reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Abuse or Neglect in an Institutional Setting › Section 4.46 - Testimony by Department Employees

Current through Register 1525, July 5, 2024
Department employees shall be made available to testify at
				  administrative hearings held by EEC, DESE, DMH, DDS, DPH, or DYS in connection
				  with matters reported by the Department to any of said departments or office
				  pursuant to
				  110 CMR
				  4.00.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Abuse or Neglect in an Institutional Setting › Section 4.47 - Follow-Up Actions

Current through Register 1525, July 5, 2024
After the Department has provided a copy of the 51A/51B
				  report to any department or office pursuant to
				  110 CMR
				  4.00, the department or office in question will be
				  responsible for any further action to insure that adequate steps have been or
				  will be taken to prevent reoccurrence of incidents of abuse and/or neglect of
				  children in the institution in question. The Department will maintain the
				  responsibility for monitoring the quality of services for any children who are
				  in the care or custody of the Department and who are placed by the Department
				  at the institution in question.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Abuse or Neglect in an Institutional Setting › Section 4.48 - Information Requests from Day Care Facilities, Schools, and Other Child Care Facilities

Current through Register 1525, July 5, 2024
Each determination by the Department to "support" or
				  "unsupport" a report of abuse or neglect in an institutional setting shall be
				  communicated to the director or owner of the institution in question, in a form
				  letter established for use by the Department. See,
				  110 CMR
				  4.32.
If a request for copies of a 51A/51B report, pursuant to
				  M.G.L. c. 119, § 51E, is made to the Department by any owner or operator
				  or director of a day care facility, or any superintendent or director of a
				  public or private school, or any director of any other child care facility
				  (such as group care facilities, etc.) said owner or operator or director of a
				  day care facility or superintendent or director of a public or private school
				  or director of any other child care facility may, subject to the approval of
				  the Commissioner or his/her designee, receive a copy of the 51A/51B report
				  regardless of whether the report has been "supported" or "unsupported", if said
				  report contains an allegation that an incident of abuse or neglect occurred on
				  the premises of the day care facility, school, or other child care facility.
				  However, before copies of the reports are released, the name of the reporter
				  shall be redacted. See,
				  110 CMR
				  12.08.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Reporting to the District Attorney and Law Enforcement › Section 4.50 - Working with the District Attorney and Law Enforcement

Current through Register 1525, July 5, 2024
(1) M.G.L. c. 119, § 51B(k) requires
				that the Department notify and provide information to the appropriate District
				Attorney and local law enforcement concerning certain enumerated conditions
				caused by child abuse or neglect, or if the child may be a victim of human
				trafficking or sexual exploitation. The Department may, on a discretionary
				basis, notify the District Attorney or local law enforcement concerning other
				possible criminal conduct.
(2) The
				Department encourages and supports coordination of responses among the
				Department, law enforcement and prosecutors in cases referred to the District
				Attorney or law enforcement to minimize the impact investigation activity on a
				child(ren) who is a victim of child abuse or neglect and to reduce the risk of
				loss or destruction of evidence.
(a) The
				Department supports the use of Multi-Disciplinary Services Teams (MDSTs) in its
				response to allegations of sexual abuse, sexual exploitation, human trafficking
				and serious physical abuse or death as a result of abuse or neglect.
(b) The Department may enter into a
				Memorandum of Understanding with any law enforcement agency, or with the local
				District Attorney's Office for the purpose of developing working protocols to
				coordinate its response in conjunction with law enforcement investigation or in
				conjunction with cases referred to the District Attorney's
				Office.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Reporting to the District Attorney and Law Enforcement › Section 4.51 - Mandatory Reporting to the District Attorney

Current through Register 1525, July 5, 2024
(1) The Department shall immediately notify
				the District Attorney and local law enforcement when evidence during the
				screening process the 51B response, indicates that there is reasonable cause to
				believe that one of the conditions listed in M.G.L. c. 119, § 51B(k) or
				below has occurred as a result of abuse or neglect.
(a) A child has died;
(b) A child has suffered brain damage, loss
				or substantial impairment of a bodily function or organ, or substantial
				disfigurement;
(c) A child has been
				sexually assaulted, which includes crimes under M.G.L. c. 265, §§
				13B, 13B.5, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B and M.G.L. c. 272,
				§ 35A.
(d) A child has been
				sexually exploited, which includes crimes under M.G.L. c. 272, §§ 4A,
				4B and 29A or is a victim of human trafficking;
(e) A child has suffered serious physical
				abuse or sexual abuse or an injury that includes, but is not limited to:
1. A fracture of any bone, severe burn,
				impairment of any organ, or any other serious injury;
2. An injury requiring the child to be placed
				on life support systems;
3. Any
				other disclosure of physical abuse involving physical evidence which may be
				destroyed;
4. Any current
				disclosure by the child of sexual assault; or
5. The presence of physical evidence of
				sexual assault.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Reporting to the District Attorney and Law Enforcement › Section 4.52 - Discretionary Reporting to the District Attorney

Current through Register 1525, July 5, 2024
(1) The Department may refer other 51A
				reports or Information to the District Attorney and local law enforcement, if
				such matters involve serious criminal conduct that may impact the safety and
				well-being of children including, but not limited, to cases of abuse or neglect
				resulting in conditions other than those listed
				110
				CMR 4.51(3), or pose a
				serious threat to public safety generally.
(2) Discretionary referrals must be approved
				by the Area Director or the SIU Director, and may be made at any point in the
				Department's involvement with a family as soon as the Department becomes aware
				of information warranting referral.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Reporting to the District Attorney and Law Enforcement › Section 4.53 - Procedures

Current through Register 1525, July 5, 2024
(1) After making a mandatory or discretionary
				referral to a District Attorney, the Department may provide documentation or
				discuss information obtained by the Department in connection with the 51A
				report or 51B response with the District Attorney
(a) Upon request from the District Attorney,
				the Department shall release additional documents from the Department's files
				to the District Attorney, if the Commissioner or designee determines that:
1. The requested documents are directly
				relevant to the investigation or prosecution of the matter referred to the
				District Attorney; and
2. Release
				would not be contrary to the best interests of the child(ren) in
				question.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Reporting to the District Attorney and Law Enforcement › Section 4.54 - Multi-Disciplinary Service Team (MDST)

Current through Register 1525, July 5, 2024
(1) Where a 51A
				report is referred to the District Attorney pursuant to
				110
				CMR 4.51 and
				4.52, the Area Director and
				the District Attorney shall determine whether a review by a MDST would be
				beneficial.
(a) A MDST shall include the
				currently assigned Department employee, the Department supervisor (if
				requested), a representative of the District Attorney, and at least one other
				member who is not employed by either the Department or the District Attorney.
				The independent team member shall be appointed by the Area Director, shall have
				experience and training in the field of child welfare or criminal justice, and
				shall otherwise meet the guidelines established by the Department.
(b) If the referral involves a victim of
				sexual exploitation or human trafficking, the MDST may also include a
				professional trained or otherwise experienced or qualified to assess the needs
				of sexually exploited children or human trafficking victims including, but not
				limited to, a police officer or designee of the police chief, a social services
				provider, a medical professional, or a mental health
				professional.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for CRA Application › Section 4.60 - Scope 110 CMR 4.60 through 4.66

Current through Register 1525, July 5, 2024
110 CMR 4.60 through
				  4.66 sets forth the
				  Department's responsibilities to children and their families under the Children
				  Requiring Assistance (CRA) statute found at M.G.L. c. 119, § 39E through
				  39I.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for CRA Application › Section 4.61 - General Provisions

Current through Register 1525, July 5, 2024
(1) After an
				application for a case is filed, the Department's involvement with the child
				who is the subject of the CRA begins due to any of the following:
(a) Court referral;
(b) Court-ordered temporary custody of the
				child to the Department;
(c)
				Court-prescribed services; and
(d)
				Court-ordered custody of the child to the Department fillowing a fact-finding
				hearing.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for CRA Application › Section 4.62 - Court Referral

Current through Register 1525, July 5, 2024
(1) Where a child,
				or the child and the child's parent(s), apply for Department services, as a
				result of a court referral, the Department shall treat the application in the
				same manner as a voluntary application for services, (110 CMR
				4.01 through
				4.11). A court referral
				generally occurs when the probation officer instructs the child or the child's
				family to contact the Department and apply for services.
(2) If any child is referred to the
				Department for services under circumstances which indicate the child may be in
				need of care and protection, the Department shall hold a case conference
				determine if legal action is warranted, and thereafter the Department may
				initiate court proceedings under M.G.L. c. 119.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for CRA Application › Section 4.63 - Court-ordered Temporary Custody

Current through Register 1525, July 5, 2024
(1) If a court
				finds a child who is alleged to require assistance by reason of repeatedly
				refusing to obey the lawful and reasonable commands of a parent is not likely
				to appear at the fact finding hearing on the CRA petition, the court may
				release the child with terms and conditions to the custody of the parent(s) or
				may place the child in the temporary custody of the Department, only if, prior
				to granting temporary custody, the court makes the written certifications and
				determinations under M.G.L. c. 119, § 29C, that:
(a) it is contrary to the welfare of the
				child to be in the child's home; and
(b) that the Department made reasonable
				efforts to prevent removal from the home or the existing circumstances indicate
				that there is an immediate risk of harm or neglect that precludes the provision
				of preventative services as an alternative to removal.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for CRA Application › Section 4.64 - Court-prescribed Services, without Custody to Department

Current through Register 1525, July 5, 2024
(1) Where a child has been adjudicated in
				need of assistance, the court convenes a conference, which includes the child,
				the child's parent(s), the child's attorney, the probation officer, and other
				persons set forth in M.G.L. c. 119, § 39G, including a representative from
				the family resource center, if involved with the family, and staff from the
				Department. The purpose of the conference is to make recommendations to the
				court on the appropriate treatment and services for the child and
				family.
(2) The Department may
				provide any recommended available services if, the Department determines in its
				clinical judgment the services are appropriate for the child and/or the child's
				family.
(3) If the court orders the
				Department to provide specific services, treatment or placement, the Department
				shall notify its legal counsel. Until such time as the court's order is
				vacated, changed, or dismissed, the court's order shall be complied with, if
				the services are available and to the extent the Department is reasonably able
				to comply.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for CRA Application › Section 4.65 - Court-ordered Custody to Department Post Fact-finding Hearing

Current through Register 1525, July 5, 2024
(1) After a fact-finding hearing on a CRA
				petition, a child may be adjudicated to be in need of assistance. Pursuant to
				M.G.L. c. 119, § 39G, the court, after considering the physical and
				emotional welfare of the child, may place the child in the custody of the
				Department. Such dispositional order shall not exceed 120 days. The court may
				extend placement following a hearing for an additional 90 days each. The court
				may extend placement no more than three times for a total custody time not to
				exceed 390 days.
(2) Following a
				fact-finding hearing on a CRA petition, if the court finds that the child
				requires assistance and makes a dispositional order placing a child in the
				custody of the Department pursuant to M.G.L. c. 119, §39G, the child shall
				be considered to be in the temporary custody of the Department.
(3) The Department shall determine the
				placement of the child, which may include the home of the child's parent(s),
				unless substitute care would better serve the child's interests. The Department
				may not refuse an out-of-home placement if recommended by the court as long as
				the court has made the determinations required by M.G.L. c. 119, § 29C.
				However, the Department shall determine the type and length of such out-of-home
				placement. The Department shall also give consideration to a request by the
				child that they be placed outside the home of a parent or guardian when there
				is a history of abuse and neglect in the home of the parent or
				guardian.
(4) If the court orders
				the Department to provide specific services, treatment or placement, the
				Department shall notify its legal counsel. Until such time as the court's order
				if vacated, changed or dismissed, the court's order shall be complied with, if
				the services are available and to the extent the Department is reasonably able
				to comply.
(5) Where a child has
				been placed in the custody of the Department after a CRA adjudication, the
				Department shall complete or update a family assessment and action plan in
				accordance with
				110 CMR
				5.00:
Assessment,
as
				applicable.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for CRA Application › Section 4.66 - Department Employees at CRA Court Proceedings

Current through Register 1525, July 5, 2024
Members of the Department's social work staff may attend all
				  CRA court proceedings if informally requested to do so by a Court, but must
				  attend the CRA court proceedings if formally subpoenaed. Members of the
				  Department's legal staff shall attend CRA court proceedings, where an Area or
				  Regional Director has requested counsel to attend.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for CRA Application › Section 4.67 - Department Employees at CHINS Court Proceedings

Current through Register 1525, July 5, 2024
Members of the Department's social work staff may attend all
				  CHINS court proceedings if informally requested to do so by a Court, or if
				  formally subpoenaed. Members of the Department's legal staff shall attend
				  pre-adjudication CHINS court proceedings, in those cases where a request is
				  made by an Area or Regional Director.
Commentary
Traditionally, Department attorneys have not appeared at any
				  pre-adjudication CHINS court proceedings because technically the Department is
				  not a party to such actions. However, recognizing that some pre-adjudication
				  CHINS matters present difficult or complex legal problems for the social work
				  staff, the Department will make members of the legal staff available on an
				  as-needed basis.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Single Service Cases › Section 4.70 - Eligibility for Single Service Cases

Current through Register 1525, July 5, 2024
A family receives a single service when the family is
				  assessed to need only one service purchased in whole or in part by the
				  Department. A single service is provided when, in the judgment of the
				  Department, the service is needed to maintain or support the family, and
				  comprehensive case management is not needed.
Limitation upon hours of service and duration of service are
				  set forth in each service-specific chapter of 110 CMR.
Any person located within the Commonwealth may request social
				  services from the Department. Persons requesting social services must complete
				  a written application form. Persons needing assistance in completing the
				  written application form shall be furnished with assistance by the
				  Department.
Commentary
The Department frequently receives requests for services from
				  persons who, while physically located within the Commonwealth, might be
				  classified as "transients" or "temporary residents". Examples include families
				  who have stopped in Massachusetts while moving from Florida to Maine and who
				  are living with relatives, families who are temporarily residing at the Ronald
				  McDonald House while their child receives specialized care at Children's
				  Hospital, etc. The Department will not exclude such families from eligibility
				  for Department services on the basis of these residency characterizations.
				  Instead, the Department will accept applications from any person who has a bona
				  fide physical location within Massachusetts, and the Department will thereafter
				  proceed to review and assess the application in accordance with 110 CMR 4.70
				  through
				  4.76.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Single Service Cases › Section 4.71 - Case Management

Current through Register 1525, July 5, 2024
Requests for a single service, and case management of single
				  service cases, shall be in accordance with the applicable chapters of
				  110 CMR
				  4.00, including:
				  110 CMR
				  4.00: Intake;
				  110 CMR
				  5.00: Assessment;
				  110
				  CMR 6.00: Service Plans and Case Reviews; and 110 CMR
				  7.000: Services.
In particular, the need for single service provision shall be
				  reviewed every six months, in conjunction with review of the service
				  plan.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Single Service Cases › Section 4.72 - Application Information Required

Current through Register 1525, July 5, 2024
Any client seeking a single service shall be required to
				  provide sufficient information to allow the Department to assess the
				  applicant's need and eligibility for a single service. In addition, an
				  individual applying for a single service may be required to provide such
				  authorization(s) for collateral contacts as are necessary for the Department to
				  verify or assess the individual's need for a single service.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Single Service Cases › Section 4.73 - Limited Assessment for Single Service Cases

Current through Register 1525, July 5, 2024
Single service cases shall require a limited assessment only.
				  See,
				  110 CMR
				  5.00 (Assessment). The limited assessment shall
				  determine the applicant's need for the single service and whether the service
				  is appropriate.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Single Service Cases › Section 4.74 - Delivery of Service

Current through Register 1525, July 5, 2024
After completion of the limited assessment, if the applicant
				  is determined to need the single service and if the single service is
				  determined to be appropriate, the Department shall provide the single service,
				  or authorize provision of the single service, within ten working days of
				  completion of the limited assessment. If no Department (or provider) service
				  resources are currently available, the applicant shall be placed on a waiting
				  list.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Single Service Cases › Section 4.76 - Denial. Reduction, or Termination of Services

Current through Register 1525, July 5, 2024
Any client aggrieved by the denial, reduction, or termination
				  of a single service may request a fair hearing on the matter pursuant to
				  110
				  CMR 10.00 et seq.
All Department clients who receive a single service (such as
				  chore, homemaker, respite, etc.) shall, upon attaining 60 years of age, be
				  transferred to the Department of Elder Affairs. The transfer of a client's
				  case, at 60 years of age, to the Department of Elder Affairs is not
				  appealable.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 5.00 - Assessment › Section 5.01 - Introduction

Current through Register 1525, July 5, 2024
(1) Assessment is the process of gathering
			 and evaluating information regarding a family or individual's situation, in
			 order to determine:
(a) whether services are
			 necessary,
(b) which services would
			 be appropriate, and
(c) who could
			 best provide the needed services.
(d) the desired outcome(s)/behavioral changes
			 to be achieved.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 5.00 - Assessment › Section 5.02 - When Required

Current through Register 1525, July 5, 2024
An assessment of a family's or individual's needs for services
				must be completed for each new case. For cases which were previously assessed,
				closed, and are re-opened, a new assessment is not required. However, an update
				of the assessment, in particular a current evaluation of family functioning,
				must be completed.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 5.00 - Assessment › Section 5.03 - When Completed

Current through Register 1525, July 5, 2024
A
full
assessment must be completed within 45
				working days after the initial contact event/case opening (i.e., the date of a
				supported investigation, Voluntary Application, or referral from a court) and
				includes evaluations of risk to children based on factors identified in the
				Department's Risk Factor Matrix.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 5.00 - Assessment › Section 5.05 - Administrative Review

Current through Register 1525, July 5, 2024
(1) Supported
			 decisions in new cases, made by the Department on or after December 1, 1988,
			 will be automatically reviewed following the Department's assessment, by
			 Administrative Review.
(2) Each
			 Administrative Review will consider all information gathered during assessment,
			 as well as the original information gathered during investigation which formed
			 the basis of the "supported" decision. The purpose of each Administrative
			 Review is to determine whether the "supported" decision should be changed to
			 "unsupported", because:
(a) based on
			 information available during the investigation, the decision at the time it was
			 made was not in accordance with 110 CMR or policies, or was not reasonable;
			 or
(b) based upon new information
			 not available during the investigation, the decision is not in accordance with
			 110 CMR or policies, or is not reasonable.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 6.00 - Service Plans And Case Reviews › Section 6.01 - Foster Care Review and Permanency Hearing - Generally

Current through Register 1525, July 5, 2024
(1)
Foster Care
			 Review
. A Foster Care Review (FCR) is a review, conducted by a
			 panel under the auspices of the Department's independent Foster Care Review
			 Unit (FCRU) established under M.G.L. c. 18B, § 6A, of the action plan and
			 progress toward permanency and the safety and well-being of a child or young
			 adult.
(a) who is either:
1. committed by a court to the custody of the
			 Department or an agent of the Department;
2. in the custody of the Department
via
an adoption surrender, executed in conformance with M.G.L.
			 c. 210, §2;
3. in the
			 voluntary care of the Department pursuant to a Voluntary Placement Agreement or
			 a petition under M.G.L. c. 119, § 23(a)(1); and
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 6.00 - Service Plans And Case Reviews › Section 6.03 - Permanency Hearing

Current through Register 1525, July 5, 2024
A Permanency Hearing is a review conducted by a court of
				competent jurisdiction under M.G.L. c. 119, § 29B, of a child or young
				adult younger than 22 years old in substitute care. The Department shall
				participate in a permanency hearing to determine a child's or young adult's
				permanency plan within 12 months of an initial order of commitment, or grant of
				custody to the Department, and every 12 months thereafter as long as the child
				or young adult remains in substitute care. If a child or young adult has
				entered substitute care through a voluntary placement agreement as set forth in
				110 CMR
				4.10 through
				4.14,
				the permanency hearing will be held within 12 months of the child or young
				adult entering placement or within 60 days of the Department obtaining court
				custody, whichever is later. For children who remain in the Department's
				custody after they are placed home, a permanency hearing will be conducted if
				at the time the review is scheduled the child has been home for less than six
				months.
The process utilized for a permanency hearing shall be in
				accordance with Trial Court Rule VI Uniform Rules for Permanency Hearings. The
				Department shall file with the court which committed the child to the
				Department's custody a permanency report prior to the permanency hearing date,
				and shall send a copy of the report to the attorneys of record, or to a party
				who is unrepresented. The outcome of the Department's FCR and Permanency
				Planning Conference is included in the permanency report. If a parent has
				signed an adoption surrender, or if a parent's parental rights have been
				terminated by a court of law, the parent or his or her counsel will not be sent
				a copy of the permanency report.
The Department shall notify the child's current
				foster/pre-adoptive parent of the date of the permanency hearing. The current
				foster/pre-adoptive parent has the right to be heard at the permanency
				hearing.
At the permanency hearing the court shall determine the
				permanent plan for the child. In making such determination the court shall
				consult with the child, in an age-appropriate manner, about the proposed
				permanency plan for the child. Such consultation may be through a report by the
				Department social worker, the child's attorney or a guardian
ad
				litem
whose has discussed with the child the proposed permanent plan.
				A child 14 years of age or older may attend the permanency hearing review. The
				Department shall use reasonable efforts to achieve the permanency plan
				determined by the court. The Department may concurrently use reasonable efforts
				to achieve an alternative permanent plan if the permanent plan determined by
				the court is reunification with the family and the permanency plan established
				through the Department's permanency planning conference is other than
				reunification.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Purchase of Services › Section 7.001 - Introduction to Purchase of Services

Current through Register 1525, July 5, 2024
The Department provides services in two basic ways: through
				  its own direct service staff and from a wide variety of private social service
				  providers. The Department purchases a wide array of social services. Most of
				  these services are purchased only for the referral of Department clients, but
				  several are open to any eligible citizen of the Commonwealth without direct
				  Departmental contact.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Purchase of Services › Section 7.002 - Providers - Procedures for the Purchase of Services

Current through Register 1525, July 5, 2024
(1) The purchase of services by the
				Department is governed by the Regulations of the Executive Office of
				Administration and Finance at 801 CMR 25.00:
Procurement Procedures
				Governing the Purchase of Social and Rehabilitative Services
and
				801 CMR
				4.00
Service Contract Regulations
and
				any administrative bulletin(s) issued in connection thereto.
(2) All written contracts between the
				Department and any provider shall include and incorporate the General
				Conditions, as required by the Executive Office of Human Services, for the
				fiscal year in which the services are to be provided.
(3) All written contracts between the
				Department and any provider shall obligate the provider to comply with all of
				110 CMR, service delivery standards, and policies. This requirement shall
				expressly include, but is not limited to, observance by the provider of the
				requirements for special provisions relating to linguistic and cultural
				minorities (
see
110
				CMR 1.06 ), for Native Americans
				(
see
110 CMR
				1.07 ), handicapped clients
				(
see
110 CMR
				1.08 ), and nondiscrimination
				(
see
110 CMR
				1.09 ). Failure to conform to such
				obligations shall be grounds for terminating any provider's contract.
(4) All purchases of services by the
				Department are subject to the proposal review of the Department's area boards
				as mandated by M.G.L. c. 18B, § 15, and of the local councils for children
				recognized by the Office for Children, as mandated by M.G.L. c. 28A, §
				7.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Purchase of Services › Section 7.003 - Providers - Delivery of Services

Current through Register 1525, July 5, 2024
(1) Every
				provider shall deliver services in conformance with the provisions of the
				contract.
(2) Every provider shall
				utilize the eligibility criteria as set forth in the contract or the
				Department's regulations in determining whether an applicant is eligible for
				the services enumerated in the provider's contract with the
				Department.
(3) No provider shall
				require a recipient of services to sign any agreement which purports to limit
				the provider's liability with respect to the provision of those
				services.
(4) The Department, in
				conformance with the provisions of the contract, may conduct periodic
				monitoring activities of the provider's programmatic and fiscal performance and
				status.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Purchase of Services › Section 7.005 - Public Private Partnership Program (PPPP)

Current through Register 1525, July 5, 2024
The Public Private Partnership Program (PPPP) is the program
				  established annually by the Legislature in the budget appropriation of the
				  Department, whereby the Department is authorized to purchase services from
				  providers jointly with entities known as "partners".
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Purchase of Services › Section 7.006 - PPPP - Eligible Partners

Current through Register 1525, July 5, 2024
(1) The following
				entities are eligible to participate as partners:
(a) Political subdivisions of the
				Commonwealth (including but not limited to, cities, towns, counties, boards,
				commissions, school districts, and housing authorities).
(b) Not-for-profit organizations whose
				purposes are among those listed in Sections 501(c)(3), 501(c)(4), and 502(c)(6)
				of the Internal Revenue Code, and who are incorporated under state law as
				not-for-profit corporations (including but not limited to corporations,
				foundations, trusts and federated fund-raising organizations).
(c) For-profit organizations (including but
				not limited to corporations, partnerships, trusts, and sole
				proprietorships).
(d) Providers
				already participating in the Public Private Partnership Program (PPPP) or
				potential providers submitting proposals for funding under this
				program.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Purchase of Services › Section 7.007 - PPPP - Administration

Current through Register 1525, July 5, 2024
(1) The
				Commissioner shall appoint an advisory committee which may make recommendations
				on issues such as the services to be eligible for funding under this program,
				the priorities for services to be provided, the target populations to be served
				through the program, and composition of the partner share.
(2) The Department retains final authority to
				determine priorities and eligible services.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Purchase of Services › Section 7.008 - PPPP - Procurement Procedures

Current through Register 1525, July 5, 2024
(1) All
				procurements under the PPPP shall be subject to the requirements set forth in
				110 CMR
				7.001 through
				7.009.
(2) Potential providers seeking to procure a
				contract with the Department funded through this program shall obtain and
				complete an "Expression of Intent to Participate" form from a potential
				partner, unless the potential provider has already obtained a Partner
				Commitment as described in 110 CMR 7.008(3).
(3) The Expression of Intent to Participate
				form shall be in writing and shall include, at a minimum:
(a) the total proposed amount to be
				contributed by the partner;
(b) the
				period (date from and date to) for which the services will be
				provided;
(c) the signature of an
				officer of the partner organization authorized to express such intent;
				and
(d) the date of the written
				statement and date of expiration of the intent to participate, if
				any.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Purchase of Services › Section 7.009 - PPPP - The Partner Commitment

Current through Register 1525, July 5, 2024
(1) Once a
				provider has been selected by the Department, the provider shall be responsible
				for submitting, or causing the partner to submit, to the Department, a written
				commitment from the partner to provide the partner's share.
(2) The Partner Commitment may be in the form
				of a contract, note, letter or other document and shall contain, at a minimum:
(a) the dollar amount to be contributed by
				the partner;
(b) the period (date
				from and date to) for which the services will be provided;
(c) a schedule of installments and amount of
				each installment;
(d) the name and
				address of the provider intended to be the recipient of the funds;
(e) the full name and business address of the
				partner and the name and title of the person signing the commitment;
				and
(f) the signature of an officer
				of the partner confirming the Commitment.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Services of Other Agencies › Section 7.010 - Services of Other Agencies

Current through Register 1525, July 5, 2024
(1) When
				appropriate or necessary, the Department may make referrals to, or provide
				services in conjunction with, local education agencies (LEAs), the Department
				of Elementary and Secondary Education, the Department of Early Education and
				Care, and/or other agencies within the Executive Office of Human Services such
				as: the Department of Mental Health, Department of Public Welfare, Department
				of Youth Services, Department of Public Health, Commission for the Blind,
				Massachusetts Rehabilitation Commission.
(2) Referrals to other agencies will be made
				if a service requested or needed by an individual or family is not provided by
				the Department, or if the service requested or needed is within the mandate of
				another agency or Department of the Commonwealth.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Services of Other Agencies › Section 7.011 - Interagency Childrens' Services Team

Current through Register 1525, July 5, 2024
(1)
				Whenever a dispute arises between or among the Department and another agency or
				department as to which agency or department is responsible for the appropriate
				provision of services, the matter shall be referred to the Office for Children
				(OFC) for resolution by the interagency childrens' services team, pursuant to
				M.G.L. c. 28A, § 6A, for resolution.
(2) In any case where such a dispute has
				arisen between or among agencies or departments, the Department shall inform
				any client seeking services from the Department of the procedures for referring
				the case to the interagency children's service team.
(3) Referral of a case to the interagency
				children's service team shall not preclude the Department from providing
				immediate placement, or services, to the child in question, when the child is
				determined by the Department to be at risk of suffering abuse or
				neglect.
(4) Referral of a case to
				the interagency children's service team shall not preclude any client from
				exercising any other rights he or she may have to either a fair hearing or a
				grievance consistent with
				110
				CMR 10.00.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Services of Other Agencies › Section 7.012 - Interagency Agreements

Current through Register 1525, July 5, 2024
At the direction of the Commissioner, the Department may
				  enter into written agreements with other departments or agencies, concerning
				  matters of mutual interest. Such agreements shall be signed by the Commissioner
				  on behalf of the Department.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Homemaker Services › Section 7.020 - Introduction to Homemaker Services

Current through Register 1525, July 5, 2024
Homemakers provide support, assistance and training to
				  families in the activities of daily functioning. Homemakers provide a
				  monitoring and teaching function within a family. Homemakers help care for
				  children, act as a role model for parents, assist in family budgeting,
				  etc.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Homemaker Services › Section 7.021 - Eligibility

Current through Register 1525, July 5, 2024
In order to be eligible for homemaker services paid for in
				  whole or in part by the Department, there must be an assessed need for
				  homemaker services. The Department will assess a need for homemaker services
				  when:
(1)
Emergency
				Services
: During a period of temporary crisis or injury to the
				parent or primary caretaker, if a caretaker is needed to maintain children in
				their own home, homemaker services may be authorized.
(2)
Ongoing
				Services
: If in the judgment of the Department homemaker services
				are necessary to assist the parent in meeting the goals of the service plan,
				homemaker services may be authorized. Such needs may include:
(a) assisting the parents in home management
				skills;
(b) assisting and teaching
				the parents when the special needs of the child(ren) in the home so require, in
				order to meet the child's needs; or
(c) assisting the family in ensuring that
				abuse and neglect are not occurring in the home.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Homemaker Services › Section 7.022 - Limitation

Current through Register 1525, July 5, 2024
(1)
Emergency
				Services
: Emergency homemaker services may be authorized for a
				maximum of 24 hours per day, for a maximum of 30 consecutive days.
(2)
Ongoing
				Services
: Ongoing homemaker services may be provided for a maximum
				of six months at a maximum rate of ten hours per week. Homemaker services will
				be reviewed during each case review, and a six month extension may be
				authorized. If homemaker services are to be provided for a period longer than
				one year, or for a maximum rate of more than ten hours per week, such services
				must be authorized in writing by the Area Director or his/her designee. If
				homemaker services are to be provided for a period longer than two years, or
				for a maximum rate of more than 30 hours per week, such services must be
				authorized in writing by the Regional Director.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Homemaker Services › Section 7.023 - Application Information Required

Current through Register 1525, July 5, 2024
Any client seeking homemaker services shall be required to
				  provide sufficient information to allow the Department to assess the
				  applicant's need and eligibility for homemaker services. In addition, an
				  individual applying for homemaker services may be required to provide such
				  authorization(s) for collateral contacts as are necessary for the Department to
				  verify or assess the individual's need for homemaker
				  services.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Homemaker Services › Section 7.024 - Sliding Fee

Current through Register 1525, July 5, 2024
Homemaker services which are, in the judgement of the
				  Department, provided on a protective basis, shall not be subject to any sliding
				  fee requirement. All other homemaker services provided by the Department may be
				  subject to a sliding fee requirement.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Homemaker Services › Section 7.025 - Denial, Reduction, or Termination of Services

Current through Register 1525, July 5, 2024
Any client aggrieved by the denial, reduction, or termination
				  of homemaker services may request a fair hearing on the matter pursuant to
				  110
				  CMR 10.00
et seq
. However, the
				  transfer of a client's case, at 60 years of age, to the Department of Elder
				  Affairs is not appealable.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Family Support Services › Section 7.030 - Introduction to Family Support Services

Current through Register 1525, July 5, 2024
Family support services is a spectrum of services that
				  supports maintenance of the family unit, and enables adults or children to meet
				  the goals of a service plan. Family support services include active home
				  management (
e.g
. chore services) and the purchase of items or
				  services that provide social and developmental opportunities for a family or
				  for individual family members.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Family Support Services › Section 7.031 - Eligibility

Current through Register 1525, July 5, 2024
(1) Family support services are used to
				strengthen the family unit, and eliminate the need for placement of children
				into substitute care.
(2) Family
				support services may be approved for families who are receiving other
				Department services, and when, in the judgment of the Department, the family
				support services will strengthen the family unit and thereby eliminate the need
				for placement of children into substitute care.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Family Support Services › Section 7.032 - Limitation

Current through Register 1525, July 5, 2024
(1) Specific family support services to be
				provided, or items to be purchased, and the reasons therefor, shall be stated
				in the service plan.
(2) Family
				support services of active home management (
e.g.
chore
				services) may be provided for a maximum of six months at a maximum rate of ten
				hours per week. Family support services will be reviewed during each case
				review, and a six month extension may be authorized. If family support services
				are to be provided for a period longer than one year, or for a maximum rate of
				more than ten hours per week, such services must be authorized in writing by
				the Area Director or his/her designee. If family support services are to be
				provided for a period longer than two years, or for a maximum rate of more than
				30 hours per week, such services must be authorized in writing by the Regional
				Director.
(3) All Department
				clients who receive chore services as a single service (
see
110 CMR
				4.70 ) shall, upon attaining 60 years of age,
				be transferred to the Department of Elder Affairs.
(4) Any items to be purchased must be
				authorized in writing by the Area Director or his/her designee.