Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.501 - Interstate Placement Definitions

Current through Register 1525, July 5, 2024
As used in
				  110 CMR
				  7.500 through
				  7.523 only
				  the following terms shall have the following meanings:
Appropriate Authorities
as used in
				  M.G.L. c. 119, Appendix §§ 2 - 1 Article I(b) and Article V(a), and
				  "appropriate public authority" as used in Article III, mean the Compact
				  Administrator for Massachusetts when the child is to be placed in
				  Massachusetts.
Appropriate Officer or Agency
as
				  used in M.G.L. c. 119, Appendix, §§ 2 - 1 Article III(c) and
				  §§ 2 through 6, means the Compact Administrator for Massachusetts
				  when the child is to be placed from Massachusetts to another state.
Hospital
means an institution for
				  the acutely ill which discharges its patients when they are no longer acutely
				  ill, which does not provide or hold itself out as providing child care in
				  substitution for parental care or foster care, and in which a child is placed
				  for the primary purpose of treating an acute medical problem. Outpatient care
				  does not fall within this definition.
Institution
means a residential
				  setting where children are cared for on a 24-hour-a-day basis.
Institution Caring for the Mentally Ill or
				  Mentally Defective
means an institution which provides medical
				  care and treatment, psychiatric care and treatment, corrective, and therapeutic
				  or rehabilitative treatment, for mentally ill or mentally defective or retarded
				  persons. Such an institution is not altered in its character as an institution
				  for the mentally ill or mentally defective merely because it provides child
				  care services to these patients as part of a comprehensive regime of treatment.
				  Outpatient care does not fall within 110 CMR 7.501:
Institution
				  Caring for the Mentally Ill or Mentally Defective
.
Institution Primarily Educational in
				  Character
means an institution which operates one or more programs
				  that can be offered in satisfaction of compulsory school attendance laws, in
				  which the primary purpose of accepting children is to meet their educational
				  needs, and which:
(a) does not accept
				responsibility for children during the entire year; and
(b) does not provide or hold itself out as
				providing child care constituting foster care or similar nurture sufficient to
				substitute for parental supervision and control; and
(c) does not provide any other services to
				children, except for those customarily regarded as extra-curricular or
				co-curricular school activities, pupil support services, and those services
				necessary to make it possible for the children to be maintained on a
				residential basis in the aforementioned school program or programs.
Placement
means the arrangement for
				  the care of a child in a family or boarding home or in a child-caring agency or
				  institution but does not include any institution caring for the mentally ill,
				  mentally defective or epileptic or any institution primarily educational in
				  character, or any hospital or other medical facility.
Proper Authorities
as used in M.G.L.
				  c. 119, Appendix § 2 - 1 Article I(c) means the Compact Administrator for
				  Massachusetts when the child is to be placed from Massachusetts to another
				  state.
Receiving Agency
means any state; an
				  officer or employee of any state, or an officer or employee of any political
				  subdivision of any state; a court of any state; any person, corporation,
				  association, charitable agency or other entity which receives any child from
				  another state.
Receiving State
means the state to
				  which a child is sent, brought or caused to be sent or brought, whether by
				  public authorities or private persons or agencies, and whether for placement
				  with state or local public authorities or for placement with private agencies
				  or persons.
Sending Agency
means any state; an
				  officer or employee of any state, or an officer or employee of any political
				  subdivision of any state; a court of any state; any person, corporation,
				  association, charitable agency or other entity which sends, brings or causes to
				  be sent or to be brought any child to another state.
Sending State
means the state in
				  which the sending agency is located or resides, or the state from which the
				  sending agency sends the child.
Visit
means a stay of less than 30
				  days to provide the child with a social or cultural experience of short
				  duration, such as a stay in a camp or with a friend or relative who has not
				  assumed legal responsibility for providing child care services. A stay of more
				  than 30 days shall be considered a visit if it begins and ends within the
				  period of a child's vacation from school. A visit may not extend beyond 30 days
				  (or the duration of the school vacation period). A stay without an express or
				  implied termination date is a placement and not a visit.