Current through Register 1531, September 27, 2024
Section 4.45 - Information Sharing(1) After completion of its investigation, the Department shall notify EEC, DESE, DMH, DDS, DPH, or DYS in writing by transmitting to the commissioner or director of that office or department a copy of the report received by the Department under M.G.L. c. 119, § 51A and a copy of the report prepared by the Department under M.G.L. c. 119, § 51B, if: (a) the Department has supported said report; and(b) the Department has reason to believe that abuse or neglect may have occurred at a facility owned, operated, or funded, in whole or in part, by any of said departments or office, or at a facility operated by a person or entity subject to licensure or approval by any of said departments or office. In the event that EEC shares with one or more other state department(s) (DMH, DDS, DPH, or DYS) responsibility for licensing, funding or approving a facility as set forth in 110 CMR 4.45(a) and (b), the Department shall always notify EEC and may at the Regional Director's discretion also notify DMH, DPH, DYS, or DDS.(2) In any investigation in which the Department has notified EEC, DMH, DMR, DPH, DYS or DESE in accordance with the previous paragraph, the Department shall also notify the OCA in writing by transmitting a copy of the 51A report and 51B investigation report to the Office of the Child Advocate.(3) If as a result of any 51A report or 51B investigation, the Department discovers information or circumstances which might indicate poor quality of care provided to children, or licensing violations, in any facility operated by a person or entity subject to licensure or approval by EEC, DESE, DMH, DDS, DPH, or DYS; that information shall be recorded by the Department's investigator on the 51B form; and (a) if supported, the 51B form shall be sent to the department or office in question; or(b) if unsupported, the information regarding poor quality of care or possible licensing violation shall be communicated to the department or office in question.