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Hear from COFAR
Voice your opinion
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Part One: Advocating Effectively on Behalf of Your Family Members and Wards
Know the Regulations
DMR regulations govern the delivery of services and to persons with mental retardation and make a number of specific statements about the manner
in which those services and supports are delivered. If you believe that your family member or ward is receiving substandard care, you can make a
determination as to whether any regulations are being violated. Once you have documented specific violations, you will be in a strong position to
advocate for change. Below are key excerpts from DMR regulations governing supports and services. The full text of these regulations can be found
on the DMR's website at http://www.mass.gov/dmr/.
Standards to Promote Dignity: 115 CMR 5.00
5.03 General Principles
Services and supports are to be designed to provide "meaningful assistance to the individual in acquiring and maintaining those physical,
mental, and social skills which enable the individual to cope most effectively with the demands of his or her own person and environment."
Services and supports are to be provided in a manner that promotes:
Human dignity
Humane and adequate care and treatment
Self-determination to the person's fullest capacity
Least restrictive care
The opportunity to undergo normal developmental experiences, provided that the person's safety and well-being are not unreasonably jeopardized
The opportunity to engage in activities and styles of living which encourage and maintain the integration of the person in the community
through individualized social and physical environments.
5.04 Other Rights of Individuals:
Individuals served by providers must have, in addition to the rights specified elsewhere in 115 CMR or in applicable state or federal laws or
judicial decrees, the following rights:
The right to communicate, including:
The right to have reasonable access to a telephone and opportunities to make and
receive confidential calls.
The right to unrestricted mailing privileges
The right to be protected from private and commercial exploitation including: the right not to be exposed to
public view by photograph, film, videotape, interview, or other means unless prior written consent of the individual or guardian is obtained...
The right to be visited and to visit others under circumstances that are conducive to friendships and relationships...
The right to enjoy basic goods and services without threat of denial or delay for any purpose by providers subject to 115 CMR 5.03 through 5.16.
The right to a reasonable expectation of privacy...
The right to decline any service or support.
5.05: Mistreatment:
No provider subject to 115 CMR 5.03 through 5.14 shall mistreat an individual or permit the mistreatment of an individual by persons in its
employ or subject to its direction. Mistreatment includes any intentional or negligent action or omission which exposes an individual to a serious
risk of physical or emotional harm. Mistreatment includes, but is not limited to:
Corporal punishment or any other unreasonable use or degree of force or threat of force not necessary to protect the individual or another person from bodily harm;
Infliction of mental or verbal abuse, such as screaming, name-calling, or any other activity which is damaging to the individual's self-respect;
Incitement or encouragement of individuals or others to mistreat an individual;
Transfer or the threat of transfer of an individual for punitive reasons;
Termination of services or supports or threat of termination of services or supports for punitive reasons;
Any act in retaliation against an individual for reporting any violation of the Department's regulations;
The use of any physical, mechanical, or chemical restraint as punishment, for the convenience of staff, or otherwise in violation of 115 CMR 5.11 (restraint);
Sexual abuse of an individual;
Intentional failure to obtain or render medical services; and
Any act in violation of 115 CMR 5.00.
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