeting Law General Counsel Westwater provided an overview of the updated Open Meeting Law. Page 1 of 4 DPPC Advisory Council Meeting # September 19, 2016 Topic Updates Items and Meeting Notes The main amendment that affects AC members pertains to remote participation. There is now only one requirement which states physical presence is unreasonably difficult. Previously members had to meet one of five requirements whereas this change simplifies the process. Members were provided hard and/or email copies of OML Regulations, Statute and Guide. All members are required to sign that they received and reviewed copies of these materials. General Counsel Westwater clarified that the first date refers to the date the person became a member. If members are not sure of the exact date, DPPC can fill this date in. MaryAnn Brennen and Jim Ross signed and submitted their forms; Bill Henning signed and will submit form via email. Members not in attendance must sign and submit signed/dated receipt of documents. Approval of Minutes of Meeting of September 11, 2017 MOTION: 4. Meet and Greet with Commissioners Advisory Council members selected to schedule a Meet and Greet with DPPC Commissioners in 2018. 5. Introduction and Implementation of Sexual Assault Response Unit Jaime Suvak introduced four (4) of the seven (7) full and/or part-time SARU staff and provided an overview of the SARU to the Advisory Council members. SARU is comprised of Protective Service Navigators and Peer Support Persons that will connect victims of sexual assault with disabilities to the same resources available to other victims of sexual assault in Southeast and Central regions of Massachusetts. The Protective Service Navigators will offer individualized supports to sexual assault victims with disabilities to ascertain what, if any trauma-related services, the victim may want or need and support that individual in obtaining services. A contract has been signed with the vendor ‘Interface’ through William James College. Interface will be instrumental in the development and maintenance of a statewide list of specialized practitioners who can provide critical long-term mental health services to sexual assault victims with disabilities. SARU has already reached out to RCCs, medical advocates, SANE, southeast DDS and will meet with program monitors, SAFEPLANs and Arcs. SARU is hoping to hold another Learning Collaborative at regional Arc locations. Awareness & Action has also been involved throughout the process. SARU contracted with a local RCC to provide a two-day comprehensive training for peer support staff and A&A trainers on trauma-informed practices. Although SARU is already receiving cases, the unit goes live on January 1, 2018. Currently there is funding for two years with a two year renewable option. An additional VOCA grant is being applied for to cover the remaining three regions – Metro Boston, Northeast and West. DPPC Advisory Council offered a letter of support should they be needed. Advisory Council members received copies of Guidelines for RCCs, SARU brochure and SARU Open House flyer which is being held on December 14, 2017 from 4:00-6:00 p.m. 6. FY2019 Maintenance DPPC has to submit funding requirements for FY2019. The two letters submitted to ANF details DPPC’s maintenance need and also includes the need for an additional $40,000 to off-set the rent increase for the SARU. The VOCA grant requires matching funds. DPPC is currently meeting this requirement through in-kind staff support. If the additional funding is received from ANF, DPPC could meet some of its match obligation by covering a portion 3. VOTE: Meeting Minutes of December 12, 2016 Jim Ross motioned to approve the meeting minutes of September 11, 2017 as presented, Bill Henning seconded. Unanimous to approve the meeting minutes of September 11, 2017 as presented. Page 2 of 4 DPPC Advisory Council Meeting # 7. Topic Legislation of the rent. September 19, 2016 Items and Meeting Notes General Counsel Westwater provided an update on the pending legislation. • DPPC Enabling Statute – House Bill 1958 and Senate Bill 52: The bills are still with the Committee on Children, Families and Persons with Disabilities. Very few bills have come out of the Committee as they are still holding hearings. DPPC legal unit has been in touch with the House and Senate to see what needs to be done to get it to Ways and Means. The mirror bills update terminology and DPPC operations and enhance the protections of persons with disabilities in the Commonwealth. No additional funding is needed. • APS Adult Abuse Registry: Arc of Massachusetts is advocating for the passage of legislation to create an APS Adult Abuse Registry. The bills have been redrafted with some of DPPC’s recommendations incorporated into them but additional amendments still need to be made. The Committee on Children, Families and Persons with Disabilities favorably supported the bill and referred it on to Senate and House Ways and Means Committees. There is a lot of interest in the bill passing. However, there are still considerations that need to be addressed before being passed such as timelines, types and tiers of cases, appeal process, resources/cost, limitations, etc. 8. BPI Statewide Conference BPI held a statewide conference in collaboration with Massachusetts District Attorneys Association (MDAA) and Hampden District Attorney Anthony D. Gulluni. The all-day conference took place on November 1, 2017 at the Log Cabin, Holyoke and was geared for law enforcement, APS, ADAs, victim witness advocates, SANE and others involved in the investigation. Dr. Hopper, an independent consultant and Teaching Associate in Psychology at Harvard Medical School, presented on the impact of trauma on the brain. Other training topics include competency to consent, testifying, case scenarios and interviewing. 9. FY2017 Annual Report New Business/ Announcements Advisory Council members received a copy of the DPPC FY2017 Annual Report for review. 10. 11. Adjournment • Advisory Council members discussed how to address those members who miss meetings on a regular basis. • Advisory Council members suggested adding SARU updates to the quarterly agenda. • The next Advisory Council meetings are scheduled for March 5, 2018 and June 4, 2018 from 1:00-3:00 p.m. Jennie will send an email reminder regarding the next meeting date/time. MOTION: VOTE: Meeting Minutes of December 12, 2016 Jim Ross motioned to adjourn the meeting at 2:30 p.m., Bill Henning seconded. Unanimous to adjourn the meeting at 2:30 p.m. Page 3 of 4 DPPC Advisory Council Meeting September 19, 2016 Action Items: # 1. 2. Action Item Email Advisory Council regarding next meeting Schedule and attend Commissioners’ meeting Owner Jennie MaryAnn and Nancy 3. Meeting Minutes of December 12, 2016 Page 4 of 4 Deadline Status January—February—March 2015 DPPC Quarterly Report The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street    ∙    Suite 404    ∙    Braintree    ∙    Massachusetts   ∙   02184  Report suspected abuse of persons with disabilities to the DPPC 24 hour Hotline 1-800-426-9009 1-888-822-0350 TTY Run Date 4/9/2015 January—February—March 2015 DPPC Quarterly Report DPPC OVERVIEW Every month, the DPPC receives hundreds of abuse reports. These reports are maintained and tracked using an extensive computer database. In the DPPC database, over 500 pieces of information related to each report are maintained. The information ranges from basic demographic information regarding the people involved, including the victim, to specific information about the site of the alleged abuse and other factors that may have contributed to the abuse. The DPPC tracks different types of injury, and information about whether an injury was caused by abuse or neglect. In addition to the hundreds of other categories, the DPPC tracks whether the alleged abuse or neglect reported represents a crime. Information in the database is analyzed continually in an effort to identify potential preventative measures to be implemented and/or , trends and systemic challenges needing attention. On a quarterly basis a portion of the data is calculated and provided for review. In addition to providing the quarterly statistical data, for those of you who are not familiar with the DPPC, this report also presents the history, mission and an overview of the operations of the Agency. Department of Children and Families, Department of Developmental Services, Department of Mental Health, Massachusetts Rehabilitation Commission and the local and state police. Replacing none of them, the DPPC was designed to closely coordinate its work with all. The DPPC, similar to the Department of Children and Families for children and the Executive Office of Elder Affairs for elders, acts to protect adults with disabilities who are dependent on others to meet a daily living need. DPPC fills the gap between the child protection and elder protection systems. DPPC is a small agency, located in Braintree, MA. It has a staff of 32 full time employees including five investigators, one law enforcement liaison/abuse prevention coordinator, five oversight officers and three hotline operators. The DPPC is comprised of six functions including Prevention, Intake/ Oversight, Investigation, Legal, Information Technology and Administration and Finance. During fiscal year 1998, a State Police Detective Unit (SPDU) was established within the DPPC. The SPDU is comprised of a Detective Lieutenant and four troopers. The SPDU is physically located within the offices of the DPPC. The DPPC was created through legislation in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse against persons with disabilities. The mission of the DPPC is to protect adults with disabilities from the abusive acts and omissions of their caregivers through investigation, oversight, public awareness and abuse prevention. Pursuant to its enabling statute, M.G.L. c. 19C, the jurisdiction of the DPPC extends to adults with disabilities between the ages of 18 and 59 who suffer serious physical and/or emotional injury through an act and/or omission by their caretaker (s). This protection is provided whether the individual is in state care or in a private setting. The DPPC Hotline receives reports of abuse committed against persons with disabilities 24 hours per day, seven days per week, at 1-800-4269009 or 1-888-822-0350 TTY. During this quarter the DPPC received 2,325 reports of abuse. In addition, DPPC staff responded to approximately 1,048 referral and informational requests. Every abuse report made to the Hotline is reviewed pursuant to the DPPC screening criteria. A determination is made regarding whether the report represents an emergency or nonemergency, and then, whether the situation meets the agency’s jurisdictional criteria. During this quarter of the fiscal year, 652 of the reports to the DPPC Hotline were assigned for 19C investigation. Also during this quarter of the fiscal year, 1,673 reports not within the jurisdiction of the Commission were forwarded to the appropriate state agency for review and action as necessary. Although an independent agency, DPPC was designed to be one of a number of agencies with complementary missions, including, but not limited to the Executive Office of Elder Affairs, 2 Run Date 4/9/2015 January—February—March 2015 DPPC Quarterly Report DPPC Hotline Activity Number of Reports Screened In for Investigation, 652 Number of Reports Not Under 19C Jurisdiction, 1,673 During this Quarter six reports received by the DPPC Hotline were identified as a malicious reports. DPPC INVESTIGATION UNIT Reports of alleged abuse determined to be within the jurisdiction of the DPPC are immediately assigned to a 19C Investigator and a DPPC Oversight Officer. The 19C Investigator may be one of DPPC’s Investigators or an Investigator from the Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Commission (MRC). The DPPC Investigation Unit and the Investigation Units of DDS, DMH and MRC conduct abuse investigations under the authority of M.G.L. c. 19C. The primary focus of all 19C investigations is the protection of vulnerable individuals. Investigators also look for systemic issues that may contribute or lead to abuse. 3 Run Date 4/9/2015 January—February—March 2015 DPPC Quarterly Report DPPC OVERSIGHT UNIT The DPPC Oversight Unit is responsible for monitoring all 19C investigations. Every case, whether investigated by DPPC, DDS, DMH or MRC, is monitored by one of DPPC's five Oversight Officers to ensure that the victim is safe, the report is timely and the investigation is thorough. In cases where abuse by a caregiver has been substantiated, protective services are provided by the respective service-providing agency, DDS, DMH or MRC. To confirm that necessary protective services are implemented, the DPPC Oversight Officers monitor cases until risk of harm to the victim is adequately reduced or eliminated. The DPPC protects individuals with any form of disability. This chart illustrates abuse reports to the DPPC Hotline by disability for this quarter. SCREENED IN BY DISABILITY 1200 1,052 1000 915 800 586 600 400 200 79 14 61 119 106 89 33 0 4 Run Date 4/9/2015 January—February—March 2015 DPPC Quarterly Report STATE POLICE DETECTIVE UNIT The troopers of the SPDU review 100% of the complaints received by the DPPC to determine which of these complaints constitute criminal activity against a person with a disability. Within this quarter the SPDU reviewed 2,325 allegations of abuse. Of the 2,325 reports reviewed, 385 or 16.6% were referred to the District Attorney for criminal investigation and criminal charges were filed in at least 18 cases. The following graph is a breakdown by county of the number of reports received by the DPPC Hotline, reports meeting the jurisdiction for 19C investigation, and the number of reports referred to the District Attorney for criminal investigation. Disabled Persons Protection Commission 19C Criminal Reports by County January 1, 2015 through March 31, 2015 500 Total Reports Received 462 Total Reports Investigated Under DPPC Jurisdiction 450 Total Reports Involving Criminal Activity 400 333 350 286 300 251 236 250 214 1 86 200 146 150 100 50 112 80 22 20 69 54 42 18 10 52 37 25 42 21 7 34 79 41 14 12 68 65 59 41 100 45 49 22 1 11 5 00 0 5 Run Date 4/9/2015 January—February—March 2015 DPPC Quarterly Report MASSACHUSETTS STATE POLICE The Massachusetts State Police Detective Unit (SPDU) assigned to the DPPC analyzes the types of crimes involved in the abuse reports received by the DPPC Hotline. This chart presents the types of criminal activity reported. Consistently a significant percentage of the criminal activity is sexual in nature. Criminal Activity Report January– March 2015 Caretakers Negligence Narcotics Violations Death 14 3 6 68 53 59 Larceny on a Perso n with a Disability Rape Indecent Assault & Battery Assault & Battery with a Weapon A&B on a Person with an Intellectual Disability 8 3 88 Domestic Assault & Battery 180 A&B on a Person with a Disability 0 50 100 150 200 Often reports to the DPPC Hotline involve domestic violence. Domestic violence is abuse that often takes place where the person lives. Domestic violence can be any type of abuse including sexual assault and rape, emotional, psychological or financial. Domestic violence involves "family and household members" who are or were married, living together, related by blood, parents of a common child or involved in a substantive dating relationship. During this quarter it was determined that 113 reports made to the DPPC Hotline involved domestic violence abuse. 6 Run Date 4/9/2015 January—February—March 2015 DPPC Quarterly Report LEGAL UNIT The DPPC Legal Unit provides legal advice and guidance on matters before the DPPC. This includes assistance provided to DPPC staff and staff of the Department of Developmental Services, the Department of Mental Health and the Massachusetts Rehabilitation Commission. In addition the Legal Unit performs the following functions within the DPPC: • Secures Access Warrants when law enforcement and/or 19C investigators are unreasonably denied access to an alleged victim of abuse. • Obtains judicial Protective Orders when an alleged victim of abuse is at immediate risk of harm and is not able to consent to the provision of protective services due to a mental or physical impairment. • Responds to reports of Mandated Reporters’ failure to report abuse as required by M.G.L. c. 19C §10. • Completes Petitions for Review as outlined in 118 CMR. The alleged victim, the alleged abuser and other parties involved in an investigation, may request a review of the findings. Upon the conclusion of the review process, the investigation report may be amended if the facts provided in the Petition are found to be meritorious. The DPPC received 32 Petitions for Review during this quarter.  Ensures that all responses to requests for DPPC records are compliant with all statutory requirements. ABUSE PREVENTION UNIT Everyone at DPPC shares in the responsibility for preventing abuse. DPPC continually strives to identify new and effective ways to educate direct care staff, law enforcement, others working with persons with disabilities and the public about the prevalence of abuse of persons with disabilities. The DPPC’s abuse prevention strategy is to decrease incidents of abuse by increasing awareness about how widespread the problem of abuse/neglect against persons with disabilities is; and then to educate people regarding the important role they can play in preventing or stopping this abuse. To educate people the DPPC Prevention Unit distributes 19C informational materials and conducts training on an ongoing basis. Training is provided to a broad range of people including law enforcement, educators, medical professionals, service providers and persons with disabilities. Topics include recognizing and reporting abuse, preservation of evidence, the DPPC investigation process, communicating with individuals from varied backgrounds or with differing communication needs as well as regulatory and statutory compliance. 7 Run Date 4/9/2015 January—February—March 2015 DPPC Quarterly Report MASSACHUSETTS AGENCIES PARTNER FOR CRIME VICTIMS WITH DISABILITIES In May of 1999 a partnership was formed in Massachusetts between law enforcement and human service agencies in an effort to effectively and efficiently address abuse, neglect and crimes committed against persons with disabilities. “Building Partnerships for the Protection of Persons with Disabilities,” is a unique initiative which affords equal access to the criminal justice system for crime victims with disabilities. The initiative, which uses a multidisciplinary approach to address crimes against persons with disabilities, was conceived and implemented thanks to the foresight of Elizabeth D. Scheibel, District Attorney of the Northwestern District and Gerald J. Morrissey, Jr., then Commissioner of the Department of Developmental Services (DDS), through the commitment of the Disabled Persons Protection Commission (DPPC) and the support of the Executive Office of Health and Human Services (EOHHS). The statewide partnership is funded through an Executive Office of Public Safety (EOPS) Byrne grant and administered by the Massachusetts District Attorneys' Association (MDAA). The partnership initiative brings together, through formal Memorandums of Understanding (MOU), the District Attorney, human service organizations and law enforcement agencies in each county. The goals of the initiative are to provide protection, treatment and continuity of care for persons with disabilities who are victims of a crime; to increase awareness of crimes being committed against persons with disabilities; to increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities; and to ensure that crimes committed against persons with disabilities are promptly reported, investigated by trained law enforcement personnel and prosecuted when appropriate. With the MOU, in FY 2014, 1,570 cases were investigated criminally resulting in at least 144 criminal complaints. Of those 1,570 criminal cases, 429 were crimes of a sexual nature. The following graph depicts the increase in abuse reports referred to the district attorneys for criminal investigation and possible prosecution for FY 1997 through FY 2014. Criminal Investigations Charges 1570 1600 1425 1400 1243 1200 996 880 1000 800 726 622 645 793 876 477 600 400 200 835 1103 1053 238 32 0 86 4 321 39 69 92 155 139 135 109 112 1 16 126 15 2 153 12 3 165 124 144 0 FY  FY  FY  FY  FY  FY  FY  FY  FY  FY  FY  FY  FY  FY  FY  FY  FY  FY  1997 1998 19 99 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LT. GOVERNOR The DPPC’s staff thanks you for taking the time to review this quarterly report. If you have questions or require additional information, please do not hesitate to contact the DPPC, at (617) 727-6465. The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street ▪ Suite 404 ▪ Braintree MA 02184 Office Hours: 8:45 am - 5:00 pm Monday - Friday (617) 727-6465 ▪ (888) 822-0350 TTY ▪ (617) 727-6469 FAX 24 Hour HOTLINE: (800) 426-9009 or (888) 822-0350 TTY WEBSITE: http://www.state.ma.us/dppc 8 GAIL VARRASSO CHAIRPERSON YNDIA LORICKWILMOT, Ph.D. COMMISSIONER MAURICE MEDOFF COMMISSIONER NANCY A. ALTERIO EXECUTIVE DIRECTOR Run Date 4/9/2015 April—May—June 2015 DPPC Quarterly Report The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street · Suite 404 · Braintree · Massachusetts · 02184 DPPC Quarterly Report April—May—June 2015 Report suspected abuse of persons with disabilities to the DPPC 24 hour Hotline 1-800-426-9009 1-888-822-0350 TTY Run Date 7/8/2015 April—May—June 2015 DPPC Quarterly Report DPPC OVERVIEW Every month, the DPPC receives hundreds of abuse reports. These reports are maintained and tracked using an extensive computer database. In the DPPC database, over 500 pieces of information related to each report are maintained. The information ranges from basic demographic information regarding the people involved, including the victim, to specific information about the site of the alleged abuse and other factors that may have contributed to the abuse. The DPPC tracks different types of injury, and information about whether an injury was caused by abuse or neglect. In addition to the hundreds of other categories, the DPPC tracks whether the alleged abuse or neglect reported represents a crime. Information in the database is analyzed continually in an effort to identify potential preventative measures to be implemented and/or , trends and systemic challenges needing attention. On a quarterly basis a portion of the data is calculated and provided for review. In addition to providing the quarterly statistical data, for those of you who are not familiar with the DPPC, this report also presents the history, mission and an overview of the operations of the Agency. Department of Children and Families, Department of Developmental Services, Department of Mental Health, Massachusetts Rehabilitation Commission and the local and state police. Replacing none of them, the DPPC was designed to closely coordinate its work with all. The DPPC, similar to the Department of Children and Families for children and the Executive Office of Elder Affairs for elders, acts to protect adults with disabilities who are dependent on others to meet a daily living need. DPPC fills the gap between the child protection and elder protection systems. DPPC is a small agency, located in Braintree, MA. It has a staff of 32 full time employees including five investigators, one law enforcement liaison/abuse prevention coordinator, five oversight officers and three hotline operators. The DPPC is comprised of six functions including Prevention, Intake/ Oversight, Investigation, Legal, Information Technology and Administration and Finance. During fiscal year 1998, a State Police Detective Unit (SPDU) was established within the DPPC. The SPDU is comprised of a Detective Lieutenant and four troopers. The SPDU is physically located within the offices of the DPPC. The DPPC was created through legislation in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse against persons with disabilities. The mission of the DPPC is to protect adults with disabilities from the abusive acts and omissions of their caregivers through investigation, oversight, public awareness and abuse prevention. Pursuant to its enabling statute, M.G.L. c. 19C, the jurisdiction of the DPPC extends to adults with disabilities between the ages of 18 and 59 who suffer serious physical and/or emotional injury through an act and/or omission by their caretaker (s). This protection is provided whether the individual is in state care or in a private setting. The DPPC Hotline receives reports of abuse committed against persons with disabilities 24 hours per day, seven days per week, at 1-800-4269009 or 1-888-822-0350 TTY. During this quarter the DPPC received 2,402 reports of abuse. In addition, DPPC staff responded to approximately 1,461 referral and informational requests. Every abuse report made to the Hotline is reviewed pursuant to the DPPC screening criteria. A determination is made regarding whether the report represents an emergency or nonemergency, and then, whether the situation meets the agency’s jurisdictional criteria. During this quarter of the fiscal year, 759 of the reports to the DPPC Hotline were assigned for 19C investigation. Also during this quarter of the fiscal year, 1,643 reports not within the jurisdiction of the Commission were forwarded to the appropriate state agency for review and action as necessary. Although an independent agency, DPPC was designed to be one of a number of agencies with complementary missions, including, but not limited to the Executive Office of Elder Affairs, 2 Run Date 7/8/2015 April—May—June 2015 DPPC Quarterly Report DPPC Hotline Activity Number of Reports Screened In for Investigation, 759 Number of Reports Not Under 19C Jurisdiction, 1,643 During this Quarter four reports received by the DPPC Hotline were identified as a malicious reports. DPPC INVESTIGATION UNIT Reports of alleged abuse determined to be within the jurisdiction of the DPPC are immediately assigned to a 19C Investigator and a DPPC Oversight Officer. The 19C Investigator may be one of DPPC’s Investigators or an Investigator from the Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Commission (MRC). The DPPC Investigation Unit and the Investigation Units of DDS, DMH and MRC conduct abuse investigations under the authority of M.G.L. c. 19C. The primary focus of all 19C investigations is the protection of vulnerable individuals. Investigators also look for systemic issues that may contribute or lead to abuse. 3 Run Date 7/8/2015 April—May—June 2015 DPPC Quarterly Report DPPC OVERSIGHT UNIT The DPPC Oversight Unit is responsible for monitoring all 19C investigations. Every case, whether investigated by DPPC, DDS, DMH or MRC, is monitored by one of DPPC's five Oversight Officers to ensure that the victim is safe, the report is timely and the investigation is thorough. In cases where abuse by a caregiver has been substantiated, protective services are provided by the respective service-providing agency, DDS, DMH or MRC. To confirm that necessary protective services are implemented, the DPPC Oversight Officers monitor cases until risk of harm to the victim is adequately reduced or eliminated. The DPPC protects individuals with any form of disability. This chart illustrates abuse reports to the DPPC Hotline by disability for this quarter. SCREENED IN BY DISABILITY 1400 1,218 1200 1000 833 729 800 600 400 200 121 15 56 115 94 41 76 0 4 Run Date 7/8/2015 April—May—June 2015 DPPC Quarterly Report STATE POLICE DETECTIVE UNIT The troopers of the SPDU review 100% of the complaints received by the DPPC to determine which of these complaints constitute criminal activity against a person with a disability. Within this quarter the SPDU reviewed 2,402 allegations of abuse. Of the 2,402 reports reviewed, 341 or 14.2% were referred to the District Attorney for criminal investigation and criminal charges were filed in at least 15 cases. The following graph is a breakdown by county of the number of reports received by the DPPC Hotline, reports meeting the jurisdiction for 19C investigation, and the number of reports referred to the District Attorney for criminal investigation. Disabled Persons Protection Commission 19C Criminal Reports by County April 1, 2015 through June 30, 2015 5 Run Date 7/8/2015 April—May—June 2015 DPPC Quarterly Report MASSACHUSETTS STATE POLICE The Massachusetts State Police Detective Unit (SPDU) assigned to the DPPC analyzes the types of crimes involved in the abuse reports received by the DPPC Hotline. This chart presents the types of criminal activity reported. Consistently a significant percentage of the criminal activity is sexual in nature. Criminal Activity Report April– June 2015 Often reports to the DPPC Hotline involve domestic violence. Domestic violence is abuse that often takes place where the person lives. Domestic violence can be any type of abuse including sexual assault and rape, emotional, psychological or financial. Domestic violence involves "family and household members" who are or were married, living together, related by blood, parents of a common child or involved in a substantive dating relationship. During this quarter it was determined that 113 reports made to the DPPC Hotline involved domestic violence abuse. 6 Run Date 7/8/2015 April—May—June 2015 DPPC Quarterly Report LEGAL UNIT The DPPC Legal Unit provides legal advice and guidance on matters before the DPPC. This includes assistance provided to DPPC staff and staff of the Department of Developmental Services, the Department of Mental Health and the Massachusetts Rehabilitation Commission. In addition the Legal Unit performs the following functions within the DPPC: • Secures Access Warrants when law enforcement and/or 19C investigators are unreasonably denied access to an alleged victim of abuse. • Obtains judicial Protective Orders when an alleged victim of abuse is at immediate risk of harm and is not able to consent to the provision of protective services due to a mental or physical impairment. • Responds to reports of Mandated Reporters’ failure to report abuse as required by M.G.L. c. 19C §10. • Completes Petitions for Review as outlined in 118 CMR. The alleged victim, the alleged abuser and other parties involved in an investigation, may request a review of the findings. Upon the conclusion of the review process, the investigation report may be amended if the facts provided in the Petition are found to be meritorious. The DPPC received 26 Petitions for Review during this quarter.  Ensures that all responses to requests for DPPC records are compliant with all statutory requirements. ABUSE PREVENTION UNIT Everyone at DPPC shares in the responsibility for preventing abuse. DPPC continually strives to identify new and effective ways to educate direct care staff, law enforcement, others working with persons with disabilities and the public about the prevalence of abuse of persons with disabilities. The DPPC’s abuse prevention strategy is to decrease incidents of abuse by increasing awareness about how widespread the problem of abuse/neglect against persons with disabilities is; and then to educate people regarding the important role they can play in preventing or stopping this abuse. To educate people the DPPC Prevention Unit distributes 19C informational materials and conducts training on an ongoing basis. Training is provided to a broad range of people including law enforcement, educators, medical professionals, service providers and persons with disabilities. Topics include recognizing and reporting abuse, preservation of evidence, the DPPC investigation process, communicating with individuals from varied backgrounds or with differing communication needs as well as regulatory and statutory compliance. 7 Run Date 7/8/2015 April—May—June 2015 DPPC Quarterly Report MASSACHUSETTS AGENCIES PARTNER FOR CRIME VICTIMS WITH DISABILITIES In May of 1999 a partnership was formed in Massachusetts between law enforcement and human service agencies in an effort to effectively and efficiently address abuse, neglect and crimes committed against persons with disabilities. “Building Partnerships for the Protection of Persons with Disabilities,” is a unique initiative which affords equal access to the criminal justice system for crime victims with disabilities. The initiative, which uses a multidisciplinary approach to address crimes against persons with disabilities, was conceived and implemented thanks to the foresight of Elizabeth D. Scheibel, District Attorney of the Northwestern District and Gerald J. Morrissey, Jr., then Commissioner of the Department of Developmental Services (DDS), through the commitment of the Disabled Persons Protection Commission (DPPC) and the support of the Executive Office of Health and Human Services (EOHHS). The statewide partnership is funded through an Executive Office of Public Safety (EOPS) Byrne grant and administered by the Massachusetts District Attorneys' Association (MDAA). The partnership initiative brings together, through formal Memorandums of Understanding (MOU), the District Attorney, human service organizations and law enforcement agencies in each county. The goals of the initiative are to provide protection, treatment and continuity of care for persons with disabilities who are victims of a crime; to increase awareness of crimes being committed against persons with disabilities; to increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities; and to ensure that crimes committed against persons with disabilities are promptly reported, investigated by trained law enforcement personnel and prosecuted when appropriate. With the MOU, in FY 2015, 1,536 cases were investigated criminally resulting in at least 84 criminal complaints. Of those 1,536 criminal cases, 467 were crimes of a sexual nature. The following graph depicts the increase in abuse reports referred to the district attorneys for criminal investigation and possible prosecution for FY 1997 through FY 2015. Criminal Investigations Charges 1800 1600 1425 1400 1243 1200 996 1000 880 800 622 645 600 0 835 726 793 1103 1053 876 477 400 200 1570 1536 238 32 86 0 4 39 321 69 92 165 152 153 123 124 155 155 139 135 126 116 112 109 84 FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LT. GOVERNOR The DPPC’s staff thanks you for taking the time to review this quarterly report. If you have questions or require additional information, please do not hesitate to contact the DPPC, at (617) 727-6465. The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street ▪ Suite 404 ▪ Braintree MA 02184 Office Hours: 8:45 am - 5:00 pm Monday - Friday (617) 727-6465 ▪ (888) 822-0350 TTY ▪ (617) 727-6469 FAX 24 Hour HOTLINE: (800) 426-9009 or (888) 822-0350 TTY WEBSITE: http://www.state.ma.us/dppc 8 GAIL VARRASSO CHAIRPERSON YNDIA LORICKWILMOT, Ph.D. COMMISSIONER MAURICE MEDOFF COMMISSIONER NANCY A. ALTERIO EXECUTIVE DIRECTOR Run Date 7/8/2015 July—August—September 2015 DPPC Quarterly Report The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street · Suite 404 · Braintree · MassachuseƩs · 02184 DPPC Quarterly Report July—August—September 2015 Report suspected abuse of persons with disabilities to the DPPC 24 hour Hotline 1-800-426-9009 1-888-822-0350 TTY Run Date 10/9/2015 July—August—September 2015 DPPC Quarterly Report DPPC OVERVIEW Every month, the DPPC receives hundreds of abuse reports. These reports are maintained and tracked using an extensive computer database. In the DPPC database, over 500 pieces of information related to each report are maintained. The information ranges from basic demographic information regarding the people involved, including the victim, to specific information about the site of the alleged abuse and other factors that may have contributed to the abuse. The DPPC tracks different types of injury, and information about whether an injury was caused by abuse or neglect. In addition to the hundreds of other categories, the DPPC tracks whether the alleged abuse or neglect reported represents a crime. Information in the database is analyzed continually in an effort to identify potential preventative measures to be implemented and/or , trends and systemic challenges needing attention. On a quarterly basis a portion of the data is calculated and provided for review. In addition to providing the quarterly statistical data, for those of you who are not familiar with the DPPC, this report also presents the history, mission and an overview of the operations of the Agency. Department of Children and Families, Department of Developmental Services, Department of Mental Health, Massachusetts Rehabilitation Commission and the local and state police. Replacing none of them, the DPPC was designed to closely coordinate its work with all. The DPPC, similar to the Department of Children and Families for children and the Executive Office of Elder Affairs for elders, acts to protect adults with disabilities who are dependent on others to meet a daily living need. DPPC fills the gap between the child protection and elder protection systems. DPPC is a small agency, located in Braintree, MA. It has a staff of 32 full time employees including five investigators, one law enforcement liaison/abuse prevention coordinator, five oversight officers and four hotline operators. The DPPC is comprised of six functions including Prevention, Intake/ Oversight, Investigation, Legal, Information Technology and Administration and Finance. During fiscal year 1998, a State Police Detective Unit (SPDU) was established within the DPPC. The SPDU is comprised of a Detective Lieutenant and four troopers. The SPDU is physically located within the offices of the DPPC. The DPPC was created through legislation in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse against persons with disabilities. The mission of the DPPC is to protect adults with disabilities from the abusive acts and omissions of their caregivers through investigation, oversight, public awareness and abuse prevention. Pursuant to its enabling statute, M.G.L. c. 19C, the jurisdiction of the DPPC extends to adults with disabilities between the ages of 18 and 59 who suffer serious physical and/or emotional injury through an act and/or omission by their caretaker (s). This protection is provided whether the individual is in state care or in a private setting. The DPPC Hotline receives reports of abuse committed against persons with disabilities 24 hours per day, seven days per week, at 1-800-4269009 or 1-888-822-0350 TTY. During this quarter the DPPC received 2,543 reports of abuse. In addition, DPPC staff responded to approximately 1,417 referral and informational requests. Every abuse report made to the Hotline is reviewed pursuant to the DPPC screening criteria. A determination is made regarding whether the report represents an emergency or nonemergency, and then, whether the situation meets the agency’s jurisdictional criteria. During this quarter of the fiscal year, 749 of the reports to the DPPC Hotline were assigned for 19C investigation. Also during this quarter of the fiscal year, 1,794 reports not within the jurisdiction of the Commission were forwarded to the appropriate state agency for review and action as necessary. Although an independent agency, DPPC was designed to be one of a number of agencies with complementary missions, including, but not limited to the Executive Office of Elder Affairs, 2 Run Date 10/9/2015 July—August—September 2015 DPPC Quarterly Report DPPC Hotline Activity Number of Reports Screened In for Investigation, 749 Number of Reports Not Under 19C Jurisdiction, 1,794 During this Quarter no reports received by the DPPC Hotline were identified as malicious. DPPC INVESTIGATION UNIT Reports of alleged abuse determined to be within the jurisdiction of the DPPC are immediately assigned to a 19C Investigator and a DPPC Oversight Officer. The 19C Investigator may be one of DPPC’s Investigators or an Investigator from the Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Commission (MRC). The DPPC Investigation Unit and the Investigation Units of DDS, DMH and MRC conduct abuse investigations under the authority of M.G.L. c. 19C. The primary focus of all 19C investigations is the protection of vulnerable individuals. Investigators also look for systemic issues that may contribute or lead to abuse. 3 Run Date 10/9/2015 July—August—September 2015 DPPC Quarterly Report DPPC OVERSIGHT UNIT The DPPC Oversight Unit is responsible for monitoring all 19C investigations. Every case, whether investigated by DPPC, DDS, DMH or MRC, is monitored by one of DPPC's five Oversight Officers to ensure that the victim is safe, the report is timely and the investigation is thorough. In cases where abuse by a caregiver has been substantiated, protective services are provided by the respective service-providing agency, DDS, DMH or MRC. To confirm that necessary protective services are implemented, the DPPC Oversight Officers monitor cases until risk of harm to the victim is adequately reduced or eliminated. The DPPC protects individuals with any form of disability. This chart illustrates abuse reports to the DPPC Hotline by disability for this quarter. SCREENED IN BY DISABILITY 1400 1,177 1200 1000 921 732 800 600 400 200 92 13 61 138 110 33 75 0 4 Run Date 10/9/2015 July—August—September 2015 DPPC Quarterly Report STATE POLICE DETECTIVE UNIT The troopers of the SPDU review 100% of the complaints received by the DPPC to determine which of these complaints constitute criminal activity against a person with a disability. Within this quarter the SPDU reviewed 2,543 allegations of abuse. Of the 2,543 reports reviewed, 396 or 15.6% were referred to the District Attorney for criminal investigation and criminal charges were filed in at least 9 cases. The following graph is a breakdown by county of the number of reports received by the DPPC Hotline, reports meeting the jurisdiction for 19C investigation, and the number of reports referred to the District Attorney for criminal investigation. Disabled Persons Protection Commission 19C Criminal Reports by County July 1, 2015 through September 30, 2015 5 Blank Cases 488 500 Total Reports Received Total Reports Investigated Under DPPC Jurisdiction 450 Total Reports Involving Criminal Activity 374 400 350 282 300 265 256 238 227 250 167 200 149 150 104 93 100 50 61 50 20 4 11 11 33 60 61 38 40 13 5 31 82 80 74 73 58 68 53 23 39 15 13 20 1 14 7 0 0 5 Run Date 10/9/2015 July—August—September 2015 DPPC Quarterly Report MASSACHUSETTS STATE POLICE The Massachusetts State Police Detective Unit (SPDU) assigned to the DPPC analyzes the types of crimes involved in the abuse reports received by the DPPC Hotline. This chart presents the types of criminal activity reported. Consistently a significant percentage of the criminal activity is sexual in nature. Criminal Activity Report July– September 2015 Caretakers Negligence Narcotics Violations Death Larceny on a Person with a Disability Rape 12 8 3 30 37 67 Indecent Assault & Battery Assault & Battery with a Weapon A&B on a Person with an Intellectual Disability 10 0 82 Domestic Assault & Battery 202 A&B on a Person with a Disability 0 50 100 150 200 250 Often reports to the DPPC Hotline involve domestic violence. Domestic violence is abuse that often takes place where the person lives. Domestic violence can be any type of abuse including sexual assault and rape, emotional, psychological or financial. Domestic violence involves "family and household members" who are or were married, living together, related by blood, parents of a common child or involved in a substantive dating relationship. During this quarter it was determined that 110 reports made to the DPPC Hotline involved domestic violence abuse. 6 Run Date 10/9/2015 July—August—September 2015 DPPC Quarterly Report LEGAL UNIT The DPPC Legal Unit provides legal advice and guidance on matters before the DPPC. This includes assistance provided to DPPC staff and staff of the Department of Developmental Services, the Department of Mental Health and the Massachusetts Rehabilitation Commission. In addition the Legal Unit performs the following functions within the DPPC: • Secures Access Warrants when law enforcement and/or 19C investigators are unreasonably denied access to an alleged victim of abuse. • Obtains judicial Protective Orders when an alleged victim of abuse is at immediate risk of harm and is not able to consent to the provision of protective services due to a mental or physical impairment. • Responds to reports of Mandated Reporters’ failure to report abuse as required by M.G.L. c. 19C §10. • Completes Petitions for Review as outlined in 118 CMR. The alleged victim, the alleged abuser and other parties involved in an investigation, may request a review of the findings. Upon the conclusion of the review process, the investigation report may be amended if the facts provided in the Petition are found to be meritorious. The DPPC received 31 Petitions for Review during this quarter.  Ensures that all responses to requests for DPPC records are compliant with all statutory requirements. ABUSE PREVENTION UNIT Everyone at DPPC shares in the responsibility for preventing abuse. DPPC continually strives to identify new and effective ways to educate direct care staff, law enforcement, others working with persons with disabilities and the public about the prevalence of abuse of persons with disabilities. The DPPC’s abuse prevention strategy is to decrease incidents of abuse by increasing awareness about how widespread the problem of abuse/neglect against persons with disabilities is; and then to educate people regarding the important role they can play in preventing or stopping this abuse. To educate people the DPPC Prevention Unit distributes 19C informational materials and conducts training on an ongoing basis. Training is provided to a broad range of people including law enforcement, educators, medical professionals, service providers and persons with disabilities. Topics include recognizing and reporting abuse, preservation of evidence, the DPPC investigation process, communicating with individuals from varied backgrounds or with differing communication needs as well as regulatory and statutory compliance. 7 Run Date 10/9/2015 July—August—September 2015 DPPC Quarterly Report MASSACHUSETTS AGENCIES PARTNER FOR CRIME VICTIMS WITH DISABILITIES In May of 1999 a partnership was formed in Massachusetts between law enforcement and human service agencies in an effort to effectively and efficiently address abuse, neglect and crimes committed against persons with disabilities. “Building Partnerships for the Protection of Persons with Disabilities,” is a unique initiative which affords equal access to the criminal justice system for crime victims with disabilities. The initiative, which uses a multidisciplinary approach to address crimes against persons with disabilities, was conceived and implemented thanks to the foresight of Elizabeth D. Scheibel, District Attorney of the Northwestern District and Gerald J. Morrissey, Jr., then Commissioner of the Department of Developmental Services (DDS), through the commitment of the Disabled Persons Protection Commission (DPPC) and the support of the Executive Office of Health and Human Services (EOHHS). The statewide partnership is funded through an Executive Office of Public Safety (EOPS) Byrne grant and administered by the Massachusetts District Attorneys' Association (MDAA). The partnership initiative brings together, through formal Memorandums of Understanding (MOU), the District Attorney, human service organizations and law enforcement agencies in each county. The goals of the initiative are to provide protection, treatment and continuity of care for persons with disabilities who are victims of a crime; to increase awareness of crimes being committed against persons with disabilities; to increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities; and to ensure that crimes committed against persons with disabilities are promptly reported, investigated by trained law enforcement personnel and prosecuted when appropriate. With the MOU, in FY 2015, 1,536 cases were investigated criminally resulting in at least 103 criminal complaints. Of those 1,536 criminal cases, 467 were crimes of a sexual nature. The following graph depicts the increase in abuse reports referred to the district attorneys for criminal investigation and possible prosecution for FY 1997 through FY 2015. Criminal Investigations Charges 1800 1570 1536 1600 1425 1400 1243 1200 996 1000 880 800 622 645 600 0 726 793 876 477 400 200 835 1103 1053 238 32 86 0 4 321 39 69 92 165 152 153 123 155 139 124 155 103 135 109 112 116 126 FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LT. GOVERNOR The DPPC’s staff thanks you for taking the time to review this quarterly report. If you have questions or require additional information, please do not hesitate to contact the DPPC, at (617) 727-6465. The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street ▪ Suite 404 ▪ Braintree MA 02184 Office Hours: 8:45 am - 5:00 pm Monday - Friday (617) 727-6465 ▪ (888) 822-0350 TTY ▪ (617) 727-6469 FAX 24 Hour HOTLINE: (800) 426-9009 or (888) 822-0350 TTY WEBSITE: http://www.state.ma.us/dppc 8 GAIL VARRASSO CHAIRPERSON YNDIA LORICKWILMOT, Ph.D. COMMISSIONER MAURICE MEDOFF COMMISSIONER NANCY A. ALTERIO EXECUTIVE DIRECTOR Run Date 10/9/2015 October—November—December 2015 DPPC Quarterly Report The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street · Suite 404 · Braintree · MassachuseƩs · 02184 DPPC Quarterly Report October—November— December 2015 Report suspected abuse of persons with disabilities to the DPPC 24 hour Hotline 1-800-426-9009 1-888-822-0350 TTY Run Date 1/8/2016 October—November—December 2015 DPPC Quarterly Report DPPC OVERVIEW Every month, the DPPC receives hundreds of abuse reports. These reports are maintained and tracked using an extensive computer database. In the DPPC database, over 500 pieces of information related to each report are maintained. The information ranges from basic demographic information regarding the people involved, including the victim, to specific information about the site of the alleged abuse and other factors that may have contributed to the abuse. The DPPC tracks different types of injury, and information about whether an injury was caused by abuse or neglect. In addition to the hundreds of other categories, the DPPC tracks whether the alleged abuse or neglect reported represents a crime. Information in the database is analyzed continually in an effort to identify potential preventative measures to be implemented and/or , trends and systemic challenges needing attention. On a quarterly basis a portion of the data is calculated and provided for review. In addition to providing the quarterly statistical data, for those of you who are not familiar with the DPPC, this report also presents the history, mission and an overview of the operations of the Agency. Department of Children and Families, Department of Developmental Services, Department of Mental Health, Massachusetts Rehabilitation Commission and the local and state police. Replacing none of them, the DPPC was designed to closely coordinate its work with all. The DPPC, similar to the Department of Children and Families for children and the Executive Office of Elder Affairs for elders, acts to protect adults with disabilities who are dependent on others to meet a daily living need. DPPC fills the gap between the child protection and elder protection systems. DPPC is a small agency, located in Braintree, MA. It has a staff of 32 full time employees including five investigators, one law enforcement liaison/abuse prevention coordinator, five oversight officers and four hotline operators. The DPPC is comprised of six functions including Prevention, Intake/ Oversight, Investigation, Legal, Information Technology and Administration and Finance. During fiscal year 1998, a State Police Detective Unit (SPDU) was established within the DPPC. The SPDU is comprised of a Detective Lieutenant and four troopers. The SPDU is physically located within the offices of the DPPC. The DPPC was created through legislation in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse against persons with disabilities. The mission of the DPPC is to protect adults with disabilities from the abusive acts and omissions of their caregivers through investigation, oversight, public awareness and abuse prevention. Pursuant to its enabling statute, M.G.L. c. 19C, the jurisdiction of the DPPC extends to adults with disabilities between the ages of 18 and 59 who suffer serious physical and/or emotional injury through an act and/or omission by their caretaker (s). This protection is provided whether the individual is in state care or in a private setting. The DPPC Hotline receives reports of abuse committed against persons with disabilities 24 hours per day, seven days per week, at 1-800-4269009 or 1-888-822-0350 TTY. During this quarter the DPPC received 2,340 reports of abuse. In addition, DPPC staff responded to approximately 1,466 referral and informational requests. Every abuse report made to the Hotline is reviewed pursuant to the DPPC screening criteria. A determination is made regarding whether the report represents an emergency or nonemergency, and then, whether the situation meets the agency’s jurisdictional criteria. During this quarter of the fiscal year, 658 of the reports to the DPPC Hotline were assigned for 19C investigation. Also during this quarter of the fiscal year, 1,682 reports not within the jurisdiction of the Commission were forwarded to the appropriate state agency for review and action as necessary. Although an independent agency, DPPC was designed to be one of a number of agencies with complementary missions, including, but not limited to the Executive Office of Elder Affairs, 2 Run Date 1/8/2016 October—November—December 2015 DPPC Quarterly Report DPPC Hotline Activity Number of Reports Screened In for Investigation, 658 Number of Reports Not Under 19C Jurisdiction, 1,682 During this Quarter two reports received by the DPPC Hotline were identified as malicious. DPPC INVESTIGATION UNIT Reports of alleged abuse determined to be within the jurisdiction of the DPPC are immediately assigned to a 19C Investigator and a DPPC Oversight Officer. The 19C Investigator may be one of DPPC’s Investigators or an Investigator from the Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Commission (MRC). The DPPC Investigation Unit and the Investigation Units of DDS, DMH and MRC conduct abuse investigations under the authority of M.G.L. c. 19C. The primary focus of all 19C investigations is the protection of vulnerable individuals. Investigators also look for systemic issues that may contribute or lead to abuse. 3 Run Date 1/8/2016 October—November—December 2015 DPPC Quarterly Report DPPC OVERSIGHT UNIT The DPPC Oversight Unit is responsible for monitoring all 19C investigations. Every case, whether investigated by DPPC, DDS, DMH or MRC, is monitored by one of DPPC's five Oversight Officers to ensure that the victim is safe, the report is timely and the investigation is thorough. In cases where abuse by a caregiver has been substantiated, protective services are provided by the respective service-providing agency, DDS, DMH or MRC. To confirm that necessary protective services are implemented, the DPPC Oversight Officers monitor cases until risk of harm to the victim is adequately reduced or eliminated. The DPPC protects individuals with any form of disability. This chart illustrates abuse reports to the DPPC Hotline by disability for this quarter. SCREENED IN BY DISABILITY 1200 1,047 1000 877 800 696 600 400 200 102 17 62 126 111 30 72 0 4 Run Date 1/8/2016 October—November—December 2015 DPPC Quarterly Report STATE POLICE DETECTIVE UNIT The troopers of the SPDU review 100% of the complaints received by the DPPC to determine which of these complaints constitute criminal activity against a person with a disability. Within this quarter the SPDU reviewed 2,340 allegations of abuse. Of the 2,340 reports reviewed, 313 or 13.4% were referred to the District Attorney for criminal investigation and criminal charges were filed in at least 7 cases. The following graph is a breakdown by county of the number of reports received by the DPPC Hotline, reports meeting the jurisdiction for 19C investigation, and the number of reports referred to the District Attorney for criminal investigation. Disabled Persons Protection Commission 19C Criminal Reports by County October 1, 2015 through December 31, 2015 5 Blank Cases 439 450 Total Reports Received Total Reports Investigated Under DPPC Jurisdiction 400 365 Total Reports Involving Criminal Activity 350 275 300 254 250 243 219 193 200 129 150 115 80 88 100 54 48 50 17 8 41 11 5 35 29 58 60 65 66 48 22 5 25 36 17 6 36 15 000 44 92 57 9 20 0 5 Run Date 1/8/2016 October—November—December 2015 DPPC Quarterly Report MASSACHUSETTS STATE POLICE The Massachusetts State Police Detective Unit (SPDU) assigned to the DPPC analyzes the types of crimes involved in the abuse reports received by the DPPC Hotline. This chart presents the types of criminal activity reported. Consistently a significant percentage of the criminal activity is sexual in nature. Criminal Activity Report October – December 2015 28 Caretakers Negligence Narcotics Violations Death 5 4 22 Larceny on a Person with a Disability 55 55 Rape Indecent Assault & Battery Assault & Battery with a Weapon A&B on a Person with an Intellectual Disability 9 2 78 Domestic Assault & Battery 188 A&B on a Person with a Disability 0 50 100 150 200 Often reports to the DPPC Hotline involve domestic violence. Domestic violence is abuse that often takes place where the person lives. Domestic violence can be any type of abuse including sexual assault and rape, emotional, psychological or financial. Domestic violence involves "family and household members" who are or were married, living together, related by blood, parents of a common child or involved in a substantive dating relationship. During this quarter it was determined that 101 reports made to the DPPC Hotline involved domestic violence abuse. 6 Run Date 1/8/2016 October—November—December 2015 DPPC Quarterly Report LEGAL UNIT The DPPC Legal Unit provides legal advice and guidance on matters before the DPPC. This includes assistance provided to DPPC staff and staff of the Department of Developmental Services, the Department of Mental Health and the Massachusetts Rehabilitation Commission. In addition the Legal Unit performs the following functions within the DPPC: • Secures Access Warrants when law enforcement and/or 19C investigators are unreasonably denied access to an alleged victim of abuse. • Obtains judicial Protective Orders when an alleged victim of abuse is at immediate risk of harm and is not able to consent to the provision of protective services due to a mental or physical impairment. • Responds to reports of Mandated Reporters’ failure to report abuse as required by M.G.L. c. 19C §10. • Completes Petitions for Review as outlined in 118 CMR. The alleged victim, the alleged abuser and other parties involved in an investigation, may request a review of the findings. Upon the conclusion of the review process, the investigation report may be amended if the facts provided in the Petition are found to be meritorious. The DPPC received 25 Petitions for Review during this quarter.  Ensures that all responses to requests for DPPC records are compliant with all statutory requirements. ABUSE PREVENTION UNIT Everyone at DPPC shares in the responsibility for preventing abuse. DPPC continually strives to identify new and effective ways to educate direct care staff, law enforcement, others working with persons with disabilities and the public about the prevalence of abuse of persons with disabilities. The DPPC’s abuse prevention strategy is to decrease incidents of abuse by increasing awareness about how widespread the problem of abuse/neglect against persons with disabilities is; and then to educate people regarding the important role they can play in preventing or stopping this abuse. To educate people the DPPC Prevention Unit distributes 19C informational materials and conducts training on an ongoing basis. Training is provided to a broad range of people including law enforcement, educators, medical professionals, service providers and persons with disabilities. Topics include recognizing and reporting abuse, preservation of evidence, the DPPC investigation process, communicating with individuals from varied backgrounds or with differing communication needs as well as regulatory and statutory compliance. 7 Run Date 1/8/2016 October—November—December 2015 DPPC Quarterly Report MASSACHUSETTS AGENCIES PARTNER FOR CRIME VICTIMS WITH DISABILITIES In May of 1999 a partnership was formed in Massachusetts between law enforcement and human service agencies in an effort to effectively and efficiently address abuse, neglect and crimes committed against persons with disabilities. “Building Partnerships for the Protection of Persons with Disabilities,” is a unique initiative which affords equal access to the criminal justice system for crime victims with disabilities. The initiative, which uses a multidisciplinary approach to address crimes against persons with disabilities, was conceived and implemented thanks to the foresight of Elizabeth D. Scheibel, District Attorney of the Northwestern District and Gerald J. Morrissey, Jr., then Commissioner of the Department of Developmental Services (DDS), through the commitment of the Disabled Persons Protection Commission (DPPC) and the support of the Executive Office of Health and Human Services (EOHHS). The statewide partnership is funded through an Executive Office of Public Safety (EOPS) Byrne grant and administered by the Massachusetts District Attorneys' Association (MDAA). The partnership initiative brings together, through formal Memorandums of Understanding (MOU), the District Attorney, human service organizations and law enforcement agencies in each county. The goals of the initiative are to provide protection, treatment and continuity of care for persons with disabilities who are victims of a crime; to increase awareness of crimes being committed against persons with disabilities; to increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities; and to ensure that crimes committed against persons with disabilities are promptly reported, investigated by trained law enforcement personnel and prosecuted when appropriate. With the MOU, in FY 2015, 1,536 cases were investigated criminally resulting in at least 103 criminal complaints. Of those 1,536 criminal cases, 467 were crimes of a sexual nature. The following graph depicts the increase in abuse reports referred to the district attorneys for criminal investigation and possible prosecution for FY 1997 through FY 2015. Criminal Investigations Charges 1800 1570 1536 1600 1425 1400 1243 1200 996 1000 880 800 622 645 600 0 726 793 876 477 400 200 835 1103 1053 238 32 86 0 4 321 39 69 92 165 152 153 123 155 139 124 155 103 135 109 112 116 126 FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LT. GOVERNOR The DPPC’s staff thanks you for taking the time to review this quarterly report. If you have questions or require additional information, please do not hesitate to contact the DPPC, at (617) 727-6465. The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street ▪ Suite 404 ▪ Braintree MA 02184 Office Hours: 8:45 am - 5:00 pm Monday - Friday (617) 727-6465 ▪ (888) 822-0350 TTY ▪ (617) 727-6469 FAX 24 Hour HOTLINE: (800) 426-9009 or (888) 822-0350 TTY WEBSITE: http://www.state.ma.us/dppc 8 GAIL VARRASSO CHAIRPERSON YNDIA LORICKWILMOT, Ph.D. COMMISSIONER MAURICE MEDOFF COMMISSIONER NANCY A. ALTERIO EXECUTIVE DIRECTOR Run Date 1/8/2016 January—February—March 2016 DPPC Quarterly Report The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street · Suite 404 · Braintree · Massachusetts · 02184 DPPC Quarterly Report January—February— March 2016 Report suspected abuse of persons with disabilities to the DPPC 24 hour Hotline 1-800-426-9009 1-888-822-0350 TTY Run Date 4/8/2016 January—February—March 2016 DPPC Quarterly Report DPPC OVERVIEW Every month, the DPPC receives hundreds of abuse reports. These reports are maintained and tracked using an extensive computer database. In the DPPC database, over 500 pieces of information related to each report are maintained. The information ranges from basic demographic information regarding the people involved, including the victim, to specific information about the site of the alleged abuse and other factors that may have contributed to the abuse. The DPPC tracks different types of injury, and information about whether an injury was caused by abuse or neglect. In addition to the hundreds of other categories, the DPPC tracks whether the alleged abuse or neglect reported represents a crime. Information in the database is analyzed continually in an effort to identify potential preventative measures to be implemented and/or , trends and systemic challenges needing attention. On a quarterly basis a portion of the data is calculated and provided for review. In addition to providing the quarterly statistical data, for those of you who are not familiar with the DPPC, this report also presents the history, mission and an overview of the operations of the Agency. Department of Children and Families, Department of Developmental Services, Department of Mental Health, Massachusetts Rehabilitation Commission and the local and state police. Replacing none of them, the DPPC was designed to closely coordinate its work with all. The DPPC, similar to the Department of Children and Families for children and the Executive Office of Elder Affairs for elders, acts to protect adults with disabilities who are dependent on others to meet a daily living need. DPPC fills the gap between the child protection and elder protection systems. DPPC is a small agency, located in Braintree, MA. It has a staff of 32 full time employees including five investigators, one law enforcement liaison/abuse prevention coordinator, five oversight officers and four hotline operators. The DPPC is comprised of six functions including Prevention, Intake/ Oversight, Investigation, Legal, Information Technology and Administration and Finance. During fiscal year 1998, a State Police Detective Unit (SPDU) was established within the DPPC. The SPDU is comprised of a Detective Lieutenant and four troopers. The SPDU is physically located within the offices of the DPPC. The DPPC was created through legislation in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse against persons with disabilities. The mission of the DPPC is to protect adults with disabilities from the abusive acts and omissions of their caregivers through investigation, oversight, public awareness and abuse prevention. Pursuant to its enabling statute, M.G.L. c. 19C, the jurisdiction of the DPPC extends to adults with disabilities between the ages of 18 and 59 who suffer serious physical and/or emotional injury through an act and/or omission by their caretaker (s). This protection is provided whether the individual is in state care or in a private setting. The DPPC Hotline receives reports of abuse committed against persons with disabilities 24 hours per day, seven days per week, at 1-800-4269009 or 1-888-822-0350 TTY. During this quarter the DPPC received 2,340 reports of abuse. In addition, DPPC staff responded to approximately 1,466 referral and informational requests. Every abuse report made to the Hotline is reviewed pursuant to the DPPC screening criteria. A determination is made regarding whether the report represents an emergency or nonemergency, and then, whether the situation meets the agency’s jurisdictional criteria. During this quarter of the fiscal year, 658 of the reports to the DPPC Hotline were assigned for 19C investigation. Also during this quarter of the fiscal year, 1,682 reports not within the jurisdiction of the Commission were forwarded to the appropriate state agency for review and action as necessary. Although an independent agency, DPPC was designed to be one of a number of agencies with complementary missions, including, but not limited to the Executive Office of Elder Affairs, 2 Run Date 4/8/2016 January—February—March 2016 DPPC Quarterly Report DPPC Hotline Activity Number of Reports Screened In for Investigation, 658 Number of Reports Not Under 19C Jurisdiction, 1,682 During this Quarter two reports received by the DPPC Hotline were identified as malicious. DPPC INVESTIGATION UNIT Reports of alleged abuse determined to be within the jurisdiction of the DPPC are immediately assigned to a 19C Investigator and a DPPC Oversight Officer. The 19C Investigator may be one of DPPC’s Investigators or an Investigator from the Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Commission (MRC). The DPPC Investigation Unit and the Investigation Units of DDS, DMH and MRC conduct abuse investigations under the authority of M.G.L. c. 19C. The primary focus of all 19C investigations is the protection of vulnerable individuals. Investigators also look for systemic issues that may contribute or lead to abuse. 3 Run Date 4/8/2016 January—February—March 2016 DPPC Quarterly Report DPPC OVERSIGHT UNIT The DPPC Oversight Unit is responsible for monitoring all 19C investigations. Every case, whether investigated by DPPC, DDS, DMH or MRC, is monitored by one of DPPC's five Oversight Officers to ensure that the victim is safe, the report is timely and the investigation is thorough. In cases where abuse by a caregiver has been substantiated, protective services are provided by the respective service-providing agency, DDS, DMH or MRC. To confirm that necessary protective services are implemented, the DPPC Oversight Officers monitor cases until risk of harm to the victim is adequately reduced or eliminated. The DPPC protects individuals with any form of disability. This chart illustrates abuse reports to the DPPC Hotline by disability for this quarter. SCREENED IN BY DISABILITY 1200 1,047 1000 877 800 696 600 400 200 102 17 62 126 111 30 72 0 4 Run Date 4/8/2016 January—February—March 2016 DPPC Quarterly Report STATE POLICE DETECTIVE UNIT The troopers of the SPDU review 100% of the complaints received by the DPPC to determine which of these complaints constitute criminal activity against a person with a disability. Within this quarter the SPDU reviewed 2,340 allegations of abuse. Of the 2,340 reports reviewed, 313 or 13.4% were referred to the District Attorney for criminal investigation and criminal charges were filed in at least 7 cases. The following graph is a breakdown by county of the number of reports received by the DPPC Hotline, reports meeting the jurisdiction for 19C investigation, and the number of reports referred to the District Attorney for criminal investigation. Disabled Persons Protection Commission 19C Criminal Reports by County January 1, 2016 through March 31, 2016 5 Blank Cases 5 Run Date 4/8/2016 January—February—March 2016 DPPC Quarterly Report MASSACHUSETTS STATE POLICE The Massachusetts State Police Detective Unit (SPDU) assigned to the DPPC analyzes the types of crimes involved in the abuse reports received by the DPPC Hotline. This chart presents the types of criminal activity reported. Consistently a significant percentage of the criminal activity is sexual in nature. Criminal Activity Report January – March 2016 Often reports to the DPPC Hotline involve domestic violence. Domestic violence is abuse that often takes place where the person lives. Domestic violence can be any type of abuse including sexual assault and rape, emotional, psychological or financial. Domestic violence involves "family and household members" who are or were married, living together, related by blood, parents of a common child or involved in a substantive dating relationship. During this quarter it was determined that 101 reports made to the DPPC Hotline involved domestic violence abuse. 6 Run Date 4/8/2016 January—February—March 2016 DPPC Quarterly Report LEGAL UNIT The DPPC Legal Unit provides legal advice and guidance on matters before the DPPC. This includes assistance provided to DPPC staff and staff of the Department of Developmental Services, the Department of Mental Health and the Massachusetts Rehabilitation Commission. In addition the Legal Unit performs the following functions within the DPPC: • Secures Access Warrants when law enforcement and/or 19C investigators are unreasonably denied access to an alleged victim of abuse. • Obtains judicial Protective Orders when an alleged victim of abuse is at immediate risk of harm and is not able to consent to the provision of protective services due to a mental or physical impairment. • Responds to reports of Mandated Reporters’ failure to report abuse as required by M.G.L. c. 19C §10. • Completes Petitions for Review as outlined in 118 CMR. The alleged victim, the alleged abuser and other parties involved in an investigation, may request a review of the findings. Upon the conclusion of the review process, the investigation report may be amended if the facts provided in the Petition are found to be meritorious. The DPPC received 25 Petitions for Review during this quarter.  Ensures that all responses to requests for DPPC records are compliant with all statutory requirements. ABUSE PREVENTION UNIT Everyone at DPPC shares in the responsibility for preventing abuse. DPPC continually strives to identify new and effective ways to educate direct care staff, law enforcement, others working with persons with disabilities and the public about the prevalence of abuse of persons with disabilities. The DPPC’s abuse prevention strategy is to decrease incidents of abuse by increasing awareness about how widespread the problem of abuse/neglect against persons with disabilities is; and then to educate people regarding the important role they can play in preventing or stopping this abuse. To educate people the DPPC Prevention Unit distributes 19C informational materials and conducts training on an ongoing basis. Training is provided to a broad range of people including law enforcement, educators, medical professionals, service providers and persons with disabilities. Topics include recognizing and reporting abuse, preservation of evidence, the DPPC investigation process, communicating with individuals from varied backgrounds or with differing communication needs as well as regulatory and statutory compliance. 7 Run Date 4/8/2016 January—February—March 2016 DPPC Quarterly Report MASSACHUSETTS AGENCIES PARTNER FOR CRIME VICTIMS WITH DISABILITIES In May of 1999 a partnership was formed in Massachusetts between law enforcement and human service agencies in an effort to effectively and efficiently address abuse, neglect and crimes committed against persons with disabilities. “Building Partnerships for the Protection of Persons with Disabilities,” is a unique initiative which affords equal access to the criminal justice system for crime victims with disabilities. The initiative, which uses a multidisciplinary approach to address crimes against persons with disabilities, was conceived and implemented thanks to the foresight of Elizabeth D. Scheibel, District Attorney of the Northwestern District and Gerald J. Morrissey, Jr., then Commissioner of the Department of Developmental Services (DDS), through the commitment of the Disabled Persons Protection Commission (DPPC) and the support of the Executive Office of Health and Human Services (EOHHS). The statewide partnership is funded through an Executive Office of Public Safety (EOPS) Byrne grant and administered by the Massachusetts District Attorneys' Association (MDAA). The partnership initiative brings together, through formal Memorandums of Understanding (MOU), the District Attorney, human service organizations and law enforcement agencies in each county. The goals of the initiative are to provide protection, treatment and continuity of care for persons with disabilities who are victims of a crime; to increase awareness of crimes being committed against persons with disabilities; to increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities; and to ensure that crimes committed against persons with disabilities are promptly reported, investigated by trained law enforcement personnel and prosecuted when appropriate. With the MOU, in FY 2015, 1,536 cases were investigated criminally resulting in at least 103 criminal complaints. Of those 1,536 criminal cases, 467 were crimes of a sexual nature. The following graph depicts the increase in abuse reports referred to the district attorneys for criminal investigation and possible prosecution for FY 1997 through FY 2015. Criminal Investigations Charges 1800 1570 1536 1600 1425 1400 1243 1200 996 1000 880 800 622 645 600 0 726 793 876 477 400 200 835 1103 1053 238 32 86 0 4 321 39 69 92 165 152 153 123 155 139 124 155 103 135 109 112 116 126 FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LT. GOVERNOR The DPPC’s staff thanks you for taking the time to review this quarterly report. If you have questions or require additional information, please do not hesitate to contact the DPPC, at (617) 727-6465. The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street ▪ Suite 404 ▪ Braintree MA 02184 Office Hours: 8:45 am - 5:00 pm Monday - Friday (617) 727-6465 ▪ (888) 822-0350 TTY ▪ (617) 727-6469 FAX 24 Hour HOTLINE: (800) 426-9009 or (888) 822-0350 TTY WEBSITE: http://www.state.ma.us/dppc 8 GAIL VARRASSO CHAIRPERSON YNDIA LORICKWILMOT, Ph.D. COMMISSIONER MAURICE MEDOFF COMMISSIONER NANCY A. ALTERIO EXECUTIVE DIRECTOR Run Date 4/8/2016 April—May—June 2016 DPPC Quarterly Report The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street · Suite 404 · Braintree · MassachuseƩs · 02184 DPPC Quarterly Report April-May-June 2016 Report suspected abuse of persons with disabilities to the DPPC 24 hour Hotline 1-800-426-9009 1-888-822-0350 TTY Run Date 7/6/2016 April—May—June 2016 DPPC Quarterly Report DPPC OVERVIEW Every month, the DPPC receives hundreds of abuse reports. These reports are maintained and tracked using an extensive computer database. In the DPPC database, over 500 pieces of information related to each report are maintained. The information ranges from basic demographic information regarding the people involved, including the victim, to specific information about the site of the alleged abuse and other factors that may have contributed to the abuse. The DPPC tracks different types of injury, and information about whether an injury was caused by abuse or neglect. In addition to the hundreds of other categories, the DPPC tracks whether the alleged abuse or neglect reported represents a crime. Information in the database is analyzed continually in an effort to identify potential preventative measures to be implemented and/or , trends and systemic challenges needing attention. On a quarterly basis a portion of the data is calculated and provided for review. In addition to providing the quarterly statistical data, for those of you who are not familiar with the DPPC, this report also presents the history, mission and an overview of the operations of the Agency. complementary missions, including, but not limited to the Executive Office of Elder Affairs, Department of Children and Families, Department of Developmental Services, Department of Mental Health, Massachusetts Rehabilitation Commission and the local and state police. Replacing none of them, the DPPC was designed to closely coordinate its work with all. The DPPC, similar to the Department of Children and Families for children and the Executive Office of Elder Affairs for elders, acts to protect adults with disabilities who are dependent on others to meet a daily living need. DPPC fills the gap between the child protection and elder protection systems. DPPC is a small agency, located in Braintree, MA. It has a staff of 32 full time employees including five investigators, five oversight officers and four hotline operators. The DPPC is comprised of six units including Prevention, Intake/Oversight, Investigation, Legal, Information Technology and Administration and Finance. During fiscal year 1998, a State Police Detective Unit (SPDU) was established within the DPPC. The SPDU is comprised of a Sergeant and four troopers. The SPDU is physically located within the offices of the DPPC. The DPPC was created through legislation in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse against persons with disabilities. The mission of the DPPC is to protect adults with disabilities from the abusive acts and omissions of their caregivers through investigation, oversight, public awareness and abuse prevention. Pursuant to its enabling statute, M.G.L. c. 19C, the jurisdiction of the DPPC extends to adults with disabilities between the ages of 18 and 59 who suffer serious physical and/or emotional injury through an act and/or omission by their caretaker(s). This protection is provided whether the individual is in state care or in a private setting. The DPPC Hotline receives reports of abuse committed against persons with disabilities 24 hours per day, seven days per week, at 1-800-4269009 or 1-888-822-0350 TTY. During this quarter the DPPC received 2,911 reports of abuse. In addition, DPPC staff responded to approximately 1,522 referral and informational requests. Every abuse report made to the Hotline is reviewed pursuant to the DPPC screening criteria. A determination is made regarding whether the report represents an emergency or non-emergency, and then, whether the situation meets the agency’s jurisdictional criteria. During this quarter of the fiscal year, 815 of the reports to the DPPC Hotline were assigned for 19C investigation. Also during this quarter of the fiscal year, 2,096 reports not within the jurisdiction of the Commission were forwarded to the appropriate state agency for review and action as necessary. Although an independent agency, DPPC was designed to be one of a number of agencies with 2 Run Date 7/6/2016 April—May—June 2016 DPPC Quarterly Report DPPC INVESTIGATION UNIT Reports of alleged abuse determined to be DPPC Hotline Activity within the jurisdiction of the DPPC are Number of immediately assigned to an Adult Protective Reports Screened In Services (APS) Investigator and a DPPC for Oversight Officer. The APS Investigator may be Investigation, one of DPPC’s Investigators or an Investigator 815 from the Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Number of Commission (MRC). The DPPC Investigation Reports Not Unit and the Investigation Units of DDS, DMH Under 19C Jurisdiction, and MRC conduct abuse investigations under 2,096 the authority of M.G.L. c. 19C. The primary focus of all APS investigations is the protection of vulnerable individuals. Investigators also During this Quarter four reports received by the DPPC look for systemic issues that may contribute or Hotline were identified as malicious. lead to abuse. DPPC OVERSIGHT UNIT SCREENED IN BY DISABILIT Y 1600 1,363 1400 1200 1068 1000 766 800 600 400 200 0 21 119 58 161 44 156 102 The DPPC protects individuals with any form of disability. This chart illustrates abuse reports to the DPPC Hotline by disability for this quarter. 3 The DPPC Oversight Unit is responsible for monitoring all 19C investigations. Every case, whether investigated by DPPC, DDS, DMH or MRC, is monitored by one of DPPC's five Oversight Officers to ensure that the victim is safe, the report is timely and the investigation is thorough. In cases where abuse by a caregiver has been substantiated, protective services are provided by the respective service-providing agency, DDS, DMH or MRC. To confirm that necessary protective services are implemented, the DPPC Oversight Officers monitor cases until risk of harm to the victim is adequately reduced or eliminated. Run Date 7/6/2016 April—May—June 2016 DPPC Quarterly Report STATE POLICE DETECTIVE UNIT Disabled Persons Protection Commission APS Criminal Reports by County April 1, 2016 through June 30, 2016 The graph is a breakdown by 600 county of the number of re548 Total Reports Received ports received by the DPPC 483 Total Reports Investigated Under DPPC Jurisdiction 500 Hotline, reports meeting the jurisdiction for an APS investiTotal Reports Involving Criminal Ac tivity 400 gation, and the number of re323 316 ports referred to the District 291 277 300 Attorney for criminal investi209 gation. 188 200 145 143 The troopers of the SPDU review 100% of the complaints 54 48 83 52 40 31 29 12 received by the DPPC to deter8 51 3 7 6 5 20 mine which of these com0 plaints constitute criminal activity against a person with a disability. Within this quarter the SPDU reviewed 2,911 allegations of abuse. Of the 2,911 reports reviewed, 402 or 13.7% were referred to the District Attorney for criminal investigation and criminal charges were filed in at least 5 cases. 100 70 60 18 13 93 68 36 56 17 54 7324 91 70 76 MASSACHUSETTS STATE POLICE The Massachusetts State Police Detective Unit (SPDU) assigned to the DPPC analyzes the types of crimes involved in the abuse reports received by the DPPC Hotline. This chart presents the types of criminal activity reported. Consistently a significant percentage of the criminal activity is sexual in nature. Criminal Activity Report April 1, 2016 through June 30, 2016 Often reports to the DPPC Hotline inCaretakers Negligence 22 volve domestic vioNarcotics Violations 6 lence. Domestic vioDeath 4 lence is abuse that Larceny on a Person with a Disability 41 often takes place Rape 48 Indecent Assault & Battery 84 where the person Assault & Battery with a Weapon 8 lives. Domestic vioA&B on a Person with an Intellectual… 11 lence can be any 92 Domestic Assault & Battery 187 A&B on a Person with a Disability type of abuse including sexual as0 50 100 150 200 sault and rape, emotional, psychological or financial. Domestic violence involves "family and household members" who are or were married, living together, related by blood, parents of a common child or involved in a substantive dating relationship. During this quarter it was determined that 106 reports made to the DPPC Hotline involved domestic violence abuse. 4 Run Date 7/6/2016 April—May—June 2016 DPPC Quarterly Report LEGAL UNIT The DPPC Legal Unit provides legal advice and guidance on matters before the DPPC. This includes assistance provided to DPPC staff and staff of the Department of Developmental Services, the Department of Mental Health and the Massachusetts Rehabilitation Commission. In addition, the Legal Unit performs the following functions within the DPPC:  Secures Access Warrants when law enforcement and/or 19C investigators are unreasonably denied access to an alleged victim of abuse.  Obtains judicial Protective Orders when an alleged victim of abuse is at immediate risk of harm and is not able to consent to the provision of protective services due to a mental or physical impairment.  Responds to reports of Mandated Reporters’ failure to report abuse as required by M.G.L. c. 19C §10.  Completes Petitions for Review as outlined in 118 CMR. The alleged victim, the alleged abuser and other parties involved in an investigation, may request a review of the findings. Upon the conclusion of the review process, the investigation report may be amended if the facts provided in the Petition are found to be meritorious. The DPPC received 31 Petitions for Review during this quarter.  Ensures that all responses to requests for DPPC records are compliant with all statutory requirements. ABUSE PREVENTION UNIT Everyone at DPPC shares in the responsibility for preventing abuse. DPPC continually strives to identify new and effective ways to educate direct care staff, law enforcement, others working with persons with disabilities and the public about the prevalence of abuse of persons with disabilities. The DPPC’s abuse prevention strategy is to decrease incidents of abuse by increasing awareness about how widespread the problem of abuse/neglect against persons with disabilities is; and then to educate people regarding the important role they can play in preventing or stopping this abuse. To educate people, the DPPC Prevention Unit distributes informational materials and conducts training on an ongoing basis. Training is provided to a broad range of people including law enforcement, educators, medical professionals, service providers and persons with disabilities. Topics include recognizing and reporting abuse, preservation of evidence, the DPPC investigation process, communicating with individuals from varied backgrounds or with differing communication needs as well as regulatory and statutory compliance. 5 Run Date 7/6/2016 April—May—June 2016 DPPC Quarterly Report MASSACHUSETTS AGENCIES PARTNER FOR CRIME VICTIMS WITH DISABILITIES Building Partnerships for the Protection of Persons with Disabilities (BPI) is a statewide Massachusetts initiative that, using a multidisciplinary approach, links law enforcement, adult protection, human services and others to address violence committed against persons with disabilities. The partnership was formed in 1999 to effectively address abuse, neglect and crimes committed against persons with disabilities. In addition, the partnership was created to respond to the fact that crimes committed against persons with disabilities in the Commonwealth were not being recognized or reported to the appropriate authorities. Having started as a federally funded Byrne grant program, BPI is currently funded through an award to the Essex District Attorney’s Office from the Department of Developmental Services (DDS) and is staffed by a part-time project coordinator. A BPI steering committee, cochaired by retired Northwestern District Attorney Elizabeth D. Scheibel and Disabled Persons Protection Commission (DPPC) Executive Director Nancy A. Alterio, oversees the initiative’s legislative and training activities. Through the efforts of the steering committee, thousands of persons with disabilities, local and state police, adult protective service investigators, victim witness advocates, assistant district attorneys and human service providers have been trained to effectively recognize, report, investigate abuse and neglect, and prosecute crimes committed against persons with disabilities. The partnership initiative brings together, through formal Memorandums of Understanding (MOU), the District Attorney, DPPC, human service organizations and law enforcement agencies in each county. The goals of the initiative are to provide protection, treatment and continuity of care for persons with disabilities who are victims of a crime; to increase awareness of crimes being committed against persons with disabilities; to increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities; and to ensure that crimes committed against persons with disabilities are promptly reported, investigated by trained law enforcement personnel and prosecuted by the District Attorneys. With the MOU, in FY 2016, 1,500 cases were investigated criminally resulting in at least 50 criminal complaints. Of those 1,500 criminal cases, 494 were crimes of a sexual nature. The following graph depicts the increase in abuse reports referred to the district attorneys for criminal investigation and possible prosecution for FY 1997 through FY 2016. Criminal Investigations Charges 1800 1600 1400 1425 1200 1000 800 996 622 645 600 400 200 0 32 0 86 238 4 321 39 69 1 103 1570 1536 1500 1243 1053 880 835 726 793 876 477 92 155 139 135 109 112 116 126 152 153 123 165 124 155 126 50 FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LT. GOVERNOR The DPPC’s staff thanks you for taking the time to review this quarterly report. If you have questions or require additional information, please do not hesitate to contact the DPPC, at (617) 727-6465. The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street ▪ Suite 404 ▪ Braintree MA 02184 Office Hours: 8:45 am - 5:00 pm Monday - Friday (617) 727-6465 ▪ (888) 822-0350 TTY ▪ (617) 727-6469 FAX 24 Hour HOTLINE: (800) 426-9009 or (888) 822-0350 TTY WEBSITE: http://www.state.ma.us/dppc 6 JAMES T. BRETT CHAIRPERSON YNDIA LORICK-WILMOT, Ph.D. COMMISSIONER MAURICE MEDOFF COMMISSIONER NANCY A. ALTERIO EXECUTIVE DIRECTOR Run Date 7/6/2016 July—August—September 2016 DPPC Quarterly Report The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street · Suite 404 · Braintree · MassachuseƩs · 02184 DPPC Quarterly Report July-August-September 2016 Report suspected abuse of persons with disabilities to the DPPC 24 hour Hotline 1-800-426-9009 1-888-822-0350 TTY Run Date 10/7/2016 July—August—September 2016 DPPC Quarterly Report DPPC OVERVIEW Every month, the DPPC receives hundreds of abuse reports. These reports are maintained and tracked using an extensive computer database. In the DPPC database, over 500 pieces of information related to each report are maintained. The information ranges from basic demographic information regarding the people involved, including the victim, to specific information about the site of the alleged abuse and other factors that may have contributed to the abuse. The DPPC tracks different types of injury, and information about whether an injury was caused by abuse or neglect. In addition to the hundreds of other categories, the DPPC tracks whether the alleged abuse or neglect reported represents a crime. Information in the database is analyzed continually in an effort to identify potential preventative measures to be implemented and/or , trends and systemic challenges needing attention. On a quarterly basis a portion of the data is calculated and provided for review. In addition to providing the quarterly statistical data, for those of you who are not familiar with the DPPC, this report also presents the history, mission and an overview of the operations of the Agency. complementary missions, including, but not limited to the Executive Office of Elder Affairs, Department of Children and Families, Department of Developmental Services, Department of Mental Health, Massachusetts Rehabilitation Commission and the local and state police. Replacing none of them, the DPPC was designed to closely coordinate its work with all. The DPPC, similar to the Department of Children and Families for children and the Executive Office of Elder Affairs for elders, acts to protect adults with disabilities who are dependent on others to meet a daily living need. DPPC fills the gap between the child protection and elder protection systems. DPPC is a small agency, located in Braintree, MA. It has a staff of 32 full time employees including five investigators, five oversight officers and four hotline operators. The DPPC is comprised of six units including Prevention, Intake/Oversight, Investigation, Legal, Information Technology and Administration and Finance. During fiscal year 1998, a State Police Detective Unit (SPDU) was established within the DPPC. The SPDU is comprised of a Sergeant and four troopers. The SPDU is physically located within the offices of the DPPC. The DPPC was created through legislation in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse against persons with disabilities. The mission of the DPPC is to protect adults with disabilities from the abusive acts and omissions of their caregivers through investigation, oversight, public awareness and abuse prevention. Pursuant to its enabling statute, M.G.L. c. 19C, the jurisdiction of the DPPC extends to adults with disabilities between the ages of 18 and 59 who suffer serious physical and/or emotional injury through an act and/or omission by their caretaker(s). This protection is provided whether the individual is in state care or in a private setting. The DPPC Hotline receives reports of abuse committed against persons with disabilities 24 hours per day, seven days per week, at 1-800-4269009 or 1-888-822-0350 TTY. During this quarter the DPPC received 3,066 reports of abuse. In addition, DPPC staff responded to approximately 1,600 referral and informational requests. Every abuse report made to the Hotline is reviewed pursuant to the DPPC screening criteria. A determination is made regarding whether the report represents an emergency or non-emergency, and then, whether the situation meets the agency’s jurisdictional criteria. During this quarter of the fiscal year, 732 of the reports to the DPPC Hotline were assigned for 19C investigation. Also during this quarter of the fiscal year, 2,334reports not within the jurisdiction of the Commission were forwarded to the appropriate state agency for review and action as necessary. Although an independent agency, DPPC was designed to be one of a number of agencies with 2 Run Date 10/7/2016 July—August—September 2016 DPPC Quarterly Report DPPC INVESTIGATION UNIT Reports of alleged abuse determined to be Number of DPPC Hotline Activity within the jurisdiction of the DPPC are Reports Screened In immediately assigned to an Adult Protective for Services (APS) Investigator and a DPPC Investigation, Oversight Officer. The APS Investigator may be 732 one of DPPC’s Investigators or an Investigator from the Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Number of Commission (MRC). The DPPC Investigation Reports Not Unit and the Investigation Units of DDS, DMH Under 19C and MRC conduct abuse investigations under Jurisdiction, 2,334 the authority of M.G.L. c. 19C. The primary focus of all APS investigations is the protection of vulnerable individuals. Investigators also During this Quarter one report received by the DPPC look for systemic issues that may contribute or Hotline was identified as malicious. lead to abuse. DPPC OVERSIGHT UNIT 1600 SCREENED IN BY DISABILIT Y 1,520 1400 1165 1200 895 1000 800 600 400 200 0 127 71 25 195 43 146 102 The DPPC protects individuals with any form of disability. This chart illustrates abuse reports to the DPPC Hotline by disability for this quarter. 3 The DPPC Oversight Unit is responsible for monitoring all 19C investigations. Every case, whether investigated by DPPC, DDS, DMH or MRC, is monitored by one of DPPC's five Oversight Officers to ensure that the victim is safe, the report is timely and the investigation is thorough. In cases where abuse by a caregiver has been substantiated, protective services are provided by the respective service-providing agency, DDS, DMH or MRC. To confirm that necessary protective services are implemented, the DPPC Oversight Officers monitor cases until risk of harm to the victim is adequately reduced or eliminated. Run Date 10/7/2016 July—August—September 2016 DPPC Quarterly Report STATE POLICE DETECTIVE UNIT Disabled Persons Protection Commission APS Criminal Reports by County July 1, 2016 through September 30, 2016 700 The graph is a breakdown by Total Reports Received 592 county of the number of re600 Total Reports Investigated Under DPPC Jurisdiction ports received by the DPPC Total Reports Involving Criminal Activity Hotline, reports meeting the 500 423 jurisdiction for an APS inves375 400 340 tigation, and the number of 320 reports referred to the District 268 241 300 246 Attorney for criminal investigation. 200 70 22 96 128 58 78 70 49 17 100 58 59 86 54 38 15 The troopers of the SPDU re23 view 100% of the complaints 61 0 15 50 6 9 3 0 received by the DPPC to determine which of these complaints constitute criminal activity against a person with a disability. Within this quarter the SPDU reviewed 3,066 allegations of abuse. Of the 3,066 reports reviewed, 405 or 13.2% were referred to the District Attorney for criminal investigation and criminal charges were filed in at least 8 cases. 100 58 18 55 42 6 57 65 31 MASSACHUSETTS STATE POLICE The Massachusetts State Police Detective Unit (SPDU) assigned to the DPPC analyzes the types of crimes involved in the abuse reports received by the DPPC Hotline. This chart presents the types of criminal activity reported. Consistently a significant percentage of the criminal activity is sexual in nature. Criminal Activity Report July 1, 2016 through September 30, 2016 Often reports to the DPPC Hotline inCaretakers Negligence 23 volve domestic vioNarcotics Violations 5 lence. Domestic viDeath 5 olence is abuse that Larceny on a Person with a Disability 45 Rape often takes place 60 Indecent Assault & Battery 77 where the person Assault & Battery with a Weapon 15 lives. Domestic vioA&B on a Person with an Intellectual… 7 lence can be any 86 Domestic Assault & Battery A&B on a Person with a Disability 157 type of abuse including sexual as0 50 100 150 200 sault and rape, emotional, psychological or financial. Domestic violence involves "family and household members" who are or were married, living together, related by blood, parents of a common child or involved in a substantive dating relationship. During this quarter it was determined that 106 reports made to the DPPC Hotline involved domestic violence abuse. 4 Run Date 10/7/2016 July—August—September 2016 DPPC Quarterly Report LEGAL UNIT The DPPC Legal Unit provides legal advice and guidance on matters before the DPPC. This includes assistance provided to DPPC staff and staff of the Department of Developmental Services, the Department of Mental Health and the Massachusetts Rehabilitation Commission. In addition, the Legal Unit performs the following functions within the DPPC:  Secures Access Warrants when law enforcement and/or 19C investigators are unreasonably denied access to an alleged victim of abuse.  Obtains judicial Protective Orders when an alleged victim of abuse is at immediate risk of harm and is not able to consent to the provision of protective services due to a mental or physical impairment.  Responds to reports of Mandated Reporters’ failure to report abuse as required by M.G.L. c. 19C §10.  Completes Petitions for Review as outlined in 118 CMR. The alleged victim, the alleged abuser and other parties involved in an investigation, may request a review of the findings. Upon the conclusion of the review process, the investigation report may be amended if the facts provided in the Petition are found to be meritorious. The DPPC received 30 Petitions for Review during this quarter.  Ensures that all responses to requests for DPPC records are compliant with all statutory requirements. ABUSE PREVENTION UNIT Everyone at DPPC shares in the responsibility for preventing abuse. DPPC continually strives to identify new and effective ways to educate direct care staff, law enforcement, others working with persons with disabilities and the public about the prevalence of abuse of persons with disabilities. The DPPC’s abuse prevention strategy is to decrease incidents of abuse by increasing awareness about how widespread the problem of abuse/neglect against persons with disabilities is; and then to educate people regarding the important role they can play in preventing or stopping this abuse. To educate people, the DPPC Prevention Unit distributes informational materials and conducts training on an ongoing basis. Training is provided to a broad range of people including law enforcement, educators, medical professionals, service providers and persons with disabilities. Topics include recognizing and reporting abuse, preservation of evidence, the DPPC investigation process, communicating with individuals from varied backgrounds or with differing communication needs as well as regulatory and statutory compliance. 5 Run Date 10/7/2016 July—August—September 2016 DPPC Quarterly Report MASSACHUSETTS AGENCIES PARTNER FOR CRIME VICTIMS WITH DISABILITIES Building Partnerships for the Protection of Persons with Disabilities (BPI) is a statewide Massachusetts initiative that, using a multidisciplinary approach, links law enforcement, adult protection, human services and others to address violence committed against persons with disabilities. The partnership was formed in 1999 to effectively address abuse, neglect and crimes committed against persons with disabilities. In addition, the partnership was created to respond to the fact that crimes committed against persons with disabilities in the Commonwealth were not being recognized or reported to the appropriate authorities. Having started as a federally funded Byrne grant program, BPI is currently funded through an award to the Essex District Attorney’s Office from the Department of Developmental Services (DDS) and is staffed by a part-time project coordinator. A BPI steering committee, cochaired by retired Northwestern District Attorney Elizabeth D. Scheibel and Disabled Persons Protection Commission (DPPC) Executive Director Nancy A. Alterio, oversees the initiative’s legislative and training activities. Through the efforts of the steering committee, thousands of persons with disabilities, local and state police, adult protective service investigators, victim witness advocates, assistant district attorneys and human service providers have been trained to effectively recognize, report, investigate abuse and neglect, and prosecute crimes committed against persons with disabilities. The partnership initiative brings together, through formal Memorandums of Understanding (MOU), the District Attorney, DPPC, human service organizations and law enforcement agencies in each county. The goals of the initiative are to provide protection, treatment and continuity of care for persons with disabilities who are victims of a crime; to increase awareness of crimes being committed against persons with disabilities; to increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities; and to ensure that crimes committed against persons with disabilities are promptly reported, investigated by trained law enforcement personnel and prosecuted by the District Attorneys. With the MOU, in FY 2016, 1,500 cases were investigated criminally resulting in at least 55 criminal complaints. Of those 1,500 criminal cases, 494 were crimes of a sexual nature. The following graph depicts the increase in abuse reports referred to the district attorneys for criminal investigation and possible prosecution for FY 1997 through FY 2016. Criminal Investigations Charges 1800 1600 1400 1425 1200 1000 800 996 622 645 600 400 200 0 32 0 86 238 4 321 39 69 1 103 1570 1536 1500 1243 1053 880 835 726 793 876 477 92 155 139 135 109 112 116 126 152 153 123 165 124 155 126 55 FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LT. GOVERNOR The DPPC’s staff thanks you for taking the time to review this quarterly report. If you have questions or require additional information, please do not hesitate to contact the DPPC, at (617) 727-6465. The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street ▪ Suite 404 ▪ Braintree MA 02184 Office Hours: 8:45 am - 5:00 pm Monday - Friday (617) 727-6465 ▪ (888) 822-0350 TTY ▪ (617) 727-6469 FAX 24 Hour HOTLINE: (800) 426-9009 or (888) 822-0350 TTY WEBSITE: http://www.state.ma.us/dppc 6 JAMES T. BRETT CHAIRPERSON YNDIA LORICK-WILMOT, Ph.D. COMMISSIONER MAURICE MEDOFF COMMISSIONER NANCY A. ALTERIO EXECUTIVE DIRECTOR Run Date 10/7/2016 October—November—December 2016 DPPC Quarterly Report The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street · Suite 404 · Braintree · MassachuseƩs · 02184 DPPC Quarterly Report October-NovemberDecember 2016 Report suspected abuse of persons with disabilities to the DPPC 24 hour Hotline 1-800-426-9009 1-888-822-0350 TTY Run Date 1/9/2017 October—November—December 2016 DPPC Quarterly Report DPPC OVERVIEW Every month, the DPPC receives hundreds of abuse reports. These reports are maintained and tracked using an extensive computer database. In the DPPC database, over 500 pieces of information related to each report are maintained. The information ranges from basic demographic information regarding the people involved, including the victim, to specific information about the site of the alleged abuse and other factors that may have contributed to the abuse. The DPPC tracks different types of injury, and information about whether an injury was caused by abuse or neglect. In addition to the hundreds of other categories, the DPPC tracks whether the alleged abuse or neglect reported represents a crime. Information in the database is analyzed continually in an effort to identify potential preventative measures to be implemented and/or , trends and systemic challenges needing attention. On a quarterly basis a portion of the data is calculated and provided for review. In addition to providing the quarterly statistical data, for those of you who are not familiar with the DPPC, this report also presents the history, mission and an overview of the operations of the Agency. complementary missions, including, but not limited to the Executive Office of Elder Affairs, Department of Children and Families, Department of Developmental Services, Department of Mental Health, Massachusetts Rehabilitation Commission and the local and state police. Replacing none of them, the DPPC was designed to closely coordinate its work with all. The DPPC, similar to the Department of Children and Families for children and the Executive Office of Elder Affairs for elders, acts to protect adults with disabilities who are dependent on others to meet a daily living need. DPPC fills the gap between the child protection and elder protection systems. DPPC is a small agency, located in Braintree, MA. It has a staff of 32 full time employees including five investigators, five oversight officers and four hotline operators. The DPPC is comprised of six units including Prevention, Intake/Oversight, Investigation, Legal, Information Technology and Administration and Finance. During fiscal year 1998, a State Police Detective Unit (SPDU) was established within the DPPC. The SPDU is comprised of a Sergeant and four troopers. The SPDU is physically located within the offices of the DPPC. The DPPC was created through legislation in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse against persons with disabilities. The mission of the DPPC is to protect adults with disabilities from the abusive acts and omissions of their caregivers through investigation, oversight, public awareness and abuse prevention. Pursuant to its enabling statute, M.G.L. c. 19C, the jurisdiction of the DPPC extends to adults with disabilities between the ages of 18 and 59 who suffer serious physical and/or emotional injury through an act and/or omission by their caretaker(s). This protection is provided whether the individual is in state care or in a private setting. The DPPC Hotline receives reports of abuse committed against persons with disabilities 24 hours per day, seven days per week, at 1-800-4269009 or 1-888-822-0350 TTY. During this quarter the DPPC received 2,728 reports of abuse. In addition, DPPC staff responded to approximately 1,619 referral and informational requests. Every abuse report made to the Hotline is reviewed pursuant to the DPPC screening criteria. A determination is made regarding whether the report represents an emergency or non-emergency, and then, whether the situation meets the agency’s jurisdictional criteria. During this quarter of the fiscal year, 624 of the reports to the DPPC Hotline were assigned for 19C investigation. Also during this quarter of the fiscal year, 2,104 reports not within the jurisdiction of the Commission were forwarded to the appropriate state agency for review and action as necessary. Although an independent agency, DPPC was designed to be one of a number of agencies with 2 Run Date 1/9/2017 October—November—December 2016 DPPC Quarterly Report DPPC INVESTIGATION UNIT Number of Reports of alleged abuse determined to be DPPC Hotline Activity Reports within the jurisdiction of the DPPC are Screened In immediately assigned to an Adult Protective for Services (APS) Investigator and a DPPC Investigation, Oversight Officer. The APS Investigator may be 624 one of DPPC’s Investigators or an Investigator from the Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Number of Commission (MRC). The DPPC Investigation Reports Not Unit and the Investigation Units of DDS, DMH Under 19C and MRC conduct abuse investigations under Jurisdiction, the authority of M.G.L. c. 19C. The primary 2,104 focus of all APS investigations is the protection of vulnerable individuals. Investigators also During this Quarter three report received by the DPPC look for systemic issues that may contribute or Hotline was identified as malicious. lead to abuse. DPPC OVERSIGHT UNIT SCREENED IN BY DISABILIT Y 1400 1,235 1149 1200 1000 777 800 600 400 200 0 18 120 83 156 40 148 93 The DPPC protects individuals with any form of disability. This chart illustrates abuse reports to the DPPC Hotline by disability for this quarter. 3 The DPPC Oversight Unit is responsible for monitoring all 19C investigations. Every case, whether investigated by DPPC, DDS, DMH or MRC, is monitored by one of DPPC's five Oversight Officers to ensure that the victim is safe, the report is timely and the investigation is thorough. In cases where abuse by a caregiver has been substantiated, protective services are provided by the respective service-providing agency, DDS, DMH or MRC. To confirm that necessary protective services are implemented, the DPPC Oversight Officers monitor cases until risk of harm to the victim is adequately reduced or eliminated. Run Date 1/9/2017 October—November—December 2016 DPPC Quarterly Report STATE POLICE DETECTIVE UNIT Disabled Persons Protection Commission APS Criminal Reports by County October 1, 2016 through December 31, 2016 600 The graph is a breakdown by 547 Total Reports Received county of the number of reTotal Reports Investigated Under DPPC Jurisdiction 500 440 ports received by the DPPC Total Reports Involving Criminal Ac tivity Hotline, reports meeting the 400 jurisdiction for an APS investi314 gation, and the number of re282 300 248 ports referred to the District 237 212 Attorney for criminal investi168 200 gation. 100 88 61 14 74 47 75 81 39 26 95 104 67 45 46 The troopers of the SPDU review 100% of the complaints 22 70 8 12 10 1 10 5 2 received by the DPPC to deter0 mine which of these complaints constitute criminal activity against a person with a disability. Within this quarter the SPDU reviewed 2,728 allegations of abuse. Of the 2,728 reports reviewed, 370 or 13.5% were referred to the District Attorney for criminal investigation and criminal charges were filed in at least 7 cases. 22 41 38 33 58 36 45 61 10 MASSACHUSETTS STATE POLICE The Massachusetts State Police Detective Unit (SPDU) assigned to the DPPC analyzes the types of crimes involved in the abuse reports received by the DPPC Hotline. This chart presents the types of criminal activity reported. Consistently a significant percentage of the criminal activity is sexual in nature. Criminal Activity Report October 1, 2016 through December 31, 2016 Often reports to the DPPC Hotline inCaretakers Negligence 12 volve domestic vioNarcotics Violations 14 lence. Domestic vioDeath 3 lence is abuse that 48 Larceny on a Person with a Disability often takes place Rape 56 Indecent Assault & Battery 49 where the person 14 Assault & Battery with a Weapon lives. Domestic vioA&B on a Person with an Intellectual… 4 89 lence can be any Domestic Assault & Battery 144 A&B on a Person with a Disability type of abuse including sexual as0 50 100 150 sault and rape, emotional, psychological or financial. Domestic violence involves "family and household members" who are or were married, living together, related by blood, parents of a common child or involved in a substantive dating relationship. During this quarter it was determined that 110 reports made to the DPPC Hotline involved domestic violence abuse. 4 Run Date 1/9/2017 October—November—December 2016 DPPC Quarterly Report LEGAL UNIT The DPPC Legal Unit provides legal advice and guidance on matters before the DPPC. This includes assistance provided to DPPC staff and staff of the Department of Developmental Services, the Department of Mental Health and the Massachusetts Rehabilitation Commission. In addition, the Legal Unit performs the following functions within the DPPC:  Secures Access Warrants when law enforcement and/or 19C investigators are unreasonably denied access to an alleged victim of abuse.  Obtains judicial Protective Orders when an alleged victim of abuse is at immediate risk of harm and is not able to consent to the provision of protective services due to a mental or physical impairment.  Responds to reports of Mandated Reporters’ failure to report abuse as required by M.G.L. c. 19C §10.  Completes Petitions for Review as outlined in 118 CMR. The alleged victim, the alleged abuser and other parties involved in an investigation, may request a review of the findings. Upon the conclusion of the review process, the investigation report may be amended if the facts provided in the Petition are found to be meritorious. The DPPC received 24 Petitions for Review during this quarter.  Ensures that all responses to requests for DPPC records are compliant with all statutory requirements. ABUSE PREVENTION UNIT Everyone at DPPC shares in the responsibility for preventing abuse. DPPC continually strives to identify new and effective ways to educate direct care staff, law enforcement, others working with persons with disabilities and the public about the prevalence of abuse of persons with disabilities. The DPPC’s abuse prevention strategy is to decrease incidents of abuse by increasing awareness about how widespread the problem of abuse/neglect against persons with disabilities is; and then to educate people regarding the important role they can play in preventing or stopping this abuse. To educate people, the DPPC Prevention Unit distributes informational materials and conducts training on an ongoing basis. Training is provided to a broad range of people including law enforcement, educators, medical professionals, service providers and persons with disabilities. Topics include recognizing and reporting abuse, preservation of evidence, the DPPC investigation process, communicating with individuals from varied backgrounds or with differing communication needs as well as regulatory and statutory compliance. 5 Run Date 1/9/2017 October—November—December 2016 DPPC Quarterly Report MASSACHUSETTS AGENCIES PARTNER FOR CRIME VICTIMS WITH DISABILITIES Building Partnerships for the Protection of Persons with Disabilities (BPI) is a statewide Massachusetts initiative that, using a multidisciplinary approach, links law enforcement, adult protection, human services and others to address violence committed against persons with disabilities. The partnership was formed in 1999 to effectively address abuse, neglect and crimes committed against persons with disabilities. In addition, the partnership was created to respond to the fact that crimes committed against persons with disabilities in the Commonwealth were not being recognized or reported to the appropriate authorities. Having started as a federally funded Byrne grant program, BPI is currently funded through an award to the Essex District Attorney’s Office from the Department of Developmental Services (DDS) and is staffed by a part-time project coordinator. A BPI steering committee, cochaired by retired Northwestern District Attorney Elizabeth D. Scheibel and Disabled Persons Protection Commission (DPPC) Executive Director Nancy A. Alterio, oversees the initiative’s legislative and training activities. Through the efforts of the steering committee, thousands of persons with disabilities, local and state police, adult protective service investigators, victim witness advocates, assistant district attorneys and human service providers have been trained to effectively recognize, report, investigate abuse and neglect, and prosecute crimes committed against persons with disabilities. The partnership initiative brings together, through formal Memorandums of Understanding (MOU), the District Attorney, DPPC, human service organizations and law enforcement agencies in each county. The goals of the initiative are to provide protection, treatment and continuity of care for persons with disabilities who are victims of a crime; to increase awareness of crimes being committed against persons with disabilities; to increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities; and to ensure that crimes committed against persons with disabilities are promptly reported, investigated by trained law enforcement personnel and prosecuted by the District Attorneys. With the MOU, in FY 2016, 1,500 cases were investigated criminally resulting in at least 78 criminal complaints. Of those 1,500 criminal cases, 494 were crimes of a sexual nature. The following graph depicts the increase in abuse reports referred to the district attorneys for criminal investigation and possible prosecution for FY 1997 through FY 2016. Criminal Investigations Charges 1800 1600 1400 1425 1200 1000 800 996 622 645 600 400 200 0 32 0 86 238 4 321 39 69 1 103 1570 1536 1500 1243 1053 880 835 726 793 876 477 92 155 139 135 109 112 116 126 152 153 123 165 124 155 126 78 FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LT. GOVERNOR The DPPC’s staff thanks you for taking the time to review this quarterly report. If you have questions or require additional information, please do not hesitate to contact the DPPC, at (617) 727-6465. The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street ▪ Suite 404 ▪ Braintree MA 02184 Office Hours: 8:45 am - 5:00 pm Monday - Friday (617) 727-6465 ▪ (888) 822-0350 TTY ▪ (617) 727-6469 FAX 24 Hour HOTLINE: (800) 426-9009 or (888) 822-0350 TTY WEBSITE: http://www.state.ma.us/dppc 6 JAMES T. BRETT CHAIRPERSON YNDIA LORICK-WILMOT, Ph.D. COMMISSIONER MAURICE MEDOFF COMMISSIONER NANCY A. ALTERIO EXECUTIVE DIRECTOR Run Date 1/9/2017 January—February—March 2017 DPPC Quarterly Report The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street · Suite 404 · Braintree · MassachuseƩs · 02184 DPPC Quarterly Report January-February-March 2017 Report suspected abuse of persons with disabilities to the DPPC 24 hour Hotline 1-800-426-9009 1-888-822-0350 TTY Run Date 4/7/2017 January—February—March 2017 DPPC Quarterly Report DPPC OVERVIEW Every month, the DPPC receives hundreds of abuse reports. These reports are maintained and tracked using an extensive computer database. In the DPPC database, over 500 pieces of information related to each report are maintained. The information ranges from basic demographic information regarding the people involved, including the victim, to specific information about the site of the alleged abuse and other factors that may have contributed to the abuse. The DPPC tracks different types of injury, and information about whether an injury was caused by abuse or neglect. In addition to the hundreds of other categories, the DPPC tracks whether the alleged abuse or neglect reported represents a crime. Information in the database is analyzed continually in an effort to identify potential preventative measures to be implemented and/or , trends and systemic challenges needing attention. On a quarterly basis a portion of the data is calculated and provided for review. In addition to providing the quarterly statistical data, for those of you who are not familiar with the DPPC, this report also presents the history, mission and an overview of the operations of the Agency. complementary missions, including, but not limited to the Executive Office of Elder Affairs, Department of Children and Families, Department of Developmental Services, Department of Mental Health, Massachusetts Rehabilitation Commission and the local and state police. Replacing none of them, the DPPC was designed to closely coordinate its work with all. The DPPC, similar to the Department of Children and Families for children and the Executive Office of Elder Affairs for elders, acts to protect adults with disabilities who are dependent on others to meet a daily living need. DPPC fills the gap between the child protection and elder protection systems. DPPC is a small agency, located in Braintree, MA. It has a staff of 33 full time employees including five investigators, five oversight officers and four hotline operators. The DPPC is comprised of six units including Prevention, Intake/Oversight, Investigation, Legal, Information Technology and Administration and Finance. During fiscal year 1998, a State Police Detective Unit (SPDU) was established within the DPPC. The SPDU is comprised of a Sergeant and four troopers. The SPDU is physically located within the offices of the DPPC. The DPPC was created through legislation in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse against persons with disabilities. The mission of the DPPC is to protect adults with disabilities from the abusive acts and omissions of their caregivers through investigation, oversight, public awareness and abuse prevention. Pursuant to its enabling statute, M.G.L. c. 19C, the jurisdiction of the DPPC extends to adults with disabilities between the ages of 18 and 59 who suffer serious physical and/or emotional injury through an act and/or omission by their caretaker(s). This protection is provided whether the individual is in state care or in a private setting. The DPPC Hotline receives reports of abuse committed against persons with disabilities 24 hours per day, seven days per week, at 1-800-4269009 or 1-888-822-0350 TTY. During this quarter the DPPC received 2,631 reports of abuse. In addition, DPPC staff responded to approximately 1,269 referral and informational requests. Every abuse report made to the Hotline is reviewed pursuant to the DPPC screening criteria. A determination is made regarding whether the report represents an emergency or non-emergency, and then, whether the situation meets the agency’s jurisdictional criteria. During this quarter of the fiscal year, 558 of the reports to the DPPC Hotline were assigned for 19C investigation. Also during this quarter of the fiscal year, 2,073 reports not within the jurisdiction of the Commission were forwarded to the appropriate state agency for review and action as necessary. Although an independent agency, DPPC was designed to be one of a number of agencies with 2 Run Date 4/7/2017 January—February—March 2017 DPPC Quarterly Report DPPC INVESTIGATION UNIT Reports of alleged abuse determined to be Number of DPPC Hotline Activity within the jurisdiction of the DPPC are Reports immediately assigned to an Adult Protective Screened In for Services (APS) Investigator and a DPPC Investigation, Oversight Officer. The APS Investigator may be 558 one of DPPC’s Investigators or an Investigator from the Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Number of Commission (MRC). The DPPC Investigation Reports Not Unit and the Investigation Units of DDS, DMH Under 19C and MRC conduct abuse investigations under Jurisdiction, the authority of M.G.L. c. 19C. The primary 2,073 focus of all APS investigations is the protection of vulnerable individuals. Investigators also During this Quarter there were no reports received by look for systemic issues that may contribute or the DPPC Hotline that were identified as malicious. lead to abuse. DPPC OVERSIGHT UNIT 1400 SCREENED IN BY DISABILIT Y 1,242 1200 951 1000 747 800 600 400 200 0 107 58 17 170 34 127 85 The DPPC protects individuals with any form of disability. This chart illustrates abuse reports to the DPPC Hotline by disability for this quarter. 3 The DPPC Oversight Unit is responsible for monitoring all 19C investigations. Every case, whether investigated by DPPC, DDS, DMH or MRC, is monitored by one of DPPC's five Oversight Officers to ensure that the victim is safe, the report is timely and the investigation is thorough. In cases where abuse by a caregiver has been substantiated, protective services are provided by the respective service-providing agency, DDS, DMH or MRC. To confirm that necessary protective services are implemented, the DPPC Oversight Officers monitor cases until risk of harm to the victim is adequately reduced or eliminated. Run Date 4/7/2017 January—February—March 2017 DPPC Quarterly Report STATE POLICE DETECTIVE UNIT Disabled Persons Protection Commission APS Criminal Reports by County January 1, 2017 through March 31, 2017 600 The graph is a breakdown by Total Reports Received county of the number of re500 Total Reports Investigated Under DPPC Jurisdiction 500 442 ports received by the DPPC Total Reports Involving Criminal Ac tivity Hotline, reports meeting the 400 jurisdiction for an APS investi301 gation, and the number of re273 300 ports referred to the District 225 246 218 Attorney for criminal investi165 200 gation. 100 52 12 77 50 67 87 97 70 59 95 The troopers of the SPDU re24 24 view 100% of the complaints 30 0 7 20 9 7 5 received by the DPPC to deter0 mine which of these complaints constitute criminal activity against a person with a disability. Within this quarter the SPDU reviewed 2,631 allegations of abuse. Of the 2,631 reports reviewed, 338 or 12.8% were referred to the District Attorney for criminal investigation and criminal charges were filed in at least 18 cases. 13 40 27 28 4 33 11 54 38 51 53 44 14 MASSACHUSETTS STATE POLICE The Massachusetts State Police Detective Unit (SPDU) assigned to the DPPC analyzes the types of crimes involved in the abuse reports received by the DPPC Hotline. This chart presents the types of criminal activity reported. Consistently a significant percentage of the criminal activity is sexual in nature. Criminal Activity Report January 1, 2017 through March 31, 2017 Often reports to the DPPC Hotline inCaretakers Negligence 24 volve domestic vioNarcotics Violations 4 lence. Domestic vioDeath 15 lence is abuse that 43 Larceny on a Person with a Disability often takes place Rape 62 Indecent Assault & Battery 43 where the person 9 Assault & Battery with a Weapon lives. Domestic vioA&B on a Person with an Intellectual… 2 82 lence can be any Domestic Assault & Battery 129 A&B on a Person with a Disability type of abuse including sexual as0 50 100 150 sault and rape, emotional, psychological or financial. Domestic violence involves "family and household members" who are or were married, living together, related by blood, parents of a common child or involved in a substantive dating relationship. During this quarter it was determined that 99 reports made to the DPPC Hotline involved domestic violence abuse. 4 Run Date 4/7/2017 January—February—March 2017 DPPC Quarterly Report LEGAL UNIT The DPPC Legal Unit provides legal advice and guidance on matters before the DPPC. This includes assistance provided to DPPC staff and staff of the Department of Developmental Services, the Department of Mental Health and the Massachusetts Rehabilitation Commission. In addition, the Legal Unit performs the following functions within the DPPC:  Secures Access Warrants when law enforcement and/or 19C investigators are unreasonably denied access to an alleged victim of abuse.  Obtains judicial Protective Orders when an alleged victim of abuse is at immediate risk of harm and is not able to consent to the provision of protective services due to a mental or physical impairment.  Responds to reports of Mandated Reporters’ failure to report abuse as required by M.G.L. c. 19C §10.  Completes Petitions for Review as outlined in 118 CMR. The alleged victim, the alleged abuser and other parties involved in an investigation, may request a review of the findings. Upon the conclusion of the review process, the investigation report may be amended if the facts provided in the Petition are found to be meritorious. The DPPC received 21 Petitions for Review during this quarter.  Ensures that all responses to requests for DPPC records are compliant with all statutory requirements. ABUSE PREVENTION UNIT Everyone at DPPC shares in the responsibility for preventing abuse. DPPC continually strives to identify new and effective ways to educate direct care staff, law enforcement, others working with persons with disabilities and the public about the prevalence of abuse of persons with disabilities. The DPPC’s abuse prevention strategy is to decrease incidents of abuse by increasing awareness about how widespread the problem of abuse/neglect against persons with disabilities is; and then to educate people regarding the important role they can play in preventing or stopping this abuse. To educate people, the DPPC Prevention Unit distributes informational materials and conducts training on an ongoing basis. Training is provided to a broad range of people including law enforcement, educators, medical professionals, service providers and persons with disabilities. Topics include recognizing and reporting abuse, preservation of evidence, the DPPC investigation process, communicating with individuals from varied backgrounds or with differing communication needs as well as regulatory and statutory compliance. 5 Run Date 4/7/2017 January—February—March 2017 DPPC Quarterly Report MASSACHUSETTS AGENCIES PARTNER FOR CRIME VICTIMS WITH DISABILITIES Building Partnerships for the Protection of Persons with Disabilities (BPI) is a statewide Massachusetts initiative that, using a multidisciplinary approach, links law enforcement, adult protection, human services and others to address violence committed against persons with disabilities. The partnership was formed in 1999 to effectively address abuse, neglect and crimes committed against persons with disabilities. In addition, the partnership was created to respond to the fact that crimes committed against persons with disabilities in the Commonwealth were not being recognized or reported to the appropriate authorities. Having started as a federally funded Byrne grant program, BPI is currently funded through an award to the Essex District Attorney’s Office from the Department of Developmental Services (DDS) and is staffed by a part-time project coordinator. A BPI steering committee, cochaired by retired Northwestern District Attorney Elizabeth D. Scheibel and Disabled Persons Protection Commission (DPPC) Executive Director Nancy A. Alterio, oversees the initiative’s legislative and training activities. Through the efforts of the steering committee, thousands of persons with disabilities, local and state police, adult protective service investigators, victim witness advocates, assistant district attorneys and human service providers have been trained to effectively recognize, report, investigate abuse and neglect, and prosecute crimes committed against persons with disabilities. The partnership initiative brings together, through formal Memorandums of Understanding (MOU), the District Attorney, DPPC, human service organizations and law enforcement agencies in each county. The goals of the initiative are to provide protection, treatment and continuity of care for persons with disabilities who are victims of a crime; to increase awareness of crimes being committed against persons with disabilities; to increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities; and to ensure that crimes committed against persons with disabilities are promptly reported, investigated by trained law enforcement personnel and prosecuted by the District Attorneys. With the MOU, in FY 2016, 1,500 cases were investigated criminally resulting in at least 85 criminal complaints. Of those 1,500 criminal cases, 494 were crimes of a sexual nature. The following graph depicts the increase in abuse reports referred to the district attorneys for criminal investigation and possible prosecution for FY 1997 through FY 2016. Criminal Investigations Charges 1800 1600 1400 1425 1200 1000 800 996 622 645 600 400 200 0 32 0 86 238 4 321 39 69 1 103 1570 1536 1500 1243 1053 880 835 726 793 876 477 92 155 139 135 109 112 116 126 152 153 123 165 124 155 126 85 FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LT. GOVERNOR The DPPC’s staff thanks you for taking the time to review this quarterly report. If you have questions or require additional information, please do not hesitate to contact the DPPC, at (617) 727-6465. The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street ▪ Suite 404 ▪ Braintree MA 02184 Office Hours: 8:45 am - 5:00 pm Monday - Friday (617) 727-6465 ▪ (888) 822-0350 TTY ▪ (617) 727-6469 FAX 24 Hour HOTLINE: (800) 426-9009 or (888) 822-0350 TTY WEBSITE: http://www.state.ma.us/dppc 6 JAMES T. BRETT CHAIRPERSON YNDIA LORICK-WILMOT, Ph.D. COMMISSIONER MAURICE MEDOFF COMMISSIONER NANCY A. ALTERIO EXECUTIVE DIRECTOR Run Date 4/7/2017 April—May—June 2017 DPPC Quarterly Report The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street · Suite 404 · Braintree · MassachuseƩs · 02184 DPPC Quarterly Report April-May-June 2017 Report suspected abuse of persons with disabilities to the DPPC 24 hour Hotline 1-800-426-9009 1-888-822-0350 TTY Run Date 7/11/2017 April—May—June 2017 DPPC Quarterly Report DPPC OVERVIEW Every month, the DPPC receives hundreds of abuse reports. These reports are maintained and tracked using an extensive computer database. In the DPPC database, over 500 pieces of information related to each report are maintained. The information ranges from basic demographic information regarding the people involved, including the victim, to specific information about the site of the alleged abuse and other factors that may have contributed to the abuse. The DPPC tracks different types of injury, and information about whether an injury was caused by abuse or neglect. In addition to the hundreds of other categories, the DPPC tracks whether the alleged abuse or neglect reported represents a crime. Information in the database is analyzed continually in an effort to identify potential preventative measures to be implemented and/or , trends and systemic challenges needing attention. On a quarterly basis a portion of the data is calculated and provided for review. In addition to providing the quarterly statistical data, for those of you who are not familiar with the DPPC, this report also presents the history, mission and an overview of the operations of the Agency. complementary missions, including, but not limited to the Executive Office of Elder Affairs, Department of Children and Families, Department of Developmental Services, Department of Mental Health, Massachusetts Rehabilitation Commission and the local and state police. Replacing none of them, the DPPC was designed to closely coordinate its work with all. The DPPC, similar to the Department of Children and Families for children and the Executive Office of Elder Affairs for elders, acts to protect adults with disabilities who are dependent on others to meet a daily living need. DPPC fills the gap between the child protection and elder protection systems. DPPC is a small agency, located in Braintree, MA. It has a staff of 33 full time employees including five investigators, five oversight officers and four hotline operators. The DPPC is comprised of six units including Prevention, Intake/Oversight, Investigation, Legal, Information Technology and Administration and Finance. During fiscal year 1998, a State Police Detective Unit (SPDU) was established within the DPPC. The SPDU is comprised of a Sergeant and four troopers. The SPDU is physically located within the offices of the DPPC. The DPPC was created through legislation in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse against persons with disabilities. The mission of the DPPC is to protect adults with disabilities from the abusive acts and omissions of their caregivers through investigation, oversight, public awareness and abuse prevention. Pursuant to its enabling statute, M.G.L. c. 19C, the jurisdiction of the DPPC extends to adults with disabilities between the ages of 18 and 59 who suffer serious physical and/or emotional injury through an act and/or omission by their caretaker(s). This protection is provided whether the individual is in state care or in a private setting. The DPPC Hotline receives reports of abuse committed against persons with disabilities 24 hours per day, seven days per week, at 1-800-4269009 or 1-888-822-0350 TTY. During this quarter the DPPC received 2,970 reports of abuse. In addition, DPPC staff responded to approximately 1,453 referral and informational requests. Every abuse report made to the Hotline is reviewed pursuant to the DPPC screening criteria. A determination is made regarding whether the report represents an emergency or non-emergency, and then, whether the situation meets the agency’s jurisdictional criteria. During this quarter of the fiscal year, 657 of the reports to the DPPC Hotline were assigned for 19C investigation. Also during this quarter of the fiscal year, 2,313 reports not within the jurisdiction of the Commission were forwarded to the appropriate state agency for review and action as necessary. Although an independent agency, DPPC was designed to be one of a number of agencies with 2 Run Date 7/11/2017 April—May—June 2017 DPPC Quarterly Report DPPC INVESTIGATION UNIT Reports of alleged abuse determined to be DPPC Hotline Activity Number of within the jurisdiction of the DPPC are Reports immediately assigned to an Adult Protective Screened In Services (APS) Investigator and a DPPC for Investigation, Oversight Officer. The APS Investigator may be 657 one of DPPC’s Investigators or an Investigator from the Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Number of Commission (MRC). The DPPC Investigation Reports Not Unit and the Investigation Units of DDS, DMH Under 19C and MRC conduct abuse investigations under Jurisdiction, the authority of M.G.L. c. 19C. The primary 2,313 focus of all APS investigations is the protection of vulnerable individuals. Investigators also During this Quarter there were no reports received by look for systemic issues that may contribute or the DPPC Hotline that were identified as malicious. lead to abuse. DPPC OVERSIGHT UNIT 1600 SCREENED IN BY DISABILIT Y 1,439 1400 1200 1022 1000 794 800 600 400 200 0 133 63 161 14 39 160 100 The DPPC protects individuals with any form of disability. This chart illustrates abuse reports to the DPPC Hotline by disability for this quarter. 3 The DPPC Oversight Unit is responsible for monitoring all 19C investigations. Every case, whether investigated by DPPC, DDS, DMH or MRC, is monitored by one of DPPC's five Oversight Officers to ensure that the victim is safe, the report is timely and the investigation is thorough. In cases where abuse by a caregiver has been substantiated, protective services are provided by the respective service-providing agency, DDS, DMH or MRC. To confirm that necessary protective services are implemented, the DPPC Oversight Officers monitor cases until risk of harm to the victim is adequately reduced or eliminated. Run Date 7/11/2017 April—May—June 2017 DPPC Quarterly Report STATE POLICE DETECTIVE UNIT Disabled Persons Protection Commission APS Criminal Reports by County April 1, 2017 through June 30, 2017 600 558 The graph is a breakdown by Total Reports Received county of the number of reTotal Reports Investigated Under DPPC Jurisdiction 500 ports received by the DPPC 435 Total Reports Involving Criminal Ac tivity Hotline, reports meeting the 400 jurisdiction for an APS investi323 299 302 299 gation, and the number of re300 ports referred to the District 237 209 Attorney for criminal investi200 gation. 100 83 56 16 24 79 50 83 125 104 75 77 84 The troopers of the SPDU re27 view 100% of the complaints 6 00 0 18 10 14 00 3 received by the DPPC to deter0 mine which of these complaints constitute criminal activity against a person with a disability. Within this quarter the SPDU reviewed 2,970 allegations of abuse. Of the 2,970 reports reviewed, 365 or 12.3% were referred to the District Attorney for criminal investigation and criminal charges were filed in at least 10 cases. 36 37 37 26 23 49 36 55 50 40 7 MASSACHUSETTS STATE POLICE The Massachusetts State Police Detective Unit (SPDU) assigned to the DPPC analyzes the types of crimes involved in the abuse reports received by the DPPC Hotline. This chart presents the types of criminal activity reported. Consistently a significant percentage of the criminal activity is sexual in nature. Criminal Activity Report April 1, 2017 through June 30, 2017 Often reports to the DPPC Hotline inCaretakers Negligence 10 volve domestic vioNarcotics Violations 6 lence. Domestic vioDeath 7 lence is abuse that 58 Larceny on a Person with a Disability often takes place Rape 67 Indecent Assault & Battery 48 where the person 7 Assault & Battery with a Weapon lives. Domestic vioA&B on a Person with an Intellectual… 3 86 lence can be any Domestic Assault & Battery 120 A&B on a Person with a Disability type of abuse including sexual as0 20 40 60 80 100 120 sault and rape, emotional, psychological or financial. Domestic violence involves "family and household members" who are or were married, living together, related by blood, parents of a common child or involved in a substantive dating relationship. During this quarter it was determined that 103 reports made to the DPPC Hotline involved domestic violence abuse. 4 Run Date 7/11/2017 April—May—June 2017 DPPC Quarterly Report LEGAL UNIT The DPPC Legal Unit provides legal advice and guidance on matters before the DPPC. This includes assistance provided to DPPC staff and staff of the Department of Developmental Services, the Department of Mental Health and the Massachusetts Rehabilitation Commission. In addition, the Legal Unit performs the following functions within the DPPC:  Secures Access Warrants when law enforcement and/or 19C investigators are unreasonably denied access to an alleged victim of abuse.  Obtains judicial Protective Orders when an alleged victim of abuse is at immediate risk of harm and is not able to consent to the provision of protective services due to a mental or physical impairment.  Responds to reports of Mandated Reporters’ failure to report abuse as required by M.G.L. c. 19C §10.  Completes Petitions for Review as outlined in 118 CMR. The alleged victim, the alleged abuser and other parties involved in an investigation, may request a review of the findings. Upon the conclusion of the review process, the investigation report may be amended if the facts provided in the Petition are found to be meritorious. The DPPC received 19 Petitions for Review during this quarter.  Ensures that all responses to requests for DPPC records are compliant with all statutory requirements. ABUSE PREVENTION UNIT Everyone at DPPC shares in the responsibility for preventing abuse. DPPC continually strives to identify new and effective ways to educate direct care staff, law enforcement, others working with persons with disabilities and the public about the prevalence of abuse of persons with disabilities. The DPPC’s abuse prevention strategy is to decrease incidents of abuse by increasing awareness about how widespread the problem of abuse/neglect against persons with disabilities is; and then to educate people regarding the important role they can play in preventing or stopping this abuse. To educate people, the DPPC Prevention Unit distributes informational materials and conducts training on an ongoing basis. Training is provided to a broad range of people including law enforcement, educators, medical professionals, service providers and persons with disabilities. Topics include recognizing and reporting abuse, preservation of evidence, the DPPC investigation process, communicating with individuals from varied backgrounds or with differing communication needs as well as regulatory and statutory compliance. 5 Run Date 7/11/2017 April—May—June 2017 DPPC Quarterly Report MASSACHUSETTS AGENCIES PARTNER FOR CRIME VICTIMS WITH DISABILITIES Building Partnerships for the Protection of Persons with Disabilities (BPI) is a statewide Massachusetts initiative that, using a multidisciplinary approach, links law enforcement, adult protection, human services and others to address violence committed against persons with disabilities. The partnership was formed in 1999 to effectively address abuse, neglect and crimes committed against persons with disabilities. In addition, the partnership was created to respond to the fact that crimes committed against persons with disabilities in the Commonwealth were not being recognized or reported to the appropriate authorities. Having started as a federally funded Byrne grant program, BPI is currently funded through an award to the Essex District Attorney’s Office from the Department of Developmental Services (DDS) and is staffed by a part-time project coordinator. A BPI steering committee, cochaired by retired Northwestern District Attorney Elizabeth D. Scheibel and Disabled Persons Protection Commission (DPPC) Executive Director Nancy A. Alterio, oversees the initiative’s legislative and training activities. Through the efforts of the steering committee, thousands of persons with disabilities, local and state police, adult protective service investigators, victim witness advocates, assistant district attorneys and human service providers have been trained to effectively recognize, report, investigate abuse and neglect, and prosecute crimes committed against persons with disabilities. The partnership initiative brings together, through formal Memorandums of Understanding (MOU), the District Attorney, DPPC, human service organizations and law enforcement agencies in each county. The goals of the initiative are to provide protection, treatment and continuity of care for persons with disabilities who are victims of a crime; to increase awareness of crimes being committed against persons with disabilities; to increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities; and to ensure that crimes committed against persons with disabilities are promptly reported, investigated by trained law enforcement personnel and prosecuted by the District Attorneys. With the MOU, in FY 2017, 1,478 cases were investigated criminally resulting in at least 82 criminal complaints. Of those 1,478 criminal cases, 462 were crimes of a sexual nature. The following graph depicts the increase in abuse reports referred to the district attorneys for criminal investigation and possible prosecution for FY 1997 through FY 2017. Criminal Investigations 1600 1400 1200 1000 800 600 400 200 0 Charges 1570 1536 1425 1500 1478 1243 880 835 622 645 726 793 876 996 1103 1053 477 32 0 86 238 39 4 321 69 92 155 139 135 109 112 116 126 152 153 123 165 124 155 126 96 82 FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LT. GOVERNOR The DPPC’s staff thanks you for taking the time to review this quarterly report. If you have questions or require additional information, please do not hesitate to contact the DPPC, at (617) 727-6465. The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street ▪ Suite 404 ▪ Braintree MA 02184 Office Hours: 8:45 am - 5:00 pm Monday - Friday (617) 727-6465 ▪ (888) 822-0350 TTY ▪ (617) 727-6469 FAX 24 Hour HOTLINE: (800) 426-9009 or (888) 822-0350 TTY WEBSITE: http://www.state.ma.us/dppc 6 JAMES T. BRETT CHAIRPERSON YNDIA LORICK-WILMOT, Ph.D. COMMISSIONER MAURICE MEDOFF COMMISSIONER NANCY A. ALTERIO EXECUTIVE DIRECTOR Run Date 7/11/2017 July—August—September 2017 DPPC Quarterly Report The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street · Suite 404 · Braintree · MassachuseƩs · 02184 DPPC Quarterly Report July-August-September 2017 Report suspected abuse of persons with disabilities to the DPPC 24 hour Hotline 1-800-426-9009 1-888-822-0350 TTY Run Date 10/13/2017 July—August—September 2017 DPPC Quarterly Report DPPC OVERVIEW Every month, the DPPC receives hundreds of abuse reports. These reports are maintained and tracked using an extensive computer database. In the DPPC database, over 500 pieces of information related to each report are maintained. The information ranges from basic demographic information regarding the people involved, including the victim, to specific information about the site of the alleged abuse and other factors that may have contributed to the abuse. The DPPC tracks different types of injury, and information about whether an injury was caused by abuse or neglect. In addition to the hundreds of other categories, the DPPC tracks whether the alleged abuse or neglect reported represents a crime. Information in the database is analyzed continually in an effort to identify potential preventative measures to be implemented and/or , trends and systemic challenges needing attention. On a quarterly basis a portion of the data is calculated and provided for review. In addition to providing the quarterly statistical data, for those of you who are not familiar with the DPPC, this report also presents the history, mission and an overview of the operations of the Agency. complementary missions, including, but not limited to the Executive Office of Elder Affairs, Department of Children and Families, Department of Developmental Services, Department of Mental Health, Massachusetts Rehabilitation Commission and the local and state police. Replacing none of them, the DPPC was designed to closely coordinate its work with all. The DPPC, similar to the Department of Children and Families for children and the Executive Office of Elder Affairs for elders, acts to protect adults with disabilities who are dependent on others to meet a daily living need. DPPC fills the gap between the child protection and elder protection systems. DPPC is a small agency, located in Braintree, MA. It has a staff of 33 full time employees including five investigators, five oversight officers and four hotline operators. The DPPC is comprised of six units including Prevention, Intake/Oversight, Investigation, Legal, Information Technology and Administration and Finance. During fiscal year 1998, a State Police Detective Unit (SPDU) was established within the DPPC. The SPDU is comprised of a Sergeant and four troopers. The SPDU is physically located within the offices of the DPPC. The DPPC was created through legislation in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse against persons with disabilities. The mission of the DPPC is to protect adults with disabilities from the abusive acts and omissions of their caregivers through investigation, oversight, public awareness and abuse prevention. Pursuant to its enabling statute, M.G.L. c. 19C, the jurisdiction of the DPPC extends to adults with disabilities between the ages of 18 and 59 who suffer serious physical and/or emotional injury through an act and/or omission by their caretaker(s). This protection is provided whether the individual is in state care or in a private setting. The DPPC Hotline receives reports of abuse committed against persons with disabilities 24 hours per day, seven days per week, at 1-800-4269009 or 1-888-822-0350 TTY. During this quarter the DPPC received 2,904 reports of abuse. In addition, DPPC staff responded to approximately 1,648 referral and informational requests. Every abuse report made to the Hotline is reviewed pursuant to the DPPC screening criteria. A determination is made regarding whether the report represents an emergency or non-emergency, and then, whether the situation meets the agency’s jurisdictional criteria. During this quarter of the fiscal year, 681 of the reports to the DPPC Hotline were assigned for 19C investigation. Also during this quarter of the fiscal year, 2,223 reports not within the jurisdiction of the Commission were forwarded to the appropriate state agency for review and action as necessary. Although an independent agency, DPPC was designed to be one of a number of agencies with 2 Run Date 10/13/2017 July—August—September 2017 DPPC Quarterly Report DPPC INVESTIGATION UNIT Reports of alleged abuse determined to be DPPC Hotline Activity Number of within the jurisdiction of the DPPC are Reports immediately assigned to an Adult Protective Screened In Services (APS) Investigator and a DPPC for Oversight Officer. The APS Investigator may be Investigation, 681 one of DPPC’s Investigators or an Investigator from the Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Number of Commission (MRC). The DPPC Investigation Reports Not Unit and the Investigation Units of DDS, DMH Under 19C and MRC conduct abuse investigations under Jurisdiction, the authority of M.G.L. c. 19C. The primary 2,223 focus of all APS investigations is the protection of vulnerable individuals. Investigators also During this Quarter there were two reports received by look for systemic issues that may contribute or the DPPC Hotline that were identified as malicious. lead to abuse. DPPC OVERSIGHT UNIT SCREENED IN BY DISABILIT Y 1600 1,344 1400 1200 1024 1000 822 800 600 400 200 0 25 126 65 163 48 146 92 The DPPC protects individuals with any form of disability. This chart illustrates abuse reports to the DPPC Hotline by disability for this quarter. 3 The DPPC Oversight Unit is responsible for monitoring all 19C investigations. Every case, whether investigated by DPPC, DDS, DMH or MRC, is monitored by one of DPPC's five Oversight Officers to ensure that the victim is safe, the report is timely and the investigation is thorough. In cases where abuse by a caregiver has been substantiated, protective services are provided by the respective service-providing agency, DDS, DMH or MRC. To confirm that necessary protective services are implemented, the DPPC Oversight Officers monitor cases until risk of harm to the victim is adequately reduced or eliminated. Run Date 10/13/2017 July—August—September 2017 DPPC Quarterly Report STATE POLICE DETECTIVE UNIT Disabled Persons Protection Commission APS Criminal Reports by County July 1, 2017 through September 30, 2017 600 558 The graph is a breakdown by Total Reports Received county of the number of reTotal Reports Investigated Under DPPC Jurisdiction 500 ports received by the DPPC Total Reports Involving Criminal Ac tivity Hotline, reports meeting the 374 400 jurisdiction for an APS investi324 321 302 gation, and the number of re271 300 253 ports referred to the District 230 Attorney for criminal investi200 gation. 100 71 56 12 12 102 67 60 98 121 70 56 62 79 The troopers of the SPDU review 100% of the complaints 10 0 6 11 30 6 3 received by the DPPC to deter0 mine which of these complaints constitute criminal activity against a person with a disability. Within this quarter the SPDU reviewed 2,904 allegations of abuse. Of the 2,904 reports reviewed, 361 or 12.4% were referred to the District Attorney for criminal investigation and criminal charges were filed in at least 13 cases. 36 27 3113 38 24 65 37 36 42 54 14 MASSACHUSETTS STATE POLICE The Massachusetts State Police Detective Unit (SPDU) assigned to the DPPC analyzes the types of crimes involved in the abuse reports received by the DPPC Hotline. This chart presents the types of criminal activity reported. Consistently a significant percentage of the criminal activity is sexual in nature. Criminal Activity Report July 1, 2017 through September 30, 2017 Often reports to the DPPC Hotline inCaretakers Negligence 15 volve domestic vio3 Narcotics Violations lence. Domestic vio10 Death lence is abuse that 49 Larceny on a Person with a Disability often takes place 62 Rape Indecent Assault & Battery 60 where the person 10 Assault & Battery with a Weapon lives. Domestic vioA&B on a Person with an Intellectual… 5 87 lence can be any Domestic Assault & Battery 131 A&B on a Person with a Disability type of abuse including sexual as0 50 100 150 sault and rape, emotional, psychological or financial. Domestic violence involves "family and household members" who are or were married, living together, related by blood, parents of a common child or involved in a substantive dating relationship. During this quarter it was determined that 94 reports made to the DPPC Hotline involved domestic violence abuse. 4 Run Date 10/13/2017 July—August—September 2017 DPPC Quarterly Report LEGAL UNIT The DPPC Legal Unit provides legal advice and guidance on matters before the DPPC. This includes assistance provided to DPPC staff and staff of the Department of Developmental Services, the Department of Mental Health and the Massachusetts Rehabilitation Commission. In addition, the Legal Unit performs the following functions within the DPPC:  Secures Access Warrants when law enforcement and/or 19C investigators are unreasonably denied access to an alleged victim of abuse.  Obtains judicial Protective Orders when an alleged victim of abuse is at immediate risk of harm and is not able to consent to the provision of protective services due to a mental or physical impairment.  Responds to reports of Mandated Reporters’ failure to report abuse as required by M.G.L. c. 19C §10.  Completes Petitions for Review as outlined in 118 CMR. The alleged victim, the alleged abuser and other parties involved in an investigation, may request a review of the findings. Upon the conclusion of the review process, the investigation report may be amended if the facts provided in the Petition are found to be meritorious. The DPPC received 19 Petitions for Review during this quarter.  Ensures that all responses to requests for DPPC records are compliant with all statutory requirements. ABUSE PREVENTION UNIT Everyone at DPPC shares in the responsibility for preventing abuse. DPPC continually strives to identify new and effective ways to educate direct care staff, law enforcement, others working with persons with disabilities and the public about the prevalence of abuse of persons with disabilities. The DPPC’s abuse prevention strategy is to decrease incidents of abuse by increasing awareness about how widespread the problem of abuse/neglect against persons with disabilities is; and then to educate people regarding the important role they can play in preventing or stopping this abuse. To educate people, the DPPC Prevention Unit distributes informational materials and conducts training on an ongoing basis. Training is provided to a broad range of people including law enforcement, educators, medical professionals, service providers and persons with disabilities. Topics include recognizing and reporting abuse, preservation of evidence, the DPPC investigation process, communicating with individuals from varied backgrounds or with differing communication needs as well as regulatory and statutory compliance. 5 Run Date 10/13/2017 July—August—September 2017 DPPC Quarterly Report MASSACHUSETTS AGENCIES PARTNER FOR CRIME VICTIMS WITH DISABILITIES Building Partnerships for the Protection of Persons with Disabilities (BPI) is a statewide Massachusetts initiative that, using a multidisciplinary approach, links law enforcement, adult protection, human services and others to address violence committed against persons with disabilities. The partnership was formed in 1999 to effectively address abuse, neglect and crimes committed against persons with disabilities. In addition, the partnership was created to respond to the fact that crimes committed against persons with disabilities in the Commonwealth were not being recognized or reported to the appropriate authorities. Having started as a federally funded Byrne grant program, BPI is currently funded through an award to the Essex District Attorney’s Office from the Department of Developmental Services (DDS) and is staffed by a part-time project coordinator. A BPI steering committee, cochaired by retired Northwestern District Attorney Elizabeth D. Scheibel and Disabled Persons Protection Commission (DPPC) Executive Director Nancy A. Alterio, oversees the initiative’s legislative and training activities. Through the efforts of the steering committee, thousands of persons with disabilities, local and state police, adult protective service investigators, victim witness advocates, assistant district attorneys and human service providers have been trained to effectively recognize, report, investigate abuse and neglect, and prosecute crimes committed against persons with disabilities. The partnership initiative brings together, through formal Memorandums of Understanding (MOU), the District Attorney, DPPC, human service organizations and law enforcement agencies in each county. The goals of the initiative are to provide protection, treatment and continuity of care for persons with disabilities who are victims of a crime; to increase awareness of crimes being committed against persons with disabilities; to increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities; and to ensure that crimes committed against persons with disabilities are promptly reported, investigated by trained law enforcement personnel and prosecuted by the District Attorneys. With the MOU, in FY 2017, 1,478 cases were investigated criminally resulting in at least 102 criminal complaints. Of those 1,478 criminal cases, 462 were crimes of a sexual nature. The following graph depicts the increase in abuse reports referred to the district attorneys for criminal investigation and possible prosecution for FY 1997 through FY 2017. Criminal Investigations 1600 1400 1200 1000 800 600 400 200 0 Charges 1425 1570 1536 1500 1478 1243 880 835 622 645 793 726 876 996 1103 1053 477 32 0 86 4 238 39 321 69 92 155 139 135 109 112 116 126 152 153 123 165 124 155 126 101 102 FY F Y FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LT. GOVERNOR The DPPC’s staff thanks you for taking the time to review this quarterly report. If you have questions or require additional information, please do not hesitate to contact the DPPC, at (617) 727-6465. The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street ▪ Suite 404 ▪ Braintree MA 02184 Office Hours: 8:45 am - 5:00 pm Monday - Friday (617) 727-6465 ▪ (888) 822-0350 TTY ▪ (617) 727-6469 FAX 24 Hour HOTLINE: (800) 426-9009 or (888) 822-0350 TTY WEBSITE: http://www.state.ma.us/dppc 6 JAMES T. BRETT CHAIRPERSON YNDIA LORICK-WILMOT, Ph.D. COMMISSIONER MAURICE MEDOFF COMMISSIONER NANCY A. ALTERIO EXECUTIVE DIRECTOR Run Date 10/13/2017 October—November—December 2017 DPPC Quarterly Report The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street · Suite 404 · Braintree · MassachuseƩs · 02184 DPPC Quarterly Report October-NovemberDecember 2017 Report suspected abuse of persons with disabilities to the DPPC 24 hour Hotline 1-800-426-9009 1-888-822-0350 TTY Run Date 1/12/2018 October—November—December 2017 DPPC Quarterly Report DPPC OVERVIEW Every month, the DPPC receives hundreds of abuse reports. These reports are maintained and tracked using an extensive computer database. In the DPPC database, over 500 pieces of information related to each report are maintained. The information ranges from basic demographic information regarding the people involved, including the victim, to specific information about the site of the alleged abuse and other factors that may have contributed to the abuse. The DPPC tracks different types of injury, and information about whether an injury was caused by abuse or neglect. In addition to the hundreds of other categories, the DPPC tracks whether the alleged abuse or neglect reported represents a crime. Information in the database is analyzed continually in an effort to identify potential preventative measures to be implemented and/or , trends and systemic challenges needing attention. On a quarterly basis a portion of the data is calculated and provided for review. In addition to providing the quarterly statistical data, for those of you who are not familiar with the DPPC, this report also presents the history, mission and an overview of the operations of the Agency. complementary missions, including, but not limited to the Executive Office of Elder Affairs, Department of Children and Families, Department of Developmental Services, Department of Mental Health, Massachusetts Rehabilitation Commission and the local and state police. Replacing none of them, the DPPC was designed to closely coordinate its work with all. The DPPC, similar to the Department of Children and Families for children and the Executive Office of Elder Affairs for elders, acts to protect adults with disabilities who are dependent on others to meet a daily living need. DPPC fills the gap between the child protection and elder protection systems. DPPC is a small agency, located in Braintree, MA. It has a staff of 33 full time employees including five investigators, five oversight officers and four hotline operators. The DPPC is comprised of six units including Prevention, Intake/Oversight, Investigation, Legal, Information Technology and Administration and Finance. During fiscal year 1998, a State Police Detective Unit (SPDU) was established within the DPPC. The SPDU is comprised of a Sergeant and four troopers. The SPDU is physically located within the offices of the DPPC. The DPPC was created through legislation in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse against persons with disabilities. The mission of the DPPC is to protect adults with disabilities from the abusive acts and omissions of their caregivers through investigation, oversight, public awareness and abuse prevention. Pursuant to its enabling statute, M.G.L. c. 19C, the jurisdiction of the DPPC extends to adults with disabilities between the ages of 18 and 59 who suffer serious physical and/or emotional injury through an act and/or omission by their caretaker(s). This protection is provided whether the individual is in state care or in a private setting. The DPPC Hotline receives reports of abuse committed against persons with disabilities 24 hours per day, seven days per week, at 1-800-4269009 or 1-888-822-0350 TTY. During this quarter the DPPC received 2,809 reports of abuse. In addition, DPPC staff responded to approximately 1,487 referral and informational requests. Every abuse report made to the Hotline is reviewed pursuant to the DPPC screening criteria. A determination is made regarding whether the report represents an emergency or non-emergency, and then, whether the situation meets the agency’s jurisdictional criteria. During this quarter of the fiscal year, 597 of the reports to the DPPC Hotline were assigned for 19C investigation. Also during this quarter of the fiscal year, 2,212 reports not within the jurisdiction of the Commission were forwarded to the appropriate state agency for review and action as necessary. Although an independent agency, DPPC was designed to be one of a number of agencies with 2 Run Date 1/12/2018 October—November—December 2017 DPPC Quarterly Report DPPC INVESTIGATION UNIT Reports of alleged abuse determined to be Number of DPPC Hotline Activity within the jurisdiction of the DPPC are Reports immediately assigned to an Adult Protective Screened In for Services (APS) Investigator and a DPPC Investigation, Oversight Officer. The APS Investigator may be 597 one of DPPC’s Investigators or an Investigator from the Department of Developmental Services (DDS), Department of Mental Health (DMH) or the Massachusetts Rehabilitation Number of Commission (MRC). The DPPC Investigation Reports Not Unit and the Investigation Units of DDS, DMH Under 19C and MRC conduct abuse investigations under Jurisdiction, the authority of M.G.L. c. 19C. The primary 2,212 focus of all APS investigations is the protection of vulnerable individuals. Investigators also During this Quarter there were three reports received by look for systemic issues that may contribute or the DPPC Hotline that were identified as malicious. lead to abuse. DPPC OVERSIGHT UNIT SCREENED IN BY DISABILIT Y 1400 1,307 1200 1009 1000 775 800 600 400 200 41 109 44 153 43 133 70 0 The DPPC protects individuals with any form of disability. This chart illustrates abuse reports to the DPPC Hotline by disability for this quarter. 3 The DPPC Oversight Unit is responsible for monitoring all 19C investigations. Every case, whether investigated by DPPC, DDS, DMH or MRC, is monitored by one of DPPC's five Oversight Officers to ensure that the victim is safe, the report is timely and the investigation is thorough. In cases where abuse by a caregiver has been substantiated, protective services are provided by the respective service-providing agency, DDS, DMH or MRC. To confirm that necessary protective services are implemented, the DPPC Oversight Officers monitor cases until risk of harm to the victim is adequately reduced or eliminated. Run Date 1/12/2018 October—November—December 2017 DPPC Quarterly Report STATE POLICE DETECTIVE UNIT Disabled Persons Protection Commission APS Criminal Reports by County October 1, 2017 through December 31, 2017 600 The graph is a breakdown by Total Reports Received 510 county of the number of reTotal Reports Investigated Under DPPC Jurisdiction 500 ports received by the DPPC 418 Total Reports Involving Criminal Ac tivity Hotline, reports meeting the 400 jurisdiction for an APS investi313 gation, and the number of re294 285 269 260 300 ports referred to the District Attorney for criminal investi187 200 gation. 100 61 60 9 10 69 50 71 110 111 80 39 89 The troopers of the SPDU re5 view 100% of the complaints 40 0 19 00 5 9 6 received by the DPPC to deter0 mine which of these complaints constitute criminal activity against a person with a disability. Within this quarter the SPDU reviewed 2,809 allegations of abuse. Of the 2,809 reports reviewed, 419 or 14.9% were referred to the District Attorney for criminal investigation and criminal charges were filed in at least 11 cases. 54 28 33 8 45 25 54 36 45 31 55 68 MASSACHUSETTS STATE POLICE The Massachusetts State Police Detective Unit (SPDU) assigned to the DPPC analyzes the types of crimes involved in the abuse reports received by the DPPC Hotline. This chart presents the types of criminal activity reported. Consistently a significant percentage of the criminal activity is sexual in nature. Criminal Activity Report October 1, 2017 through December 31, 2017 Often reports to the DPPC Hotline in35 Caretakers Negligence volve domestic vio3 Narcotics Violations lence. Domestic vio10 Death lence is abuse that 93 Larceny on a Person with a Disability often takes place 51 Rape Indecent Assault & Battery 64 where the person 15 Assault & Battery with a Weapon lives. Domestic vioA&B on a Person with an Intellectual… 7 76 lence can be any Domestic Assault & Battery 143 A&B on a Person with a Disability type of abuse including sexual as0 50 100 150 sault and rape, emotional, psychological or financial. Domestic violence involves "family and household members" who are or were married, living together, related by blood, parents of a common child or involved in a substantive dating relationship. During this quarter it was determined that 86 reports made to the DPPC Hotline involved domestic violence abuse. 4 Run Date 1/12/2018 October—November—December 2017 DPPC Quarterly Report LEGAL UNIT The DPPC Legal Unit provides legal advice and guidance on matters before the DPPC. This includes assistance provided to DPPC staff and staff of the Department of Developmental Services, the Department of Mental Health and the Massachusetts Rehabilitation Commission. In addition, the Legal Unit performs the following functions within the DPPC:  Secures Access Warrants when law enforcement and/or 19C investigators are unreasonably denied access to an alleged victim of abuse.  Obtains judicial Protective Orders when an alleged victim of abuse is at immediate risk of harm and is not able to consent to the provision of protective services due to a mental or physical impairment.  Responds to reports of Mandated Reporters’ failure to report abuse as required by M.G.L. c. 19C §10.  Completes Petitions for Review as outlined in 118 CMR. The alleged victim, the alleged abuser and other parties involved in an investigation, may request a review of the findings. Upon the conclusion of the review process, the investigation report may be amended if the facts provided in the Petition are found to be meritorious. The DPPC received 31 Petitions for Review during this quarter.  Ensures that all responses to requests for DPPC records are compliant with all statutory requirements. ABUSE PREVENTION UNIT Everyone at DPPC shares in the responsibility for preventing abuse. DPPC continually strives to identify new and effective ways to educate direct care staff, law enforcement, others working with persons with disabilities and the public about the prevalence of abuse of persons with disabilities. The DPPC’s abuse prevention strategy is to decrease incidents of abuse by increasing awareness about how widespread the problem of abuse/neglect against persons with disabilities is; and then to educate people regarding the important role they can play in preventing or stopping this abuse. To educate people, the DPPC Prevention Unit distributes informational materials and conducts training on an ongoing basis. Training is provided to a broad range of people including law enforcement, educators, medical professionals, service providers and persons with disabilities. Topics include recognizing and reporting abuse, preservation of evidence, the DPPC investigation process, communicating with individuals from varied backgrounds or with differing communication needs as well as regulatory and statutory compliance. 5 Run Date 1/12/2018 October—November—December 2017 DPPC Quarterly Report MASSACHUSETTS AGENCIES PARTNER FOR CRIME VICTIMS WITH DISABILITIES Building Partnerships for the Protection of Persons with Disabilities (BPI) is a statewide Massachusetts initiative that, using a multidisciplinary approach, links law enforcement, adult protection, human services and others to address violence committed against persons with disabilities. The partnership was formed in 1999 to effectively address abuse, neglect and crimes committed against persons with disabilities. In addition, the partnership was created to respond to the fact that crimes committed against persons with disabilities in the Commonwealth were not being recognized or reported to the appropriate authorities. Having started as a federally funded Byrne grant program, BPI is currently funded through an award to the Essex District Attorney’s Office from the Department of Developmental Services (DDS) and is staffed by a part-time project coordinator. A BPI steering committee, cochaired by retired Northwestern District Attorney Elizabeth D. Scheibel and Disabled Persons Protection Commission (DPPC) Executive Director Nancy A. Alterio, oversees the initiative’s legislative and training activities. Through the efforts of the steering committee, thousands of persons with disabilities, local and state police, adult protective service investigators, victim witness advocates, assistant district attorneys and human service providers have been trained to effectively recognize, report, investigate abuse and neglect, and prosecute crimes committed against persons with disabilities. The partnership initiative brings together, through formal Memorandums of Understanding (MOU), the District Attorney, DPPC, human service organizations and law enforcement agencies in each county. The goals of the initiative are to provide protection, treatment and continuity of care for persons with disabilities who are victims of a crime; to increase awareness of crimes being committed against persons with disabilities; to increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities; and to ensure that crimes committed against persons with disabilities are promptly reported, investigated by trained law enforcement personnel and prosecuted by the District Attorneys. With the MOU, in FY 2017, 1,478 cases were investigated criminally resulting in at least 102 criminal complaints. Of those 1,478 criminal cases, 462 were crimes of a sexual nature. The following graph depicts the increase in abuse reports referred to the district attorneys for criminal investigation and possible prosecution for FY 1997 through FY 2017. Criminal Investigations 1600 1400 1200 1000 800 600 400 200 0 Charges 1425 1570 1536 1500 1478 1243 880 835 622 645 793 726 876 996 1103 1053 477 32 0 86 4 238 39 321 69 92 155 139 135 109 112 116 126 152 153 123 165 124 155 126 101 117 FY F Y FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LT. GOVERNOR The DPPC’s staff thanks you for taking the time to review this quarterly report. If you have questions or require additional information, please do not hesitate to contact the DPPC, at (617) 727-6465. The Commonwealth of Massachusetts Disabled Persons Protection Commission 300 Granite Street ▪ Suite 404 ▪ Braintree MA 02184 Office Hours: 8:45 am - 5:00 pm Monday - Friday (617) 727-6465 ▪ (888) 822-0350 TTY ▪ (617) 727-6469 FAX 24 Hour HOTLINE: (800) 426-9009 or (888) 822-0350 TTY WEBSITE: http://www.state.ma.us/dppc 6 JAMES T. BRETT CHAIRPERSON YNDIA LORICK-WILMOT, Ph.D. COMMISSIONER KACY MAITLAND COMMISSIONER NANCY A. ALTERIO EXECUTIVE DIRECTOR Run Date 1/12/2018