Section 7.02 - General PrinciplesRegarding the provision of protective services, the Commission shall:
(1) ensure that protective services are provided in the least restrictive and most appropriate manner possible to a person with a disability with his or her consent, or that of his or her guardian, or by order of a court of competent jurisdiction as indicated in 118 CMR 7.02(4);(2) designate a state agency to act as a protective services provider, and cooperate with that agency and any other agency to provide those protective services that ensure that the person with a disability is protected from abuse and that the effects of abuse are remediated;(3) ensure the appropriate provision of emergency protective services by the designated protective services provider; and(4) petition the Probate and Family Court for the county in which the person with a disability resides, pursuant to M.G.L. c. 19C, § 7 and 118 CMR, for a judicial determination regarding the issue of the provision of protective services, the appointment or removal of a conservator, limited or general guardian, or for issuance of an order for protective services when a person with a disability refuses or is unable to consent to the provision of necessary protective services or when the guardian of a person with a disability is: unavailable or unwilling to consent to the provision of necessary protective services; suspected of involvement with the alleged abuse; or is not acting in the best interests of the person with a disability.Amended by Mass Register Issue 1319, eff. 8/12/2016.Amended by Mass Register Issue 1448, eff. 7/23/2021.