Agency lags on abuse reviews

disabled="disabled" people may be at risk, state auditor says

By David Abel, Globe Staff  |  July 22, 2010

The state commission charged with protecting the disabled="disabled" has put them at risk by routinely failing to investigate abuse allegations in the time the state requires, according to the state auditor’s office.

In a report released yesterday, auditors found that the disabled="disabled" Persons Protection Commission failed to complete investigations of 87 percent of its cases within the 30-day period required by law.

In a statement, state Auditor A. Joseph DeNucci blamed a decreasing budget and increasing caseload.

The commission’s budget declined from $2.26 million in fiscal 2009 to $2.22 million in fiscal 2010.

“Budgetary constraints are clearly hurting their ability to finish investigations,’’ DeNucci said. “I understand that these are difficult fiscal times, but there are few issues that are as important as protecting vulnerable disabled="disabled" people from abuse.’’

Of the 1,959 cases investigated in fiscal 2009, the commission completed only 281 within 30 days, auditors found.

The record was slightly improved from fiscal 2008, when the commission completed investigations of 196 of 1,976 abuse allegations within that time frame.

But DeNucci noted that the record has worsened since the last audit, in 2007, which found that the commission failed to complete 77 percent of its abuse investigations in fiscal 2006 and 2007 within the required time.

Nancy A. Alterio, the commission’s executive director, said that in the past year budget cuts required the commission to release three people, including general counsel, from the now 29-member staff.

She added that the commission has struggled to cope with its call volume, because the number of abuse allegations it receives has increased about 4 percent every year since 2001.

The commission receives nearly 7,000 calls a year reporting abuse — most of which do not fall under its jurisdiction — and another 8,000 calls on unrelated subjects that are referred to different state agencies, she said.

The delay in completing investigations does not put the disabled="disabled" at risk, she said.

“When the allegations come in, we’re immediately assessing the level of risk and immediately providing the necessary services,’’ Alterio said. “The delay is in completing the report.’’

She estimated that most investigations are completed within two months and about 35 percent of the allegations are unsubstantiated.

The commission’s staff investigates only allegations involving a physical injury committed by caregivers against disabled="disabled" people between ages 18 and 59, she said.

Other abuse allegations are referred to other state agencies.

“We try to make sure people don’t fall through the cracks, especially if it’s an emergency,’’ she said.