1. (1) Nothing in 115 CMR 13.00 shall relieve any person from their responsibility as a mandated reporter under federal or state law.

2. (2) When a mandated reporter, including a Department or provider employee, has reasonable cause to believe that an individual has been abused, neglected or exposed to a serious risk of harm, whether by act or omission including non-consensual sexual activity, or any matter within the scope of 115 CMR 9.05: Scope of Responsibilities of the Department's Investigations Division, he or she, in addition to filing an incident report, shall:

   1. (a) report the matter to the Disabled Persons Protection Commission (DPPC).
   2. (b) refer the matter to the provider’s human rights committee when the incident affects the rights and dignity of an individual who is 18 years of age or older.
   3. (c) notify the Office of the Child Advocate when the incident involves a fatality, near fatality, or serious bodily injury of an individual younger than 18 years old.
3. (3) Where the head of the provider has reasonable cause to believe that a crime has been committed in connection with a reportable incident, he or she shall file a report with the local police, and shall file a report with the district attorney by reporting the incident to DPPC.

REGULATORY AUTHORITY

115 CMR 9.00: M.G.L. c. 19B, §§ 1, 10, and 14; c. 123B, §§ 2 and 14 and c. 19C.