reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.08 - Waiver

Current through Register 1525, July 5, 2024
A youth may waive the right to a revocation hearing. Such waiver shall be after consultation with an attorney, where one has been appointed or retained; however, nothing in 109 CMR 8.08 shall preclude a youth from declining to accept an offer of assistance of counsel. Where a youth chooses to waive his or her right to a revocation hearing, liberty is revoked provided the youth has endorsed his or her intent to waive in writing. In any case where a youth has waived a hearing, the Hearing Officer shall review the revocation documents to determine the adequacy of the grounds for revocation, as well as evaluate the effectiveness of the waiver prior to affirming the youth's revocation of conditional liberty. The disposition of a youth who has waived a hearing shall be subject to the provisions of 109 CMR 8.11.
In the event there is a question as to the continued validity of the waiver of a revocation hearing based on factors including, but not limited to, a change in the Department's requested disposition or the youth's reconsideration of the waiver, the Department shall promptly notify the attorney, if any, who counseled the youth regarding the waiver.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.09 - Revocation Hearing

Current through Register 1525, July 5, 2024
A hearing shall be conducted by a Hearing Officer within seven working days after the return of a youth from a Community Placement to a Secure Placement, unless the youth or the Department requests and is granted a continuance by the Hearing Officer. Continuances may only be granted where a youth has not received proper notice of the alleged violations and additional time is necessary for the youth to obtain or review relevant evidence. This hearing will follow procedural requirements including:
(a) Written notice of the allegations against the youth within one business day of the youth's return to custody;
(b) Disclosure of evidence against the youth two business days prior to the hearing, or where emergent events arise while the youth is awaiting hearing, as soon as reasonably practicable prior to the hearing;
(c) Notice of all witnesses one business day prior to the hearing;
(d) Opportunity to be heard by the Hearing Officer;
(e) Right to confront and cross-examine adverse witnesses;
(f) Access to counsel, either appointed by the Committee for Public Counsel Services or privately retained;
(g) Right to call witnesses on his or her own behalf;
(h) Receipt of the Hearing Officer's decision within two business days of the hearing; and
(i) Right to appeal the Hearing Officer's decision as outlined in 109 CMR 8.12. The rules of evidence used in judicial proceedings shall not apply.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.10 - Role of the Hearing Officer

Current through Register 1525, July 5, 2024
(1) The Hearing
			 Officer shall have the duty to conduct a hearing in a fair and impartial
			 manner.
(2) The Hearing Officer
			 shall consider all evidence presented, ensure an orderly presentation of the
			 evidence and reach a decision based upon the issues and evidence presented at
			 the hearing, and in accordance with the law.
(3) The Hearing Officer shall not engage in
ex parte
communication with any party to a hearing, either
			 prior to, during, or after the resolution of the case, or conduct an
			 independent investigation into any facts or circumstances.
(4) The Hearing Officer shall not be bound by
			 common law or statutory rules of evidence.
(5) The Hearing Officer may continue or
			 adjourn the hearing with or without the consent of the parties, if, in his or
			 her judgement, a fair and impartial hearing requires such a delay.
(6) The Hearing Officer is vested with all
			 the power and authority granted to the Department to revoke and modify any
			 previous order granting liberty subject to the appeal process and subject to
			 the statutory authority vested in the Commissioner.
(7) The Hearing Officer may weigh the
			 relevancy of all evidence offered and exclude irrelevant or repetitious
			 evidence.
(8) The Hearing Officer's
			 decision must be based upon a preponderance of the evidence offered.
(9) The Hearing Officer shall issue a written
			 decision no later than two business days after the hearing. This decision shall
			 set forth the evidence upon which it is based.
(10) Notwithstanding the provisions of 109
			 CMR 8.10, the Hearing Officer may take a case under advisement for any
			 reasonable length of time.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.11 - Disposition Options

Current through Register 1525, July 5, 2024
(1) Where a Hearing Officer finds, by a preponderance of the evidence, that a youth has violated his or her Conditional Liberty Agreement, the Officer shall order revocation of the youth's conditional liberty.
(2) Where a Hearing Officer finds that the evidence does not support a finding that the youth has violated his or her Conditional Liberty Agreement, the Officer shall order the youth released from a Secure Placement and returned to the District or Regional Office for further placement and/or planning.
(3) When Hearing Officer finds that a violation has been substantiated, the Hearing Officer may order any of the following:
(a) Immediate return of the youth to the community under continued supervision.
(b) Placement of the youth in a Secure Placement for a period of time between one and 120 days.
(c) Referral of the matter to the Regional Review Team for consideration of treatment longer than 120 days.
(d) Other reasonable alternatives in the best interest of the youth.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.12 - Appeals

Current through Register 1525, July 5, 2024
(1) Decisions by the Hearing Officer can be
			 appealed by the youth or the Department. If either party wishes to file an
			 appeal, they may do so, in writing, within seven days of receipt of the
			 decision to the Commissioner, or designee.
(2) The Commissioner, or designee, will
			 review the case record and render a decision within 14 calendar days of receipt
			 of the appeal.
(3) The
			 Commissioner, or designee, may grant an expedited review of a youth's appeal
			 upon request, where the request is timely filed and he or she determines that
			 the circumstances put forth to justify the request warrant such
			 review.
(4) In deciding an appeal,
			 the Commissioner or designee's review shall be confined to the submitted
			 appeal, any response by the non-moving party, and materials or evidence
			 submitted for consideration at the hearing. The Commissioner, or designee, will
			 review appeals to determine whether the Hearing Officer or RRT's decision was:
(a) Beyond the authority of the Hearing
			 Officer or RRT;
(b) Based on an
			 error of law or procedure;
(c)
			 Unsupported by the weight of the evidence; or
(d) Arbitrary and/or capricious.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.13 - Emergency Provision

Current through Register 1525, July 5, 2024
Notwithstanding the provisions of 109 CMR 8.00, the Commissioner may, for emergency reasons as defined in 109 CMR 8.03, order a youth to be placed or remain in a secure placement past his or her anticipated date of return to the community.
A youth facing placement or retention in a secure placement for emergency reasons shall be afforded the following:
(a) Prompt notice of the Emergency Provision request;
(b) Access to counsel where the request is to place or retain a youth in a secure placement beyond seven days; and
(c) Disclosure of and an opportunity to submit a written response to the information relied upon by the Department.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 9.00 - Discharge Of Youth Committed To The Department Of Youth Services › Section 9.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
109 CMR 9.00 establishes the criteria and requirements for discharging youth committed to the Department of Youth Services. The Department is committed to working toward long-term positive outcomes for the youth committed to its custody and considers discharge planning and the implementation of services necessary for youth to maintain gains made during commitment a critical component of its mission.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 9.00 - Discharge Of Youth Committed To The Department Of Youth Services › Section 9.02 - Applicability

Current through Register 1525, July 5, 2024
109 CMR 9.00 shall apply to all departmental personnel who are responsible for case management of youth committed to the Department of Youth Services.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 9.00 - Discharge Of Youth Committed To The Department Of Youth Services › Section 9.03 - Definitions

Current through Register 1525, July 5, 2024
Discretionary Discharge
. The termination of a youth's commitment to the Department of Youth Services following a decision by the Department that the youth meets the criteria established in 9.05 for discharge prior to his or her mandatory age for discharge.
Mandatory Discharge
. The termination of a youth's commitment to the Department of Youth Services because the youth has reached 18, 19, 20 or 21 years of age as dictated by M.G.L. c. 119, §§58 and 72.
Voluntary Services
. The services provided to a youth after the youth has attained the age of discharge. The services are provided pursuant to a voluntary agreement between the Department and the youth which is terminable by either the Department or the youth.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 9.00 - Discharge Of Youth Committed To The Department Of Youth Services › Section 9.04 - Procedures for Discharge

Current through Register 1525, July 5, 2024
(1) Each Regional Director shall ensure the cases of all youth under the jurisdiction of a Region are reviewed no less than monthly to determine each youth's eligibility for discharge under criteria established in 109 CMR 9.05.
(2) In any case where a discharge is mandatory, or the Regional Director believes discharge is appropriate, the Regional Director shall ensure that appropriate service planning has taken place prior to such discharge.
(3) The discharge of any youth who resides outside the Commonwealth of Massachusetts will be subject to approval under the Interstate Compact Regulations, M.G.L. c. 119:
Appendix.
(4) The Department shall offer to youth, prior to discharge, the option of participating in Voluntary Services as defined in 109 CMR 9.03.
(5) Any agreement between the Department and a youth for voluntary services shall be terminable by either the Department or the youth, upon notice by either of their intent to terminate services. Where the Department is seeking to terminate services, the Department must provide the youth with the opportunity to be heard regarding the termination of services before the services the youth has been receiving are terminated.
(6) The Department's offer of voluntary services shall remain open for 90 days, even where the youth may have initially declined services or has terminated voluntary services within the 90 day period.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 9.00 - Discharge Of Youth Committed To The Department Of Youth Services › Section 9.05 - Criteria for Discharge

Current through Register 1525, July 5, 2024
(1) A youth meeting any of the following criteria shall be discharged from commitment to the Department:
(a) Death of the juvenile;
(b) Revocation of such commitment by a court of competent jurisdiction;
(c) Expiration of commitment by reason of the youth's reaching 18, 19, or 20 years of age as dictated by M.G.L. c 119, §§ 58 and 72, or 21 years of age in the case of commitment as a youthful offender pursuant to M.G.L. c. 119, § 58.
(d) Enlistment of the youth in the Armed Forces.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 10.00 - Social Science Research by Outside Agencies or Persons › Section 10.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
109 CMR 10.00 establishes the rules governing research conducted by outside persons or agencies, within programs regarding youth detained by or committed to the Department.
(1) The Department supports research by qualified persons or agencies which will contribute to a better understanding of various aspects and activities of the Department and to understanding the causes and prevention of delinquency.
(2) The Department does not support and will not allow research to be conducted with youth detained by or committed to the Department that exposes research subjects to the possibility of physical, psychological, or other harm as a consequence of their participation in the study.
(3) The Department shall have a formal application process for any person seeking to complete science research within the Department's programs or regarding youth detained by or committed to the Department.
(4)
								109 CMR 10.00 shall not apply to requests for de-identified aggregate data or other information that would otherwise be considered a public record pursuant to M.G.L. c. 4, § 7(26).
(5) The Department shall publish a procedural handbook setting forth the requirements and expectations for researchers and their projects. This procedural handbook will be approved by the Commissioner and reviewed annually by the Department to ensure such procedures reflect best practices and the requirements set forth in 109 CMR 10.03.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 10.00 - Social Science Research by Outside Agencies or Persons › Section 10.02 - Applicability

Current through Register 1525, July 5, 2024
109 CMR 10.00 applies to all persons and/or entities that conduct research within or relating to the Department of Youth Services and the youth who are or who have been detained by or committed to the Department.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 10.00 - Social Science Research by Outside Agencies or Persons › Section 10.03 - Definitions

Current through Register 1525, July 5, 2024
Internal Review Board
. The board created by the Department to oversee and approve the direction and implementation of research by outside entities or persons.
Research
. Scientific, educational or other studies for a public purpose involving the use of interviews, questionnaires, and reviews of case records of youth who are or who have been detained by or committed to the Department.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 10.00 - Social Science Research by Outside Agencies or Persons › Section 10.04 - Application to Conduct Research

Current through Register 1525, July 5, 2024
Any individual(s) or agency wishing to conduct research involving youth detained by or committed to the Department shall provide the following information to the Internal Review Board (IRB).
(1) The name, address and telephone number of the principal researcher and of all research staff;
(2) An endorsement by a recognized research organization such as a university, private foundation, non-profit agency, consulting firm or public agency certifying that the research is for scientific, educational or other public purposes;
(3) A summary of the goals of the research, including how research requiring direct contact with youth will have demonstrable benefits for the youth involved with the Department or youth generally;
(4) A description of the research design, including procedures for data collection, procedures to protect the privacy of the youth and confidentiality of any Youth Records as defined in 109 CMR 3.03:
Definitions
to which the researcher may have access, details of any compensation to be paid to the youth;
(5) Written assurance the researcher assumes all financial liability for the expenses of carrying out the research;
(6) Written assurance the researcher will submit all research and findings to the Department's IRB for review prior to releasing any research or findings in any form, including but not limited to presentation, publication, news release or paper submission;
(7) Written assurance the researcher will include a written statement issued by the Department regarding the Department's disagreement with the research and/or its findings in any presentation, publication, news release or paper submission;
(8) Written assurance no files, documents or photos will be copied or removed from the premises where they are furnished to the researcher, unless prior written approval is obtained from the Department;
(9) Written assurance any evidence of improper care, child abuse, neglect, or any unanticipated problems involving risk to youth or others uncovered by the researcher will be reported immediately to the Department;
(10) Written assurance the researcher will provide written reports regarding the progress of the research and of any preliminary and final findings to the Department.
(11) Written assurance no publication will identify any youth by name or other recognizable characteristic.
(12) Written assurance the researcher shall promptly report to the IRB any proposed changes to the approved research activity and agrees that any such proposed changes to the approved research activity will not be initiated without IRB review and written approval.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 10.00 - Social Science Research by Outside Agencies or Persons › Section 10.05 - Conduct of Research

Current through Register 1525, July 5, 2024
(1) The principal investigator shall provide a clear and comprehensive explanation of the study to all potential subjects and obtain informed consent from all participants, including that of a legal guardian for any youth younger than 18 years old.
(2) All youth shall be informed that their participation in the research is purely voluntary and that participation or nonparticipation will not affect any of the terms of their detention or commitment.
(3) The Department reserves the right to terminate any research activity that jeopardizes the health, safety or welfare of any individual participant or program.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 10.00 - Social Science Research by Outside Agencies or Persons › Section 10.06 - Compensation of Subjects

Current through Register 1525, July 5, 2024
(1) No compensation, remuneration or payment of any kind shall be given to any youth in connection with a research study without the express written approval of the Department.
(2) No employee of the Department shall receive compensation, remuneration or payment of any kind from any research project conducted in accordance with 109 CMR 10.00.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.01 - Statement of Philosophy

Current through Register 1525, July 5, 2024
The policy of the Commonwealth of Massachusetts and therefore
				of the Department of Children and Families (Department) is to strengthen and
				encourage family life so that every family can care for and protect its
				children. To that end, the Department will make every reasonable effort to
				encourage and assist families to use all available resources to maintain the
				family unit intact. However: for so long as a family cannot or does not provide
				the necessary amount of care and protection for its children, the Department
				will intervene to protect the right of children to sound health and normal
				physical and mental development. These dual obligations -- to protect children
				and yet simultaneously to respect the right of families to be free from
				unwarranted state intervention -- present an inherently difficult balance to
				strike. Yet, this is precisely the Department's mandate. The effort to balance
				these two basic obligations, above all others, shall govern the Department's
				activities.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.02 - Principles of Service

Current through Register 1525, July 5, 2024
In delivering services to children and families the Department
				shall:
(1) seek to ensure the safety
			 of children;
(2) recognize that,
			 consistent with the need to ensure the safety of children, the family is the
			 best source of child rearing, and so require that state intervention into a
			 family unit be used only when it is clearly needed to protect a
			 child;
(3) reflect the
			 understanding that every child needs stability and permanency;
(4) recognize that substitute care is a
			 temporary solution, and require the Department and the parent(s) to direct
			 their efforts toward reunification of child(ren) and parent(s). As soon as it
			 is determined that reunification is not feasible, the Department shall take
			 swift action to implement another permanent plan, such as adoption or
			 guardianship.
The Department recognizes that it operates not in isolation but
				in partnership with families. The Department seeks to assist parents in meeting
				their parental responsibilities, among which are:
(5) to maintain meaningful contact with the
			 child(ren);
(6) to seek and utilize
			 appropriate services to assist family reunification;
(7) to make good faith efforts to participate
			 with the Department in developing and implementing a service plan;
(8) to maintain contact with the Department,
			 especially concerning any change of address;
(9) to pay reasonable sums toward the support
			 of the child(ren) within the limits of their ability to pay.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.03 - Goals for Children in Substitute Care

Current through Register 1525, July 5, 2024
When parents are unable to care for their children in their own
				homes the Department is obligated to provide substitute care. These children
				come to the Department either through a court order or through a parent's
				voluntary request for substitute care. In either case the Department's goal is
				to alleviate or mitigate the causes necessitating placement; or in those
				circumstances where a child is unable to return home, to provide the child with
				a permanent new home in a timely fashion.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.04 - Courteous and Prompt Service

Current through Register 1525, July 5, 2024
Each individual served by the Department shall receive
				courteous treatment at all times, and each such individual's personal dignity
				shall be respected. Services shall be provided as promptly as
				possible.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.06 - Special Provisions Relating to Linguistic and Cultural Minorities

Current through Register 1525, July 5, 2024
The Department recognizes the special concerns of linguistic
				and cultural minorities in the Commonwealth. The Department shall be responsive
				to issues of ethnic and cultural diversity by utilizing social workers who are
				attuned to ethnic and cultural values and traditions. The Department shall
				ensure that both the services it provides directly and those it provides
				through providers or contracts are culturally sensitive to the various minority
				groups in the client population. In addition, the Department shall make all
				reasonable efforts to ensure that communications with every client, whether
				written or oral, are made in a language, or in a manner, that the client can
				understand. This requirement shall be satisfied as follows:
(1) The Department shall ensure that its
			 social work activities are conducted by a social worker fluent in a language
			 understood by the client. If such a person is unavailable, then the Department
			 shall utilize an interpreter who can effectively communicate with the
			 client.
(2) Deaf persons for whom
			 American Sign Language is the primary language are rightly considered as a
			 special linguistic minority population, and the Department shall utilize
			 qualified oral or Sign Language interpreters who can effectively communicate
			 with a deaf client.
(3) The
			 Department shall ensure that any written communications from the Department to
			 a client are in a language or a manner of communication that is understood by
			 the client.
(4) Whenever a client
			 is unable to read in any language, communications shall be made
			 orally.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.07 - Special Provisions Relating to Native Americans

Current through Register 1525, July 5, 2024
(1) The Department recognizes the special
			 concerns of Native Americans in the Commonwealth. Accordingly, decisions
			 affecting Native Americans shall respect the unique values of Indian culture,
			 whether or not the Indian child or family in question is a member of an Indian
			 tribe as defined in 25 U.S.C. § 1903(8).
(2) The Department shall adhere to the
			 provisions of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.).
			 Where procedures or rights under Massachusetts law or regulation afford more
			 protection than U.S.C. § 1901 et seq., then the former procedures or
			 rights shall apply.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.08 - Special Provisions Relating to Handicapping Conditions

Current through Register 1525, July 5, 2024
The Department recognizes the special needs of handicapped
				clients. The Department shall make reasonable accommodations to ensure that its
				services, facilities, communications, and meetings are accessible to all
				handicapped persons. The Department shall make reasonable accommodations to
				clients who have impaired sensory (i.e. visual, auditory) skills, including but
				not limited to sign language, Braille, large print type, and TTD (telephonic
				telecommunication device). The Department shall be responsive to issues of
				handicapping conditions by utilizing social workers who are attuned to the
				special needs of handicapped persons.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.09 - Special Provisions Relating to Nondiscrimination

Current through Register 1525, July 5, 2024
(1) No applicant for or recipient of
			 Department services shall, on the ground of race, creed, color, religion, age,
			 ancestry, marital status, sex, sexual orientation, language, disability,
			 veteran status, or national origin, be excluded from participation in, be
			 denied the benefits of, or otherwise be subjected to discrimination in
			 connection with, any service, program, or activity administered or provided by
			 the Department.
(2)
								110 CMR 1.00 does not prohibit
			 the Department from recruiting foster parents or adoptive parents from groups
			 of persons of specific race, creed, color, religion, age, ancestry, marital
			 status, sex, language, or national origin to permit the pool of available
			 foster and pre-adoptive families to reflect the ethnic and racial diversity of
			 the children needing placement in substitute care.
(3) The Department shall not deny to any
			 person the opportunity to become an adoptive or foster parent, on the basis of
			 the race, creed, color, religion, age, ancestry, marital status, sex, sexual
			 orientation, language, disability, veteran status or national origin of the
			 person, or of the child, involved; or delay or deny the placement of a child
			 for adoption or into foster care, on the basis of the race, color or national
			 origin of the adoptive or foster parent, or the child, involved.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.10 - Special Provisions Relating to Incarcerated Parents

Current through Register 1525, July 5, 2024
The Department recognizes the special efforts required to
				prevent permanent or irremediable separation of children from their
				incarcerated parents. Therefore, the Department shall make all reasonable
				efforts to work in cooperation with incarcerated parents to promote a healthy
				relationship with their children, and to avoid permanent separation. The
				Department's efforts shall include regular visitation at the correctional
				facility, as well as the holding of case conferences and other consultations at
				the correctional facility.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.11 - Special Provisions Relating to Homeless Families

Current through Register 1525, July 5, 2024
In accordance with the Department's established policy of
				maintaining the integrity of families, the Department shall make all reasonable
				efforts to serve homeless families. Ensuring that families remain together
				whenever possible is a primary goal in serving the homeless. The Department's
				efforts on behalf of a homeless family shall include efforts to provide access
				to facilities which allow a family to feed, bathe, and care for their children,
				and which provide meals and a safe place to sleep for the adults and children.
				The Department confirms its commitment to provide comprehensive information and
				referral services for homeless families at the local area office level. Since
				many factors can cause or contribute to homelessness (including unemployment,
				substance abuse, domestic violence, inadequate income, inadequate shelter, and
				natural disasters) the Department also confirms its commitment to a
				multi-disciplinary and possibly multi-department approach to service delivery
				to a homeless family. Lastly, the Department affirms its policy that poverty or
				homelessness are not per se indicative of child abuse or neglect; and that
				children should never be removed from their parents and placed into substitute
				care on the sole basis of homelessness of a family.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.12 - Special Provisions Relating to Refugees/Unaccompanied Refugee Minors

Current through Register 1525, July 5, 2024
(1) The Department provides a range of social
			 services to refugee families, in conjunction with the services of other
			 departments (e.g. Transitional Assistance, Mental Health, etc.) and in
			 cooperation with the Governor's Advisory Council for Refugees and Immigrants
			 (GACRI) and the Massachusetts Office for Refugees and Immigrants (MORI). The
			 Department offers refugees the full range of services described in 110 CMR. For
			 services available to refugees beyond the social services offered by the
			 Department (e.g. food stamps, SSI, ESL training, etc.) more information is
			 available by contacting MORI directly, at 727-7888.
(2) The Department shall periodically offer
			 training to its social work staff on the cultural and ethnic issues of those
			 refugee populations which are statistically significant in
			 Massachusetts.
(3) The Department
			 operates an Unaccompanied Refugee Minors Program, which provides foster care
			 and case management services to Indochinese (Vietnamese, Cambodian and Laotian)
			 refugee children who arrive in Massachusetts unaccompanied by a parent or
			 immediate relative. In every case the parents of such children are either
			 deceased or of parts unknown. The intent of this program is to reunite such
			 children with a member or members of their family. Services are provided to
			 these minors by providers under contract with the Department. These providers
			 are required to have a demonstrated ability to respond to the cultural and
			 linguistic needs of the refugees they serve. The Unaccompanied Refugee Minors
			 program is fully funded by the federal government through the Office of Refugee
			 Resettlement. At present, a federal regulation requires that such children not
			 be freed for adoption by the states. A proposed amendment to the federal
			 regulation, to allow states to free such children for adoption, awaits
			 enactment. The Department will adhere to the federal regulation in
			 question.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.13 - Use of Commentaries

Current through Register 1525, July 5, 2024
Commentaries are used throughout 110 CMR to clarify certain
				issues, concepts, or problems; as well as to give concrete examples of typical
				situations. The commentaries are intended to be illustrative, but they are
				examples only, and should not be read more broadly than the specific facts
				presented, nor to apply to fact situations different than those specifically
				described.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.14 - Future Changes

Current through Register 1525, July 5, 2024
As 110 CMR go to press, several legislative, fiscal, or
				programmatic changes, which may be implemented over the next several months,
				are pending. As such changes are in fact implemented, 110 CMR will be revised,
				and substitute pages will be issued. In addition, several lists contained
				within 110 CMR (for example, list of antipsychotic drugs) will be revised as
				needed so that they continue to be up to date.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 1.00 - Principles And Responsibilities Of The Department Of Social Services › Section 1.15 - Severability

Current through Register 1525, July 5, 2024
If any regulation or section, sub-section, sentence, clause,
				phrase or portion thereof is found to be invalid by a court of competent
				jurisdiction for any reason, said portion shall be deemed a separate, distinct,
				and independent provision, and the validity of the other regulations shall not
				be affected.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 3.00 - Information And Referral Services › Section 3.01 - Introduction

Current through Register 1525, July 5, 2024
Information and referral services are services provided, upon
				request, to refer individuals with unmet social service needs to the most
				appropriate resource. Information and referral services include but are not
				limited to: evaluation of requests for social services; provision of
				information about the spectrum of service resources including Department
				services; referral of the person to one or more appropriate agency (s); and
				outreach services.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 3.00 - Information And Referral Services › Section 3.02 - How to Request Information and Referral Services

Current through Register 1525, July 5, 2024
Requests for information and referral services may be made in
				person, by telephone (telephone access shall be assured to deaf and hearing
				impaired persons through the Department's use of TTD (telephonic
				telecommunications device) equipment), in writing, or via the mail. A client
				may request information and referral services directly from the Department, or
				the client may be referred to the Department by an agency or community
				professional. A Department employee shall collect the following information on
				every request or referral for information and referral services:
(1) date of request/referral;
(2) type of request;
(3) Department action taken;
(4) such other information as may be
			 required.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 3.00 - Information And Referral Services › Section 3.03 - Eligibility for Information and Referral Services

Current through Register 1525, July 5, 2024
The Department shall provide information and referral services
				to all persons requesting such services. No other indication of need is
				required nor are there any eligibility requirements to be met prior to the
				delivery of this service.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 3.00 - Information And Referral Services › Section 3.05 - How Services Provided

Current through Register 1525, July 5, 2024
Information and referral services are provided either directly
				by the social work staff of the Department or the Department may purchase
				comprehensive information and referral services, to supplement the Department's
				information and referral system.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.01 - Voluntary Requests for Department Services

Current through Register 1525, July 5, 2024
(1) Any person located within the
				Commonwealth may request services from the Department.
				110
				CMR 4.01 through
				4.09 apply to requests for
				Department services.
(2) In order
				to request Department services, the person making the request must complete a
				written application form. The Department shall provide assistance to any person
				who needs assistance completing the written application form.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.02 - Preliminary Review of Application

Current through Register 1525, July 5, 2024
(1) When the
				Department receives a written application for services, the Department shall
				conduct a preliminary review of the application to determine:
(a) the nature of the service(s)
				requested,
(b) whether the
				Department provides the requested service(s), consistent with the Department's
				mandate as set forth in M.G.L. c 18B; and
(c) whether services are needed on an
				emergency basis.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.03 - Response Time after Preliminary Review of Applications for Department Services

Current through Register 1525, July 5, 2024
(1)
Non-emergency Requests for Department Services
If the
				Department determines services requested by an applicant are not needed on an
				emergency basis, the Department shall conduct a family assessment and action
				plan pursuant to
				110 CMR
				5.00:
Assessment.
(2)
Emergency Requests for
				Department Services
. If the Department determines an applicant
				needs Department services on an emergency basis, the Department shall provide
				or authorize services within seven days from receipt of the application;
				provided, however, such provision or authorization of services shall be made
				earlier if necessary to avoid serious and imminent risk to the health or safety
				of the applicant or a member of the applicant's family.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.04 - Determination of Eligibility to Receive Services

Current through Register 1525, July 5, 2024
For non-emergency requests for services, or emergency
				  requests for services after the emergency has been abated, the Department shall
				  determine an applicant's eligibility to receive services as part of the family
				  assessment process. The Department shall determine an applicant's eligibility
				  for services by considering whether the applicant needs the requested
				  service(s), and if the services will benefit the applicant.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.05 - Children in Substitute Care, Eligible for Benefits

Current through Register 1525, July 5, 2024
(1) When a child is placed in substitute care
				pursuant to a Voluntary Placement Agreement or due to court-ordered custody,
				the Department may apply for benefits on behalf of the child and to be
				designated as Representative Payee of such benefits. If the child is already
				receiving benefits prior to entering Department custody, the Department may
				apply to be designated as the child's Representative Payee.
(2) As Representative Payee, the Department
				may retain 90% of the child's benefits as reimbursement for the cost of the
				child's care. The Department may set aside 10 % of the child's benefits in a
				Personal Needs Account (PNA) to be used only for the child's personal needs.
				The PNA shall not exceed an aggregate amount of $2,000 (100% of the benefits
				may be used to reimburse the Department whenever the PNA reaches $2,000). The
				Department shall periodically review the amount of the uniform "personal needs
				allowance" for children who receive third-party benefits.
(3) A child shall be allowed, subject to
				approval by the Representative Payee, to spend from the PNA for personal needs,
				in addition to any uniform "personal needs allowance."
(4) When a child who has a PNA leaves
				placement, the Department shall reconcile the child's PNA account and sends any
				conserved funds and checks received after the placement ends to the Social
				Security Administration.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.06 - Voluntary Placement Agreement for Substitute Care

Current through Register 1525, July 5, 2024
(1)
Execution
. The
				Department may agree to provide substitute care for a child through a Voluntary
				Placement Agreement, upon the request of one or both parent(s) or parent
				substitute(s), or upon the request of a young adult or a mature Child, and when
				supported by an assessment of the needs of the child conducted by the
				Department.
(a)
Minor
				Child
. To finalize the voluntary placement for a minor child, the
				Department and one or both parent(s) of the minor child shall complete and sign
				the Department's standard Voluntary Placement Agreement form.
(b)
Young Adult
. To
				allow a young adult to continue in the Department's care after reaching 18
				years old or return to care after reaching 18 years old, the young Adult shall
				complete and sign a Voluntary Placement Agreement with the Department. The
				young adult signs the Voluntary Placement Agreement on their own
				behalf.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.07 - Department Decision-making Authority for Children in Substitute Care Pursuant to a Voluntary Placement Agreement

Current through Register 1525, July 5, 2024
In addition to the rights and duties enumerated in the
				  standard form Voluntary Placement Agreement, the Department shall also exercise
				  the following rights and duties as to any child in substitute care pursuant to
				  a Voluntary Placement Agreement.
(1)
Interviews of Children
. The Department's authority to
				allow a child in Department care pursuant to a Voluntary Placement Agreement to
				be interviewed is limited as follows in
				110
				CMR 4.07(1)(a) and (b).
				Interviews of a child conducted by social workers employed by the Department
				are exempt from this provision.
(a)
All Law Enforcement Officials
. The Department,
				Department foster or pre-adoptive parent(s) or other Department Providers
				caring for the child may not consent to having a child interviewed by a police
				officer or representative of the District Attorney's Office. The parent(s)
				retain the right to determine if their minor child will be available for an
				interview by a police officer or a representative of the District Attorney's
				Office.
(b) All Other Interview
				Requests: The Department, upon receipt of any other interview request, shall
				make all reasonable efforts to consult with the parent(s).
1. If contact with parent(s) is made, the
				Department shall honor the parent's(s') wishes.
2. If the Department is unable to contact the
				parent(s), the Department may not consent an interview of the child, unless
				there are special circumstances under which the interview would further the
				best interests of the child, in which case the Department may
				consent.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.08 - Voluntary Surrender of a Child for Adoption

Current through Register 1525, July 5, 2024
(1) Upon receipt of a request from a birth
				parent to accept the voluntary surrender of a child for adoption, the
				Department shall undertake the following actions prior to acceptance of the
				child for adoption:
(a) Explore alternatives
				to surrendering the child for adoption with the parent(s), including providing
				casework services to support the needs of the parent(s) and the
				child(ren).
(b) If casework
				services are accepted, the Department shall develop an Action Plan and provide
				the services set forth in the action plan.
(c) If casework services are declined, the
				social worker shall record the offer and declination of services in the
				electronic case record.
(d) Where
				one of the birth parents is not present, the social worker shall obtain
				information to assist in locating the absent parent, to explore possible
				placements for the child.
(e) The
				Department social worker shall collect and record in the electronic case record
				psycho-social and medical information about the child and the child's
				biological family.