Building Partnerships

Overview Results Steering Committee Bios

Goals of the Building Partnerships Initiative

To provide protection, treatment and continuity of care for persons with disabilities;
To increase awareness of crimes being committed against persons with disabilities;
To increase communication and cooperation between law enforcement and agencies providing services to persons with disabilities, and
To ensure that crimes committed against persons with disabilities are promptly reported and investigated by trained law enforcement personnel and prosecuted by experienced assistant district attorneys.

In 1998, the United States Department of Justice reported that there were 54 million Americans living with disabilities. According to one study, in 2000, approximately five (5) million crimes are committed against persons with developmental disabilities each year in comparison to 1.4 million child abuse cases and one (1) million elder abuse cases.¹ Persons with disabilities are some of our most vulnerable citizens. The vulnerability of a person with a disability is heightened when he or she is dependent upon a caregiver. The close personal contact involved with assisting persons with disabilities with daily living activities such as bathing, dressing and personal hygiene fosters dependence upon the caregiver. Persons with disabilities may also have an impaired ability to utilize self-defense and avoidance of violence mechanisms. It is a common misperception that persons with disabilities are asexual, incapable of relationships and not able to engage in sexual acts. Consequently, when a person discloses that she or he is a victim of sexual abuse, they are frequently not believed. These situations are complex and place persons with disabilities at greater risk of sexual assault and abuse.

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Statistics

Crimes committed against persons with disabilities are a frequently unrecognized and underreported problem that has reached epidemic proportions in the United States as reflected in the following statistics:

More than ninety percent (90%) of people (both male and female) with developmental disabilities will experience sexual abuse at some point in their lives. Forty-nine percent (49%) will experience ten or more abuse incidents.
Only three percent (3%) of sexual abuse cases involving people with developmental disabilities will ever be reported. ²
Adults with developmental disabilities are at risk of being physically or sexually assaulted at rates four to ten times greater than other adults.³
A study of psychiatric inpatients found that 81 percent had been physically or sexually assaulted. ⁴
62% of women with physical disabilities reported experiencing emotional, physical or sexual abuse.⁵

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'House of Horrors' - the Case that Changed the System in Massachusetts

In 1997, an incident of abuse and neglect of two men with disabilities made headline news in print and broadcast media. The story began in 1989 when Tim, a 19 year old man with mild mental retardation, was placed alone on a bus in Louisiana by his mother. The young man's destination was Massachusetts. This young man, who professionals in both Louisiana and Massachusetts described as eager to please, compliant, shy and lacking self-esteem, was departing a life composed of years of sexual and physical abuse and deprivation. He was about to enter a world of torture, torment and slavery.

After arriving in Massachusetts, Tim lived with two brothers, and Almus, another man with mild mental retardation. Over the next seven and one-half years, the two men with mild retardation were financially exploited, and physically and sexually abused by the two brothers. In particular, Almus was beaten with thorn sticks and a hammer, burned with boiling water, sexually assaulted, tied to a hot radiator, made to sleep in a doghouse and hit with a motor chain, causing blindness in one eye. Several reports of the abuse were made to various authorities, yet no substantial action was taken. When action was finally taken, the perpetrators were arrested, prosecuted, convicted and sent to prison.

How did the abuse continue for so long? The answer is simple - it was the result of the failure of a system supposed to protect persons with disabilities. This case changed the system in Massachusetts. As soon as the story broke in 1997, the living situation of the two men was immediately resolved. As a result of this and other high profile cases, the Massachusetts House Post Audit Committee and Oversight Bureau released a scathing report identifying serious problems with investigations involving persons with disabilities. To say that the report was scathing would be an understatement. It stated that the Department of Mental Retardation (DMR) had lost sight of its mission - focusing on the health and safety of its clients.

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Why the Initiative Was Formed

In June 1997, in response to the legislature's report, Gerald J. Morrissey, Jr., the then newly hired Commissioner of DMR, appointed an Investigations Advisory Panel to determine how DMR could improve its investigative capacity and systems for protecting the safety and well being of the people it serves. The panel, chaired by Northwestern District Attorney Elizabeth D. Scheibel, was composed of nine individuals representing the Massachusetts State Police, judiciary, academia and families of consumers from across the state.

The panel concluded that most of the problems hampering the effectiveness of the Investigations Unit were systemic in nature and included such issues as poor relations between agencies, the lack of a layered system prioritizing the most serious cases and the insufficient, untimely and, in some cases, lack of referrals to the appropriate law enforcement and criminal justice authorities. There was an absence of formal procedures and cooperative agreements with law enforcement agencies for the management and investigation of complaints of criminal conduct. Reasons for underreporting and inadequate investigations included lack of awareness, lack of effective coordination between law enforcement and human service agencies, and reluctance by police, prosecutors and judges to rely on the testimony of a person with a disability. When crimes committed against persons with disabilities were reported to the authorities, they were often reported days or even weeks after the incident occurred. Crime scenes and physical evidence were destroyed. Testimonies were damaged by repeatedly interviewing the victim and perpetrator.

These problems contributed to underreporting and low arrest and prosecution rates for persons who committed crimes against persons with disabilities. In Massachusetts, in 1997, the Disabled Persons Protection Commission (DPPC) referred 32 cases statewide to law enforcement for criminal investigation, none of which were prosecuted. Consequently, crime victims with disabilities did not have equal access to the criminal justice system. As a result of the vulnerability of persons with disabilities, the national studies, the Massachusetts statistics, the House Post Audit Report, the House of Horrors case, the lack of abuse reporting, lack of criminal prosecutions, the feedback from the public hearings and the DMR’s Investigations Panel’s report identifying serious problems with recognizing, reporting, investigating and prosecuting crimes committed against persons with disabilities, this project was selected and the Building Partnerships for the Protection of Persons with Disabilities initiative was created.

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Solutions

To address the lack of awareness of crimes being committed against victims with disabilities, the lack of reporting and the lack of and ineffective criminal investigations and prosecutions, a comprehensive, multi-agency response was required.

May of 1999 marked the first time that representatives from the Attorney General’s office, the district attorney’s offices, Massachusetts State Police, adult protective services, and human service agencies came to the table with the primary objective being the establishment of a formal written protocol that would ensure the swift and effective reporting and investigation of crimes committed against persons with disabilities. This partnership has become known as the Building Partnerships for the Protection of Persons with Disabilities initiative (BPI). The Building Partnerships initiative has been institutionalized through formal Memorandums of Understanding (MOU). This agreement brings together the eleven district attorneys, Massachusetts State Police, the Disabled Persons Protection Commission and human service victim advocate agencies, using a multidisciplinary approach to address crimes committed against persons with disabilities. The MOU's are the cornerstone of the Building Partnerships for the Protection of Persons with Disabilities initiative, describing each agency role and responsibility to ensure all situations are addressed and to prevent duplication.

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Accomplishments

The single most important achievement of the Building Partnerships initiative is the enhanced safety and protection of crime victims with disabilities. Thousands of reports of abuse against persons with disabilities are received through a single point of entry at the DPPC and screened by experienced state police detectives assigned to the agency. Reports alleging criminal activity are now investigated by trained law enforcement officers and prosecuted by specially trained assistant district attorneys. Through the Building Partnerships goals and objectives, identified in yearly grant applications, training curricula were developed for local and state police officers, APS investigators, assistant district attorneys, victim witness advocates and service providers.

Over the past seven years, accomplishments have been numerous and include, but are not limited to, the following:

State Police Detective Unit (SPDU): Legislation statutorily mandated that a SPDU be established and located within the adult protective services (APS) office of DPPC. The SPDU reviews all abuse reports received through DPPC’s 24 hour hotline, and identifies and forwards complaints of criminal activity to the appropriate district attorney’s jurisdiction for assignment of the criminal investigation.
Memoranda of Understandng (MOUs): An MOU was established between law enforcement, APS and human service agencies. The MOU outlines a multidisciplinary approach to addressing violence committed against persons with disabilities and identifies the specific role of the parties involved. The multidisciplinary team is comprised of, but not limited to, the district attorney, state police, DPPC, DMR, DMH and MRC. Each of the eleven district attorneys has a MOU specific to their district and a ll district attorneys have formally signed on to the agreement.
APS Training: A forty hour basic investigation training and a 40 hour sexual assault training was developed and is provided to APS investigators. The training is conducted by the state police and held at the state police academy.
New Recruit Training: Municipal recruits all over Massachusetts are educated through a full day training on responding to crime victims with disabilities. The curriculum, Adults with Disabilities and Law Enforcement, developed by BPI formally replaced the Municipal Police Training Committee’s existing curriculum on Special Needs.
Veteran Police Distance Learning: Reporting and Investigating Crimes Committed Against Persons with Disabilities was created by BPI and is accessible to all Massachusetts veteran municipal and state police officers through the Massachusetts State Police on-line training academy.
Practical Guide for Court Personnel: BPI, in conjunction with Massachusetts Continuing Legal Education (MCLE), developed a practical guide to the reporting, investigation and prosecution of crimes committed against persons with disabilities. The book was distributed to all the courts in Massachusetts.
Provider Training: A video was created to educate professionals that provide services to persons with disabilities on recognizing, reporting and responding to violence committed against persons with disabilities. The video, Protect, Report, Preserve: Abuse Against Persons with Disabilities and accompanying manual is distributed to agencies throughout the state that provide services to persons with disabilities.
Legislation: Senate Bill 1083, drafted by BPI, with input from the Attorney General’s Office, provided for enhanced penalties for those who commit crimes against persons with disabilities. It was passed in the fall of 2005. BPI has other bills pending.
Public Awareness Campaign: An extensive public awareness plan has been developed to increase awareness of crimes being committed against persons with disabilities within the commonwealth. BPI has a website that includes general information on the program and links to the participating agencies. Laminated reporting cards, educational brochures and posters have been developed and distributed throughout the Commonwealth. Other public awareness materials include laminated cards for police officers, magnets with reporting information for service providing agencies, water bottles with reporting information distributed at trainings, key chains with reporting information for persons with disabilities and various educational brochures tailored to specific disciplines.

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Recognition

Efforts of the Building Partnerships Recognized…

2002 Northwestern District Attorney and State Police Lieutenant receives DMR’s Public Service Award
Northwestern District Attorney Elizabeth D. Scheibel and Massachusetts State Police Detective Lieutenant Susan M. Cronin received the Partners in Public Service Award from the Department of Mental Retardation for their outstanding and ongoing contribution in addressing crimes committed against persons with disabilities.

2003 DMR Commissioner and DPPC Executive Director receives MOVA’s Innovations Award
In 2003 Gerald J. Morrissey, Jr., Commissioner of the Department of Mental Retardation (DMR) and Nancy A. Alterio received the Innovations award from the Massachusetts Office for Victim Assistance (MOVA) for their leadership in the Building Partnerships for the Protection of Persons with Disabilities initiative. The award is given to professionals whose work has raised public and professional awareness and made contributions to victim services through innovative collaborations. For details on all of MOVA’s Awards, contact MOVA at 617-727-5200 or visit the MOVA website at www.mass.gov/mova

2004 Massachusetts State Police Receives Top Law Enforcement Award
IACP/Motorola Webber Seavey Award Recognizes Trailblazing Approach to Protecting Persons with Disabilities. For its innovative approach to addressing crimes against persons with disabilities, the Massachusetts State Police received the International Association of Chiefs of Police (IACP)/Motorola Webber Seavey Award for Quality in Law Enforcement during special ceremonies held in conjunction with the IACP annual meeting in Los Angeles on November 15, 2006. The IACP/Motorola Webber Seavey Award is presented annually to agencies and departments worldwide in recognition for promoting a standard of excellence that epitomizes law enforcement’s contribution and dedication to the quality of life in local communities. Among a field of more than 179 nominees – almost 20 percent coming from countries other than the U.S. – three departments were selected to receive law enforcement’s most distinguished honor. A key component of the Building Partnerships initiative is a State Police Detective Unit (SPDU) assigned and housed at the Disabled Persons Protection Commission (DPPC), an adult protective service agency. The troopers of the SPDU review all abuse reports received through the agency’s 24-hour hotline and track each utilizing a statewide database. The new infrastructure allows for the timely and efficient processing of all cases and has significantly enhanced the safety and protection of crime victims. For details on all of the 2004 IACP/Motorola Webber Seavey Award winning programs, contact the IACP at 800-843-4227 or visit the IACP website at www.theiacp.org.

2005 Leaders in Massachusetts Recognized for Collaborative Efforts
The National Organization for Victim Assistance (NOVA) annually presents awards to recognize extraordinary accomplishments of individuals and programs in the victims’ movement. In 2005 leaders in Massachusetts received the Tadini Bacigalupi Program of Distinction Award from NOVA for their innovation in service, longevity of program and quality of services for crime victims with disabilities. In May of 2005 in Atlanta, Georgia, NOVA paid tribute to Elizabeth D. Scheibel, Northwestern District Attorney, Gerald J. Morrissey, Jr., Commissioner of the Department of Mental Retardation, Nancy A. Alterio, Executive Director of the Disabled Persons Protection Commission and Mary Ann Brennen, Project Director of the Building Partnerships for the Protection of Persons with Disabilities initiative for their role in addressing abuse and crimes committed against victims with disabilities. For more information on all NOVA’s awards contact:

Mary Young, P.O. Box 203, Lebanon, MO 65536;
fax: 417-532-8252;
email: yramy@webound.com
telephone 1-800-698-9196 or:
visit NOVA’s website at www.trynova.org

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Citations

¹ Joan Pertersilia, Ph.D., When Justice Sleeps: Violence and Abuse Against the Developmentally Disabled, UC Irvine:UC Irvine School of Social Ecology, 1999.
² Valenti-Hein, D. & Schwartz, L. (1995), The Sexual Abuse Interview for Those with Developmental Disabilities. California: James Stanfield Company.
³ Sobsey, Dick (1994). Violence and Abuse in the Lives of People with Disabilities The End of Silent Acceptance? Maryland: Paul H. Brookes Publishing Company.
⁴ Jacobson, A., & Richardson, B. (1987). Assault experiences of 100 psychiatric inpatients: Evidence for the need for routine inquiry. American Journal of Psychiatry, 144(7), 908-913.
⁵ Nosek, M. & Howland, C. (1998). In Brief: Abuse and Women with Disabilities. VAWnet Applied Research Forum, National Electronic Network on Violence against Women.

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Sample Memorandum of Understanding (MOU) PDF