Audit of the Executive Office of Elder Affairs
October 9, 2018 · Executive Office of Elder Affairs · Read the full official report on mass.gov ↗
source
“EOEA and its designated protective-service agencies (PSAs) did not always report incidents of abuse to district attorneys’ (DAs’) offices for investigation.”
Read the plain-English breakdown
This is a state performance audit of the Executive Office of Elder Affairs’ Protective Services Program, covering how elder-abuse reports were screened, investigated, documented, and reported from July 2015 through June 2017.
“In this performance audit, we examined EOEA’s process for screening, investigating, documenting, and reporting incidents of elder abuse.”
The Auditor reviewed whether EOEA was doing enough to reduce abuse risks for older adults and prevent abuse from happening again.
“Did EOEA effectively and efficiently administer its Protective Services Program to ensure that it achieved its stated objectives of mitigating or alleviating risks of abusive situations and preventing the reoccurrence of abuse of elderly people by doing the following?”
When serious abuse is not reported or properly documented, possible crimes against older adults may not be investigated or prosecuted.
“Without making referrals to DAs’ offices and adequately documenting referrals in APS, EOEA and its designated protective-service agencies (PSAs) cannot be certain that they have taken the necessary steps to ensure appropriate investigation and prosecution of alleged perpetrators of abuse and mitigation of risks of abuse.”
If you or someone you care about reports elder abuse, the system should document it correctly, investigate it when needed, and send serious cases to prosecutors.
“The law also states that if a PSA’s investigation determines that the elderly person is suffering abuse, the PSA must “evaluate the elderly person’s functional capacity, situation, and resources” before developing a service plan that addresses the provision of protective services and specific objectives to aid the elderly person and collaterals6 in preventing, eliminating, and/or alleviating the risks of abuse.”
The audit found three main problems: missed referrals to district attorneys, weak documentation of abuse reports, and weak controls over the abuse-report database.
“During our audit, we identified a number of issues with the way EOEA documented the processing of abuse reports in APS.”
The Auditor recommended written guidance, stronger monitoring, better documentation practices, improved user-access controls, and regular coordination with district attorneys.
“EOEA should establish monitoring controls to ensure that each person involved in the DA referral process complies with its policies and procedures for reporting incidents of alleged abuse to DAs’ offices.”
This matters because the audit reviewed thousands of screened-in abuse reports and found weaknesses in a program meant to protect older adults across Massachusetts.
“EOEA’s database system of record contains 10,435 unique reports of abuse that were screened in for investigation for fiscal year 2016 and 14,598 unique reports that were screened in during fiscal year 2017.”
APS means the Adult Protective Services system, the web database EOEA used to record abuse reports, case notes, referrals, and investigations.
“The Adult Protective Services (APS) system is a Web-based database system that EOEA uses as its system of record to document reports of alleged abuse of elderly people.”
What the Auditor checked
- Partially Did EOEA effectively and efficiently administer its Protective Services Program to ensure that it achieved its stated objectives of mitigating or alleviating risks of abusive situations and preventing the reoccurrence of abuse of elderly people by adequately documenting each report of abuse in the Adult Protective Services system?
- Did not comply Did EOEA effectively and efficiently administer its Protective Services Program to ensure that it achieved its stated objectives of mitigating or alleviating risks of abusive situations and preventing the reoccurrence of abuse of elderly people by ensuring that the decision to screen each abuse report in or out was properly reviewed and authorized?
- Partially Did EOEA effectively and efficiently administer its Protective Services Program to ensure that it achieved its stated objectives of mitigating or alleviating risks of abusive situations and preventing the reoccurrence of abuse of elderly people by ensuring that each case was reviewed and authorized by supervisors at a protective-service agency before it was terminated?
What the Auditor found
Why it matters: EOEA and its designated protective-service agencies cannot be certain they took the steps needed for investigation, prosecution, and mitigation of abuse risks.
Standard: Section 18(a) of Chapter 19A of the Massachusetts General Laws and 651 CMR 5.19 ( Section 18(a) of Chapter 19A of the General Laws; 651 CMR 5.19; 651 CMR 5.18(2) )
3 recommendations
- EOEA should develop a guidance manual addressing documentation practices for DA referral and reporting to reflect the requirements of 651 CMR 5.18(2)(e).
- EOEA should establish monitoring controls to ensure that each person involved in the DA referral process complies with its policies and procedures for reporting incidents of alleged abuse to DAs’ offices.
- EOEA should schedule regular meetings with DAs’ offices to ensure that reportable conditions that warrant DA referral are reported.
Agency response & Auditor reply
Agency: "EOEA takes all cases of non-compliance with the DA Referral requirement seriously."
Auditor: "Based on its response, EOEA is taking measures to ensure that it properly reports this information to DAs’ offices."
Why it matters: There was inadequate assurance that cases were properly investigated, screening decisions were appropriate, and serious alleged abuse would be addressed.
Standard: 651 CMR 5.18 and 651 CMR 5.09 ( 651 CMR 5.18(2)(a); 651 CMR 5.09; 651 CMR 5.18(2)(d) )
2 recommendations
- EOEA should implement policies and procedures that include better documentation practices in APS.
- PSA supervisors should document their screening decision rationales in APS and assign a PSA case manager or second PSA supervisor to review each decision before the initiation of an investigation if it is screened in, or an expungement if it is screened out, by the supervisor.
Agency response & Auditor reply
Agency: "EOEA issued guidance on the proper protocol for linking intakes to investigations on July 20, 2018, and is implementing an ongoing [quality assurance] process throughout the protective services system by June 30, 2019."
Auditor: "Based on its response, EOEA is taking measures to address our concerns in this area."
Why it matters: Sensitive data stored in APS was at high risk of unauthorized access or improper disclosure.
Standard: Executive Office of Technology Services and Security’s Enterprise Information Security Policy and National Institute of Standards and Technology Special Publication 800-53 ( Executive Office of Technology Services and Security’s Enterprise Information Security Policy; National Institute of Standards and Technology Special Publication 800-53, Section AC-2E; National Institute of Standards and Technology Special Publication 800-53, Section AC-7; National Institute of Standards and Technology Special Publication 800-53, Section AC-11; National Institute of Standards and Technology Special Publication 800-53, Section AU-6 )
2 recommendations
- EOEA should screen and approve new users’ access to APS.
- EOEA should establish and implement written system security access policies and procedures, within a control plan, that are specific to employees using APS.agency: already implemented
Agency response & Auditor reply
Auditor: "Based on its response, EOEA is taking measures to address our concerns in this area."
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