Bill targets 'glaring loophole' in abuser registry law
The latest proposals, intended to improve operations at the Disabled Persons Protection Commission, would also expand the scope of Nicky's Law, which created a state registry of certain providers who abused individuals ages 18-59 with intellectual and developmental disabilities.
'We did not have any opposition last session, and we have reached out to stakeholders. Anybody that has any questions around this bill, we're like, 'Please call us, we'll speak to you about it.' We've heard nothing,' Julie Howley Westwater, general counsel at the DPPC, told the News Service Tuesday.
Referencing the Department of Children and Families and the Executive Office of Aging and Independence, she added, 'There were initially some questions around the confidentiality provision and there was some concern that, does that mean we're not going to share records when we should? We clarified that and said, 'No, we want the same protection of records as DCF and AGE.''
The Joint Committee on Children, Families and Persons with Disabilities favorably reported out redrafted legislation last session on Feb. 15, but the House Ways and Means Committee did not advance it.
'It's so frustrating for us because we feel like this really is a bill that will protect a lot of people with disabilities, and it's not going to cost any additional money to do that,' Westwater said.
The DPPC faced scrutiny last year after the Massachusetts Coalition of Families and Advocates sounded the alarm about abusive providers potentially slipping through the cracks on the registry and continuing to care for individuals with intellectual and developmental disabilities. Providers can petition for their cases to be reviewed after officials make initial determinations that their conduct constituted abuse.
Pending bills from Reps. Sean Garballey and Simon Cataldo and Sen. John Keenan (H 243 / S 139) would update and accelerate the DPPC's process for referring reports of alleged abuse to agencies within the Executive Office of Health and Human Services in situations with an 'imminent risk of substantial harm to the person with a disability,' according to a commission summary. The bills streamline how reports are filed in non-emergency situations, codify that privileged and confidential information within DPPC reports are not public records, and remove terms limits for DPPC commissioners.
'For several consecutive sessions, this legislation has received a favorable report from the committee, and I respectfully request that you do so again so that we build on that momentum,' Keenan told the committee during a hearing Tuesday.
DPPC fields more than 15,000 abuse reports each year, said DPPC Executive Director Nancy Alterio.
'In every case, DPPC seeks a positive and just outcome, whether that be additional supports for the victim, removal of the abuser from serving this population, or at the very least preventing similar circumstances from occurring in the future,' Alterio said. 'Changes in this bill, while seemingly small, will improve vital areas of the DPPC's operations, require no additional appropriation, has been duly vetted and debated, and will enhance the safety of persons with disabilities throughout the commonwealth, so that we can provide the best possible response for every one of the 15,000 citizens who reach out the DPPC for assistance.'
Echoing a narrower proposal from Sen. Michael Moore (S 165), the DPPC reforms bills would also broaden the abuser registry to enable MassHealth day habilitation program providers to consult the database.
For now, the registry only installs guardrails around individuals who receive care from the Department of Development Services. Providers whose names appear on the registry are barred from working for DDS or DDS-contracted employers for five years.
'We have a glaring loophole in the law. This exclusion allows numerous abusive care providers to keep working with the vulnerable population,' Moore said. 'S 165 is necessary to ensure that no mistreatment goes unreported.'
Committee member Rep. John Marsi thanked Moore for tackling the issue.
'I know this didn't quite get over the finish line last session, but I hear from a lot of people in my community that this is very important,' Marsi, a Dudley Republican, said.
Maura Sullivan, CEO of The Arc of Massachusetts, said the proposals to update Nicky's Law, which former Gov. Charlie Baker signed in 2020, would fill a 'dangerous gap.' Sullivan, who has two sons with autism, recalled how she advocated for the original law to 'keep people like my sons safe from abusers.'
'Now, my sons are part of the adult service world, and I am grateful that the registry is doing its job. Over 150 known abusers are prohibited from hurting or neglecting people with IDD, but not in MassHealth day hab programs,' Sullivan said. 'Seven or 8,000 people are served by day habs, and at least a 1,000 or more are waiting.'
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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12-06-2025
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Bill targets 'glaring loophole' in abuser registry law
BOSTON (SHNS) – As disability advocates again push to strengthen abuse protections through a string of refiled bills, the general counsel of an independent state agency charged with handling allegations and investigations says there was no pushback to previous legislative efforts. The latest proposals, intended to improve operations at the Disabled Persons Protection Commission, would also expand the scope of Nicky's Law, which created a state registry of certain providers who abused individuals ages 18-59 with intellectual and developmental disabilities. 'We did not have any opposition last session, and we have reached out to stakeholders. Anybody that has any questions around this bill, we're like, 'Please call us, we'll speak to you about it.' We've heard nothing,' Julie Howley Westwater, general counsel at the DPPC, told the News Service Tuesday. Referencing the Department of Children and Families and the Executive Office of Aging and Independence, she added, 'There were initially some questions around the confidentiality provision and there was some concern that, does that mean we're not going to share records when we should? We clarified that and said, 'No, we want the same protection of records as DCF and AGE.'' The Joint Committee on Children, Families and Persons with Disabilities favorably reported out redrafted legislation last session on Feb. 15, but the House Ways and Means Committee did not advance it. 'It's so frustrating for us because we feel like this really is a bill that will protect a lot of people with disabilities, and it's not going to cost any additional money to do that,' Westwater said. The DPPC faced scrutiny last year after the Massachusetts Coalition of Families and Advocates sounded the alarm about abusive providers potentially slipping through the cracks on the registry and continuing to care for individuals with intellectual and developmental disabilities. Providers can petition for their cases to be reviewed after officials make initial determinations that their conduct constituted abuse. Pending bills from Reps. Sean Garballey and Simon Cataldo and Sen. John Keenan (H 243 / S 139) would update and accelerate the DPPC's process for referring reports of alleged abuse to agencies within the Executive Office of Health and Human Services in situations with an 'imminent risk of substantial harm to the person with a disability,' according to a commission summary. The bills streamline how reports are filed in non-emergency situations, codify that privileged and confidential information within DPPC reports are not public records, and remove terms limits for DPPC commissioners. 'For several consecutive sessions, this legislation has received a favorable report from the committee, and I respectfully request that you do so again so that we build on that momentum,' Keenan told the committee during a hearing Tuesday. DPPC fields more than 15,000 abuse reports each year, said DPPC Executive Director Nancy Alterio. 'In every case, DPPC seeks a positive and just outcome, whether that be additional supports for the victim, removal of the abuser from serving this population, or at the very least preventing similar circumstances from occurring in the future,' Alterio said. 'Changes in this bill, while seemingly small, will improve vital areas of the DPPC's operations, require no additional appropriation, has been duly vetted and debated, and will enhance the safety of persons with disabilities throughout the commonwealth, so that we can provide the best possible response for every one of the 15,000 citizens who reach out the DPPC for assistance.' Echoing a narrower proposal from Sen. Michael Moore (S 165), the DPPC reforms bills would also broaden the abuser registry to enable MassHealth day habilitation program providers to consult the database. For now, the registry only installs guardrails around individuals who receive care from the Department of Development Services. Providers whose names appear on the registry are barred from working for DDS or DDS-contracted employers for five years. 'We have a glaring loophole in the law. This exclusion allows numerous abusive care providers to keep working with the vulnerable population,' Moore said. 'S 165 is necessary to ensure that no mistreatment goes unreported.' Committee member Rep. John Marsi thanked Moore for tackling the issue. 'I know this didn't quite get over the finish line last session, but I hear from a lot of people in my community that this is very important,' Marsi, a Dudley Republican, said. Maura Sullivan, CEO of The Arc of Massachusetts, said the proposals to update Nicky's Law, which former Gov. Charlie Baker signed in 2020, would fill a 'dangerous gap.' Sullivan, who has two sons with autism, recalled how she advocated for the original law to 'keep people like my sons safe from abusers.' 'Now, my sons are part of the adult service world, and I am grateful that the registry is doing its job. Over 150 known abusers are prohibited from hurting or neglecting people with IDD, but not in MassHealth day hab programs,' Sullivan said. 'Seven or 8,000 people are served by day habs, and at least a 1,000 or more are waiting.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Coalition: Lack of press shield law makes Mass. an outlier
BOSTON (SHNS) – Massachusetts is one of just nine states without a 'press shield law' that a media advocacy coalition says would to protect journalists from being required to disclose their confidential sources and other sensitive information in court. Coalition members including the Massachusetts Broadcasters Association, Massachusetts Newspaper Publishers Association and Boston Globe Media say they're making a stronger push this session for a bill (S 1253, H 1738) that would provide 'clear safeguards' for confidential sources and sensitive material so that journalists can fulfill their 'constitutionally protected watchdog role.' 'It is absolutely obvious that we are in a time where we need to pay attention to the shortfall and failure, to date, of Massachusetts to actually pass a press shield law that we so desperately need, given what is happening in the national sphere,' longtime bill sponsor Sen. Becca Rausch said on Wednesday. No version of the bill has ever cleared the Judiciary Committee. Organizers said the bill has been proposed for around 15 years, but that they tracked the concept back to the 1970s. The bill is modeled after the federal Press Act, which the U.S. House passed unanimously in 2024. According to Bob Ambrogi, executive director of the Massachusetts Newspaper Publishers Association, one of the reasons the coalition chose the federal bill as its model was because it had been 'vetted by pretty much every major news organization in the country' and leading media lawyers. If passed, journalists would not have to name sources or disclose confidential newsgathering information unless the disclosure is necessary to prevent 'an act of terrorism' or 'a threat of imminent violence, bodily harm, or death.' Unless a court finds similar threats, state officials would not be able to force third-party email or phone providers to disclose sensitive records, and journalists and news organizations would be notified before their records are sought by state officials. Organizers referenced Massachusetts cases in which journalists were challenged when protecting their anonymous sources, namely a 2022 case between the Berkshire Eagle and the Springfield Diocese and another case involving the Boston Globe, Dana Farber Cancer Institute and a physician at the hospital. Chief Operating Officer and General Counsel of Boston Globe Media Dan Krockmalnic said the Globe has filed more than a dozen motions in the last few years to fight subpoenas for information about reporters and sources. The financial burden and time-consuming nature of those kinds of cases, House bill sponsor Rep. Rich Haggerty said, puts local news specifically at a disadvantage. 'Every single time we see a local news organization challenged, spending resources and money on protecting what should be a First Amendment right already protected — and this law would help that — we know they're not spending those resources on informing our communities,' Haggerty said. Past opposition includes law enforcement, which media lawyer Jon Albano said was concerned that its ability to investigate a crime that has been in the news could be stymied if they aren't able to subpoena a reporter to find out who they've spoken with. 'In general, there's probably some other way they can figure out how to get to that source or get to that information, but it's kind of a shortcut to subpoena the reporter and say, 'Where did you get this information?'' Albano said. While concerns have existed in the past about shield laws potentially unduly protecting sources in criminal investigations, 41 states and Washington, D.C. have a press shield law, Krockmalnic said. 'The sky has not fallen anywhere there. It will not fall here. And we know that authorities in those jurisdictions regularly and successfully prosecute crimes that are reported on by the press despite the existence of a robust shield law,' Krockmalnic said. 'But here in Massachusetts, sources provide their information at their own peril. They know that their names and information that they provide can be demanded by the government or by private litigants and must rely on the press's ability and funds to fight on their behalf to try to convince the court that we deserve protection.' The bill defines a 'covered journalist' as 'a person who regularly and credibly gathers, prepares, collects, photographs, records, writes, edits, reports, investigates, or publishes news or information in a professional manner that concerns local, national, or international events or other matters of public interest for dissemination to the public.' 'It is our intention to not overly constrain how a journalist or journalism or the act of newsgathering is defined in legislation,' Krockmalnic said. 'If you are plausibly engaged in the act of newsgathering, then the law should apply to you.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
11-06-2025
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Healey backs Newsom in fight with Trump over LA protest response
BOSTON (SHNS) – Gov. Maura Healey backed California Gov. Gavin Newsom on Wednesday as protests over federal immigration raids have dragged into their fifth day in Los Angeles. 'I stand in support with Governor Newsom, and supporting his prerogative as commander in chief to lead local and state law enforcement in protecting communities. What Donald Trump is doing is making communities less safe,' Healey told reporters Wednesday after an unrelated event outside of the State House. The protests started in LA on Friday, when Immigration Customs Enforcement raids took place across the city. Over the weekend, the demonstrations escalated and the Trump administration sent about 4,000 National Guard troops and 700 Marines to the city. Mayor Karen Bass implemented a curfew in downtown LA and Newsom filed an emergency motion to try to block further deployment of troops in the city center. 'They're talking about spending over a $100 million with this deployment,' Bass said at a news conference, according to Courthouse News Service. 'Which is why I say that I feel like we have all been in Los Angeles a part of a grand experiment to see what happens when the federal government decides they want to roll up on a state, or roll up on a city, and take over.' President Donald Trump posted about the LA protests and military deployment on his social media platform, Truth Social, several times Wednesday morning. 'If our troops didn't go into Los Angeles, it would be burning to the ground right now, just like so much of their housing burned to the ground. The great people of Los Angeles are very lucky that I made the decision to go in and help!!!' he wrote. Another post says, 'The INCOMPETENT Governor of California was unable to provide protection in a timely manner when our Ice Officers, GREAT Patriots they are, were attacked by an out of control mob of agitators, troublemakers, and/or insurrectionists. MAKE AMERICA GREAT AGAIN!' Gov. Newsom has responded by calling Trump a threat to American life. 'California may be first, but it clearly will not end here. Other states are next,' he warned during a press conference on Wednesday. 'Democracy is next. Democracy is under assault before our eyes. This moment we have feared has arrived.' Healey told reporters that she joins with governors and attorneys general around the country in denouncing Trump's actions. 'It is wrong to federalize the National Guard over the objection of and without the consultation of a governor of a state,' she said. 'It's making our communities less safe, and it puts law enforcement in danger,' adding that 'I don't want to see them in harm's way either, just like I don't want to see members of our military in harm's way.' 'In terms of what happens next with court actions. I'll leave that to the attorney general and support whatever steps she takes that she thinks are important to vindicate things as a legal matter, because that's her domain,' Healey said. Attorney General Andrea Campbell joined a group of 18 attorneys general in releasing a statement Wednesday condemning Trump's military deployment to the city 'as the chief law enforcement officers' in their respective states. 'The president's decision to federalize and deploy California's National Guard without the consent of California state leaders is unlawful, unconstitutional, and undemocratic,' the statement reads. It continues, 'The federal administration should be working with local leaders to keep everyone safe, not mobilizing the military against the American people… We oppose any action from this administration that will sow chaos, inflame tensions, and put people's lives at risk – including those of our law enforcement officers.' WBUR reported over 200 people gathered for a rally at Boston City Hall on Monday for a rally against ICE raids in LA and Trump's response to the protests. There are several protests planned around the state on June 14 as part of a nationwide 'No Kings Day' effort, on the same day Trump is planning a military parade in Washington D.C. to celebrate the Army's 250th birthday, which also falls on his 79th birthday. At a press conference this week, Bass said the protests have been limited to about five streets or one square mile of the city, compared to 503 square miles in Los Angeles. She said city officials, including police, have the capacity to handle protests and are not getting information from federal officials about immigration raids. 'I would appeal to the president to stop the ICE raids so that we can have stability in our city,' Bass said. 'I think about the families who are afraid to go to work and go to school. I was talking to a friend today who in her local grocery store, the shelves were empty, a lot of the shelves were empty, because people aren't coming to work to stock the shelves. We have to look at the contribution that the immigrant population makes to our local economy. And you know that there are some industries that the majority are immigrant labor. And so when you frighten immigrants and they don't want to come to work you are hitting at the heart of our local economy. The nannies that can't show up, the gardeners that can't show up, that impacts households in a way that I don't think people often realize the extent.' WWLP-22News, an NBC affiliate, began broadcasting in March 1953 to provide local news, network, syndicated, and local programming to western Massachusetts. Watch the 22News Digital Edition weekdays at 4 p.m. on Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
