Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 10:07

If, in the course of proceedings under G.L. c. 209A, court personnel or the judge has reasonable cause to believe that a disabled person has suffered a serious physical or emotional injury resulting from abuse, including nonconsensual sexual activity, a report should be made to the Disabled Persons Protection Commission (DPPC) in accordance with G.L. c. 19C, §§ 1 and 10.

Domestic abuse may also constitute abuse of a disabled person which should be reported pursuant to G.L. c. 19C, § 1. A “disabled person” is defined as “a person between the ages of eighteen to fifty-nine ․․․ with an intellectual disability ․․․ or who is otherwise mentally or physically disabled and as a result of such mental or physical disability is wholly or partially dependent on others to meet his daily living needs.” G.L. c. 19C, § 1. “Intellectual disability” is defined as a person who has “significant limitations in both intellectual functioning and adaptive behavior as expressed in conceptual, social and practical adaptive skills and beginning before age 18, and consistent with the most recent definition provided by the American Association on Intellectual and Developmental Disabilities; provided, that in applying this definition the following shall be considered: (i) limitations in present functioning within the context of community environments typical of the individual's age, peers and culture; (ii) cultural and linguistic diversity and differences in communication, sensory, motor, and behavioral factors; (iii) limitations often coexist with strengths within an individual; (iv) an important purpose of describing limitations is to develop a profile of needed supports; and, (v) with appropriate personalized supports over a sustained period, the life functioning of a person with an intellectual disability will generally improve.” G.L. c. 123B, § 1.

A “reportable condition” is a “serious physical or emotional injury resulting from abuse, including unconsented to sexual activity.” G.L. c. 19C, § 1.

Probation officers are “mandated reporters” of such abuse under G.L. c. 19C, § 1. However, it is not required that a mandated reporter make the report; anyone, including a clerk or victim witness advocate, can make the report where there is reasonable cause to believe that a disabled person is suffering from abuse.G.L. c. 19C, § 10. A report can be made by notifying the Disabled Persons Protection Commission (DPPC) “orally of any reportable condition immediately upon becoming aware of such condition and shall report in writing within forty-eight hours after such oral report.” Id.

The DPPC refers complaints regarding individuals with physical disabilities to the Massachusetts Rehabilitation Commission (MCR) and other complaints to the Department of Developmental Services (DDS) or the Department of Mental Health (DMH), depending on the disability of the individual being referred.

These services may also be available in circumstances where the defendant in a c. 209A proceeding is disabled and has been ordered to vacate the residence.SeeG.L. c. 19C, § 6.