Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 5.00 - Standards for the Licensure or Approval of Agencies Offering Child Placement and Adoption Services › Section 5.12 - Record Keeping Requirements

Current through Register 1525, July 5, 2024
(1)
General Record Keeping Requirements
.
(a) The licensee shall create and maintain
			 records for all expectant parents, parents, children, birth parents, foster
			 parents and adoptive parents, and foster and adoptive parent applicants, as
			 required by 606 CMR 5.12.
(b) The
			 licensee must maintain a log of all contacts with parents and expectant
			 parents, including the date of the call, the name of the caller and the purpose
			 of the call.
(c) The licensee shall
			 maintain a log of all post-adoption services requested or provided, in
			 accordance with 606 CMR 5.10(14). The log shall specify the name of the client,
			 the date and nature of the request and the services provided.
(d)
Legibility and Authentication
			 of Records
. All records shall be legible, dated and signed by the
			 individual making the entry.
(e)
			 All home study assessment reports shall be signed and dated by the social
			 worker who completes the assessment, and by the supervisor or second person who
			 reviews and approves the assessment.
(f)
Updating
			 Records
. The licensee shall continually update all information in
			 expectant parent's, parent's, children's, foster parent's and adoptive parent's
			 records. The licensee shall have a written policy describing its procedures for
			 updating any information provided by birth parents, foster parents, adoptees
			 and adoptive parents following the adoption decree. Such policy shall include a
			 statement that the licensee will encourage all parties to provide updated
			 information.
(g)
Coordination of Records
. The licensee shall have and
			 follow a written procedure to coordinate birth parents', children's, and
			 adoptive parents' records.
(h)
Confidentiality of Records
. Information contained in
			 children's, parent's, birth parent's, foster and adoptive parent's records
			 shall be privileged and confidential, provided, however that
1. the licensee shall make summaries of
			 children's progress reports available upon request to parents or guardians and
			 foster parents. Such summaries may be oral unless parents request such
			 summaries to be in writing. When reports and information are made available,
			 the licensee shall provide staff assistance in interpreting them to parents or
			 guardians and foster parents.
2.
			 the licensee shall make foster parents' annual review available to foster
			 parents and shall afford them an opportunity to respond to the review in
			 writing, as provided by 606 CMR 5.09(10). When reports or information are made
			 available, the licensee shall provide staff assistance in interpreting them to
			 foster parents.
(i)
Distribution of Records
. Children's, parent's,
			 expectant and birth parent's, foster and adoptive parent applicants', and
			 foster and adoptive parents' records shall be the property of the licensee. The
			 licensee shall establish written procedures governing access to, duplication
			 of, and dissemination of such information.
(j)
Storage and Preservation of
			 Records
.
1. The licensee shall
			 secure the information contained in these records against loss, defacement,
			 tampering, or unauthorized use.
2.
			 The licensee shall maintain foster children's records for a minimum of seven
			 years. Thereafter, the child's record may be destroyed if a duplicate is
			 maintained by the Department of Children and Families.
3. The licensee shall maintain records for
			 foster parents and for foster and adoptive parent applicants who do not receive
			 a placement for a minimum of seven years.
4. The licensee shall maintain parent and
			 expectant parent records for a minimum of seven years.
5. The licensee shall maintain birth parent,
			 child, and adoptive parent records in perpetuity.
6. If an agency intends to cease operation,
			 it shall notify the Department at least 90 days in advance of its intent to
			 close. Such notice shall include a review and update, as appropriate, of the
			 plan for agency closing submitted in accordance with 606 CMR
			 5.03(2)(a)26.
7. The licensee shall
			 not destroy records required to be kept by these regulations and shall provide
			 for their preservation and transfer.