Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S139 Compare Versions

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 930 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 139
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John F. Keenan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act updating terminology and investigative practices related to the protection of persons with
13	13	disabilities.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :John F. KeenanNorfolk and PlymouthMichael J. BarrettThird Middlesex2/6/2025Alyson M. Sullivan-Almeida7th Plymouth2/6/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/9/2025James B. EldridgeMiddlesex and Worcester2/10/2025James K. Hawkins2nd Bristol2/11/2025Michael O. MooreSecond Worcester2/20/2025Patrick M. O'ConnorFirst Plymouth and Norfolk2/21/2025Manny Cruz7th Essex2/26/2025Bruce E. TarrFirst Essex and Middlesex2/27/2025Michael D. BradySecond Plymouth and Norfolk2/27/2025 1 of 14
17	17	SENATE DOCKET, NO. 930 FILED ON: 1/15/2025
18	18	SENATE . . . . . . . . . . . . . . No. 139
19	19	By Mr. Keenan, a petition (accompanied by bill, Senate, No. 139) of John F. Keenan, Michael J.
20	20	Barrett, Alyson M. Sullivan-Almeida, Jacob R. Oliveira and other members of the General Court
21	21	for legislation to update terminology and investigative practices related to the protection of
22	22	persons with disabilities. Children, Families and Persons with Disabilities.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act updating terminology and investigative practices related to the protection of persons with
29	29	disabilities.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 1 of chapter 19C of the General Laws, as appearing in the 2022
33	33	2Official Edition is hereby amended by striking out section 1, and inserting in place thereof the
34	34	3following section:-
35	35	4 Section 1. As used in this chapter, the following words shall have the following meanings
36	36	5unless the context requires otherwise:-
37	37	6 “Abuse”, an act or omission of a caretaker that results in serious physical or serious
38	38	7emotional injury to a disabled person; provided, however, that no person shall be considered to
39	39	8be abused for the sole reason that such person is being furnished or relies upon treatment in
40	40	9accordance with the tenets and teachings of a church or religious denomination by a duly
41	41	10accredited practitioner of the church or religious denomination. As used in this chapter, the term
42	42	11abuse includes abuse per se. 2 of 14
43	43	12 “Abuse per se”, an act or omission of a caretaker that, based upon its circumstances, is
44	44	13determined by the commission to be in and of itself abusive as published by regulation,
45	45	14regardless of the manifestation of a serious physical or serious emotional injury to a person with
46	46	15a disability, including an act or omission that constitutes or results in any of the following: (i)
47	47	16Sexual abuse of a person with a disability; (ii) The withholding of adaptive aids used by a person
48	48	17with a disability, provided that said withholding is unrelated to safety, care or treatment of the
49	49	18person with a disability; (iii) A pattern of touching neither required nor appropriate for tending to
50	50	19the safety and welfare of a person with a disability; or (iv) The intentional, wanton, or reckless
51	51	20application of a physical force on a person with a disability in a manner that inflicts physical pain
52	52	21or serious emotional injury as determined by an evaluation of the totality of the circumstances.
53	53	22 “Caretaker”, a parent, guardian or other person or agency responsible for the health or
54	54	23welfare of a person with a disability, whether in the same home as the person with a disability,
55	55	24the home of a relative, a foster home or any other location where the caretaker renders assistance.
56	56	25 “Commission”, the disabled persons protection commission established under section 2.
57	57	26 “Disabled Person”, a person between the ages of 18 to 59, inclusive, who is a person with
58	58	27an intellectual disability or a person with a developmental disability as defined under section 1 of
59	59	28chapter 123B or who is otherwise mentally or physically disabled and, as a result of that mental
60	60	29or physical disability, is wholly or partially dependent on another to meet that person’s daily
61	61	30living needs. The term “person with a disability” and “disabled person” may be used
62	62	31interchangeably in this chapter.
63	63	32 “Mandated reporter”, any physician, medical intern, hospital personnel engaged in the
64	64	33examination, care or treatment of persons, medical examiner, dentist, psychologist, nurse, 3 of 14
65	65	34chiropractor, podiatrist, osteopath, public or private school teacher, educational administrator,
66	66	35guidance or family counselor, day care worker, probation officer, social worker, foster parent,
67	67	36police officer, firefighter, paramedic, emergency medical technician, animal control officer, or
68	68	37person employed to provide assistance with a daily living need for a person with a disability
69	69	38who, in their professional capacity, shall have reasonable cause to believe that a person with a
70	70	39disability is suffering from a reportable condition.
71	71	40 “Recommendation”, a statement contained in an investigation report prepared pursuant to
72	72	41this chapter that sets forth specific action intended by the investigator to protect a particular
73	73	42person with a disability or similarly situated persons with disabilities from further abuse or risk
74	74	43of abuse and that responds to the specific protective needs of the person with a disability or
75	75	44persons with disabilities.
76	76	45 “Reportable condition”, a serious physical or serious emotional injury sustained by a
77	77	46person with a disability and for which there is reasonable cause to believe that the injury resulted
78	78	47from abuse; or reasonable cause to believe that abuse per se exists.
79	79	48 “State agency”, an agency of the commonwealth that provides services or treatment to
80	80	49persons with disabilities, including a private entity providing such services or treatment pursuant
81	81	50to a contract, license or agreement with an agency of the commonwealth.
82	82	51 SECTION 2. Said section 2 of said chapter 19C is hereby amended by striking out the
83	83	52third, fourth, and fifth sentences and inserting in place thereof the following sentences:- The
84	84	53commission shall consist of 3 members to be appointed by the governor, 1 of whom the governor
85	85	54shall designate as chair. Members of the commission shall serve for a term of 5 years. 4 of 14
86	86	55 SECTION 3. Said section 2 of chapter 19C is hereby further amended by striking out the
87	87	56ninth sentence, and inserting in place thereof the following sentence:- A person appointed to fill
88	88	57a vacancy occurring other than by the expiration of a term of office shall be appointed for the
89	89	58unexpired term of the member succeeded.
90	90	59 SECTION 4. Said section 3 of said chapter 19C is hereby amended by striking out, in line
91	91	6022, the words “other state”.
92	92	61 SECTION 5. Said section 3 of said chapter 19C is hereby further amended by striking
93	93	62out, in line 27, the word “nine” and inserting in place thereof the following words:- 5 or section
94	94	639.
95	95	64 SECTION 6. Said section 3 of said chapter 19C is hereby further amended by striking
96	96	65out, in lines 31 and 32, the words “the provisions of chapters sixty-six and sixty-six A” and
97	97	66inserting in place thereof the following words:- chapters 66 and 66A; provided, however, that,
98	98	67except as otherwise provided in this chapter, information that is created, collected, used,
99	99	68maintained or disseminated pursuant to this chapter and that is confidential or personally
100	100	69identifiable information pursuant to state or federal law shall not be a public record pursuant to
101	101	70clause Twenty-six of section 7 of chapter 4 or chapter 66.
102	102	71 SECTION 7. The first paragraph of said section 3 of said chapter 19C is hereby amended
103	103	72by striking clauses (h) and (i) and inserting in place thereof the following 2 clauses:-
104	104	73 (h) to establish within the commission a special investigative unit that shall have sole
105	105	74responsibility for the initial evaluation or investigation of all reports of abuse received by the
106	106	75commission in connection with which there is an allegation of criminal conduct; provided, 5 of 14
107	107	76however, that the colonel of state police shall assign not less than 5 state police officers to the
108	108	77special investigative unit; and
109	109	78 (i) to promulgate rules and regulations establishing procedures to exclude personally
110	110	79identifiable information regarding the subjects of investigations and to carry out the
111	111	80responsibilities of this chapter in such a way as to disclose as little personally identifiable
112	112	81information as possible.
113	113	82 SECTION 8. The first paragraph of said section 4 of said chapter 19C is hereby amended
114	114	83by striking out clauses (b) and (c) and inserting in place thereof the following 3 clauses:-
115	115	84 (b) refer immediately any such report that alleges the occurrence of abuse of a person
116	116	85with a disability whose caretaker is a state agency to the state agency within the executive office
117	117	86of health and human services that is the primary service providing agency for the disability
118	118	87manifested by the person with a disability; provided, however, that as assigned by the
119	119	88commission, the commission or the referral agency subject to the oversight of the commission
120	120	89shall investigate the abuse as provided in section 5; and provided further, that, if a commission
121	121	90investigation is being conducted, the referral agency shall take reasonable steps to avoid
122	122	91unnecessary, unwarranted or counterproductive duplication of the commission’s investigation
123	123	92through an internal investigation or inquiry by the referral agency and shall, when there is
124	124	93duplication, utilize the commission’s investigation in lieu of an internal investigation or inquiry.
125	125	94 (c) refer immediately any such report that alleges the occurrence of abuse of a person
126	126	95with a disability whose caretaker is not a state agency to the agency within the executive office
127	127	96of health and human services that the commission determines, based on the person’s reported
128	128	97disability, would most likely provide, license an entity to provide or contract with or enter into an 6 of 14
129	129	98agreement to provide services or treatment to the person with a disability; provided, however,
130	130	99that, as assigned by the commission, the commission or the assigned referral agency subject to
131	131	100the oversight of the commission shall investigate such abuse as provided in section 5.
132	132	101 (d) in accordance with subsections (b) and (c), refer immediately reports that the
133	133	102commission determines present imminent risk of substantial harm to a person with a disability,
134	134	103regardless of whether any serious injury is alleged, for the provision of protective services.
135	135	104 SECTION 9. Said section 4 of said chapter 19C is hereby further amended by striking
136	136	105out, in line 40, the first time it appears, the word “and” and inserting in place thereof the
137	137	106following word:- or.
138	138	107 SECTION 10. Said section 4 of said chapter 19C is hereby further amended by striking
139	139	108out, in lines 40 to 42, inclusive, the words “and, upon completion of such evaluation and
140	140	109investigation, shall report the results of such evaluation and investigation to the commissioners
141	141	110who” and inserting in place thereof the following word: . Upon completion of such evaluation or
142	142	111investigation, the special investigative unit shall report the results of such evaluation or
143	143	112investigation to the commission that.
144	144	113 SECTION 11. Said section 4 of said chapter 19C is hereby further amended by inserting
145	145	114after the word “initial,” in line 46, the following words:- evaluation or.
146	146	115 SECTION 12. Said section 4 of said chapter 19C is hereby further amended by striking
147	147	116out, in lines 56 and 57, the words “clients of state agencies or of contract providers” and
148	148	117inserting in place thereof the following words:- persons with disabilities. 7 of 14
149	149	118 SECTION 13. Said section 5 of said chapter 19C is hereby further amended by striking
150	150	119out, in lines 2 to 4, inclusive, the words “, the general counsel, or a department within the
151	151	120executive office of health and human services”.
152	152	121 SECTION 14. Said section 5 of said chapter 19C is hereby further amended by striking
153	153	122out, in lines 7 and 8, the words “counsel or department of mental health or department of public
154	154	123health” and inserting in place thereof the following words:- department of developmental
155	155	124services, department of mental health or MassAbility.
156	156	125 SECTION 15. Said section 5 of said chapter 19C is hereby further amended by striking
157	157	126out, in line 12, the words “the disabled person’s residence and day program, if any” and inserting
158	158	127in place thereof the following words:- any sites relevant to the alleged abuse, which may include,
159	159	128but shall not be limited to, the residence and day program of the person with a disability.
160	160	129 SECTION 16. Said section 5 of chapter 19C is hereby further amended by inserting, in
161	161	130line 14, after the word “injuries” the following words:- or abuse per se.
162	162	131 SECTION 17. Said section 5 of said chapter 19C is hereby further amended by striking
163	163	132out, in lines 17 to 19, inclusive, the words “, to the general counsel and to the department of
164	164	133mental health and the department of public health” and inserting in place thereof the following
165	165	134words:- and to the department of developmental services, the department of mental health or
166	166	135MassAbility, as appropriate.
167	167	136 SECTION 18. Said section 5 of said chapter 19C is hereby further amended by striking
168	168	137out, in line 22, the word “ten” and inserting in place thereof the following words:- 10, or the
169	169	138employer of the mandated reporter. 8 of 14
170	170	139 SECTION 19. Said section 5 of said chapter 19C is hereby further amended by inserting
171	171	140after the word “the”, in line 24, the first time it appears, the following word:- assigned referral.
172	172	141 SECTION 20. Said section 5 of said chapter 19C, as so appearing, is hereby further
173	173	142amended by striking out, in lines 43 and 44, the words “the facility named in the report, if any,”
174	174	143and inserting in place thereof the following words:- any sites relevant to the report.
175	175	144 SECTION 21. Said section 5 of said chapter 19C is hereby further amended by striking
176	176	145out, in line 45, the words “residents or clients in the same facility” and inserting in place thereof
177	177	146the following words:- persons with disabilities.
178	178	147 SECTION 22. Said section 5 of said chapter 19C is hereby further amended by striking
179	179	148out, in lines 46 and 47, the words “, the general counsel, the department of mental health and the
180	180	149department of public health within” and inserting in place thereof the following words:- and to
181	181	150the department of developmental services, the department of mental health or MassAbility as
182	182	151appropriate, within.
183	183	152 SECTION 23. Said section 5 of said chapter 19C is hereby further amended by striking
184	184	153out, in line 52, the words “, the general counsel, the attorney general”.
185	185	154 SECTION 24. Said section 5 of said chapter 19C is hereby further amended by striking
186	186	155out, in line 54, the words “six of chapter thirty-eight” and inserting in place thereof the following
187	187	156words:- 3 of chapter 38.
188	188	157 SECTION 25. Said section 5 of said chapter 19C is hereby further amended by striking
189	189	158out, in line 55, the word “ten” and inserting in place thereof the following words:- 10 business. 9 of 14
190	190	159 SECTION 26. Said section 5 of said chapter 19C is hereby further amended by striking
191	191	160out, in lines 56, 58 and 61, the word “misconduct” and inserting in place thereof, in each
192	192	161instance, the following word:- abuse.
193	193	162 SECTION 27. Said section 5 of said chapter 19C is hereby further amended by striking
194	194	163out, in lines 59 and 60, the words “ respond in writing prior to the issuance of said report” and
195	195	164inserting in place thereof the following words:- petition for review.
196	196	165 SECTION 28. Said section 5 of said chapter 19C is hereby further amended by striking
197	197	166out, in line 67, the word “shall” and inserting in place thereof the following words:- may refer
198	198	167any matters for which there is reason to believe that a violation of any statute, regulation or rule
199	199	168has occurred to the agency of the commonwealth that has jurisdiction over the alleged violation.
200	200	169In addition, the commission, notwithstanding any provisions of chapter 66A regarding personal
201	201	170data to the contrary, shall.
202	202	171 SECTION 29. Said section 5 of said chapter 19C is hereby further amended by striking
203	203	172out, in lines 77 to 79, inclusive, the words “or (c) a disabled person has suffered serious bodily
204	204	173injury as a result of a pattern of repetitive actions or inactions by a caretaker” and inserting in
205	205	174place thereof the following words:- (c) a person with a disability has suffered serious bodily
206	206	175injury as a result of a pattern of repetitive acts or omissions by a caretaker; or (d) any other
207	207	176criminal offense has occurred that has caused harm to a person with a disability.
208	208	177 SECTION 30. Said chapter 19C is hereby further amended by striking out section 6 and
209	209	178inserting in place thereof the following section:- 10 of 14
210	210	179 Section 6. The commission, acting through agencies within the executive office of health
211	211	180and human services designated by the commission to provide protective services and as
212	212	181necessary to prevent further abuse in cases investigated, shall:
213	213	182 (i) furnish protective services to a person with a disability with the consent of the person
214	214	183or the person’s guardian;
215	215	184 (ii) petition the court for appointment of a conservator or guardian or for issuance of an
216	216	185emergency order for protective services as provided in section 7; or
217	217	186 (iii) furnish protective services to a person with a disability on an emergency basis as
218	218	187provided in said section 7.
219	219	188 SECTION 31. Section 7 of said chapter 19C is hereby amended by striking out, in lines 1
220	220	189and 2, the words “the general counsel, the department of mental health or the department of
221	221	190public health,” and inserting in place thereof the following words:- the department of
222	222	191developmental services, the department of mental health or the MassAbility.
223	223	192 SECTION 32. Said section 7 of said chapter 19C is hereby further amended by striking
224	224	193out, in lines 5 and 6, 9, 33 and 34, 37 and 62, the words “, counsel or department” and inserting
225	225	194in place thereof, in each instance, the following words:- or agency.
226	226	195 SECTION 33. Section 9 of said chapter 19C is hereby amended by striking out clause
227	227	196(d), as so appearing, and inserting in place thereof the following clause:-
228	228	197 (d) refer any matters for which there is reason to believe that abuse has occurred by a
229	229	198state agency or its employee to the agency of the commonwealth funding, contracting or under 11 of 14
230	230	199agreement with, or licensing such party for termination of the funding, agreement, contract, or
231	231	200license or for such other action that the agency of the commonwealth deems appropriate.
232	232	201 SECTION 34. Section 10 of said chapter 19C is hereby amended by striking out, in line
233	233	2023, the word “orally”.
234	234	203 SECTION 35. Section 10 of said chapter 19C is hereby further amended by striking out,
235	235	204in lines 4 and 5, the words “and shall report in writing within forty-eight hours after such oral
236	236	205report”.
237	237	206 SECTION 36. Said section 10 of said chapter 19C is hereby further amended by striking
238	238	207out, in lines 10 and 11, the words “six of chapter thirty-eight” and inserting in place thereof the
239	239	208following words:- 3 of chapter 38.
240	240	209 SECTION 37. Said section 10 of said chapter 19C is hereby further amended by inserting
241	241	210after the word “file”, in line 12, the following word:- a.
242	242	211 SECTION 38. Said section 10 of said chapter 19C is hereby further amended by striking
243	243	212out, in lines 27 and 28, the words “in any civil action arising out of a report made pursuant to this
244	244	213chapter” and inserting in place thereof the following words:- participation in an investigation,
245	245	214hearing, or other proceeding conducted pursuant to this chapter.
246	246	215 SECTION 39. Said section 10 of said chapter 19C is hereby further amended by striking
247	247	216out, in lines 32 and 33, the words “oral and written reports, who fails to do so,” and inserting in
248	248	217place thereof the following words:- a report and who fails to do so.
249	249	218 SECTION 40. Section 11 of said chapter 19C is hereby amended by striking out, in line
250	250	2196, the words “the general counsel or”. 12 of 14
251	251	220 SECTION 41. The third paragraph of said section 11 of said chapter 19C, as so
252	252	221appearing, is hereby amended by inserting after the first sentence the following sentence:- The
253	253	222commission may investigate any allegation under this section pursuant to section 5 or 9.
254	254	223 SECTION 42. Section 12 of said chapter 19C is hereby amended by striking out, in lines
255	255	22410 and 11, the words “, in consultation with the secretary of health and human services,”.
256	256	225 SECTION 43. Said section 12 of said chapter 19C is hereby further amended by striking
257	257	226out, in line 11, the word “formal”.
258	258	227 SECTION 44. Said section 12 of said chapter 19C is hereby further amended by striking
259	259	228out, in lines 12 and 13, the words “, in consultation with the secretary of health and human
260	260	229services,”.
261	261	230 SECTION 45. Said section 12 of said chapter 19C is hereby further amended by striking
262	262	231out, in line 13, the words “a formal” and inserting in place thereof the following word:- an.
263	263	232 SECTION 46. Section 13 of said chapter 19C is hereby amended by striking the title,
264	264	233inserting in place thereof the following title:- Notification by caretaker agency of the death of a
265	265	234person with a disability.
266	266	235 SECTION 47. Said section 13 of said chapter 19C is hereby further amended by striking
267	267	236out, in line 4, the word “orally”.
268	268	237 SECTION 48. Said section 13 of said chapter 19C is hereby further amended by striking
269	269	238out, in lines 5, 6 and 7, the following words “, and shall forward to the commission and local law
270	270	239enforcement officials a written report of such death”. 13 of 14
271	271	240 SECTION 49. Section 14 of said chapter 19C is hereby amended by striking out, in lines
272	272	2412, 3, and 4, the words “the general counsel, or a department within the executive office of health
273	273	242and human services” and inserting in place thereof the following words:- department of
274	274	243developmental services, department of mental health, or the MassAbility,.
275	275	244 SECTION 50. Section 15 of said chapter 19C is hereby amended by striking the
276	276	245definition for “employer” and inserting in place thereof the following definition:-
277	277	246 “Employer”, an entity that provides services or treatment to persons with intellectual or
278	278	247developmental disabilities pursuant to (i) a contract or agreement with the department; (ii)
279	279	248funding administered by the department; (iii) a license issued pursuant to section 15 or 15A of
280	280	249chapter 19B; or (iv) a contract with MassHealth to provide day habilitation services subject to
281	281	250130 CMR 419.000.
282	282	251 SECTION 51. Section 15 of said chapter 19C is hereby further amended by inserting, in
283	283	252line 17, after the term “or” as first appearing, the following word:- serious.
284	284	253 SECTION 52. Section 15 of said chapter 19C is hereby further amended, by striking, in
285	285	254line 28, the word “respond”, and inserting in place thereof the following words:- petition for
286	286	255review.
287	287	256 SECTION 53. Section 15 of said chapter 19C is hereby further amended, by striking out,
288	288	257in lines 84 and 85, the words “including the records of its proceedings” and inserting in place
289	289	258thereof the following words:- including the records of the registrable abuse investigation and
290	290	259records of any hearing or other proceeding at the division or judicial appeal, including the
291	291	260personally identifying information of all parties and witnesses. 14 of 14
292	292	261 SECTION 54: Section 15 of said Chapter 19C is hereby further amended by inserting
293	293	262after the word “shall”, in line 85, the following words:- be confidential and shall.
294	294	263 SECTION 55: Section 15 of said Chapter 19C is hereby further amended, by inserting
295	295	264after the word “registry”, in lines 88 and 94, in each instance, the following words:-and any
296	296	265registrable abuse investigation or proceeding at the division or judicial appeal.