Haggerty, Ciccolo, Friedman Pass Nicky's Law

From the Offices of state Sen. Cindy Friedman, state Rep. Rich Haggertyand state Rep. Michelle Ciccolo:

Published on January 22 2020

BOSTON – Last week, Representative Michelle Ciccolo (D-Lexington) and Representative Rich Haggerty (D-Woburn), along with their colleagues in the House of Representatives, unanimously passed legislation to create a registry of care providers who harmed a person or persons with an intellectual or developmental disability. The bill seeks to prevent those providers from being hired for programs funded or operated by the Department of Developmental Services (DDS). The bill had previously passed the Senate unanimously with the support of Senator Cindy Friedman (D-Arlington) on Oct. 17, 2020.

The legislation, An Act to Protect Persons with Intellectual or Developmental Disabilities from Abuse, creates a registry of care providers against whom the Disabled Persons Protection Commission (DCCP) has made a final decision regarding “substantiated findings” of acts resulting in serious physical or emotional injury of a person with an intellectual or developmental disability.

“I was pleased to join my colleagues in passing Nicky’s Law and to see my bill folded into Representative Linda Dean Campbell’s legislation,” said Representative Haggerty. “With no established system to track those individuals who carry out abuse against those with intellectual and developmental disabilities, this bill does just that in establishing an abuse registry. This legislation was something I personally had been following very closely, as by creating this proposed registry we help to protect one of our most vulnerable populations.”

“Caretaking is one of the most intimate professions in the Commonwealth, requiring the highest level of trust and confidence,” said Representative Ciccolo. “Those who violate that trust, especially when working with those who have intellectual and developmental disabilities, should at the very minimum absolutely not be able to find themselves in a position to do so again. For that reason, I was pleased to support ‘Nicky’s Law’ last week.”

The bill requires care provider employers to check the registry prior to hiring or retaining any person as a care provider, and it prevents employers from hiring or retaining any provider who appears on the registry. Those employers include those with DDS licenses for day services, those that have contracts with DDS, and those receiving funding from DDS. Under the bill, DCCP imposes monetary fines or other penalties on any employer that fails to comply. The legislation also includes due process protections for care providers.

“It is unconscionable that we do not have laws on the books to adequately protect disabled persons in Massachusetts who experience harm by their own caretakers,” said Senator Friedman. “The Legislature has shown its commitment to protecting our state’s disabled population by passing this important legislation, which would make it much easier to identify abusive caretakers in our communities. This is a commonsense step that will make an enormous impact on our families, friends and neighbors throughout the Commonwealth.”

The legislation builds on ongoing, increased support for those departments serving adults and children with intellectual or developmental disabilities. From 2012 to 2020, DPPC funding has increased by 93 percent.

This press release was produced by the Offices of state Sen. Cindy Friedman, state Rep. Rich Haggertyand state Rep. Michelle Ciccolo The views expressed here are the author’s own.