reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.504 - Placement of Out-of-state Children in Educational Institutions

Current through Register 1525, July 5, 2024
(1) Programs conducted by public or private
				agencies in which children are placed in family homes incident to their
				attendance at educational institutions in other states are foster care
				placements within the meaning of the Interstate Compact, because the home
				rather than the educational institution provides child care and supervision
				during the time when the child is not in attendance at the school
				program.
(2) To facilitate the
				conduct of such a program, the agency administering it may investigate and
				prepare reports on the Massachusetts homes in question in advance, and may
				offer such reports to the Compact Administrator of the Commonwealth as part of
				the information required in connection with an intended placement, provided
				that any such report must be current to within six months of the date of its
				submission.
(3) Any home in which a
				child is placed or proposed to be placed pursuant to 110 CMR 7.000 shall obtain
				and maintain such license or approval as a child care or foster home as the
				laws and regulations of the Commonwealth require. The license or approval must
				be in full force and effect at the time the sending agency gives notice of the
				intended placement and at all times during the continuance of the placement.
				Failure to meet this condition shall be sufficient ground for the Compact
				Administrator to deny or terminate the placement.
(4) The operator of a program to which 110
				CMR 7.504 applies shall:
(a) notify the
				Compact Administrator of the Commonwealth promptly in writing if the child is
				returned to his parent's or guardian's home or is sent to another home during
				the school year.
(b) notify the
				Compact Administrator of the Commonwealth promptly in writing upon the child's
				return to his parent's or guardian's home at the end of the school
				year.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.505 - Placement of Out-of-state Children in Medical Institutions

Current through Register 1525, July 5, 2024
(1) Placement of a child in a medical
				institution of whatever kind in another state is a placement within the meaning
				of the Interstate Compact unless the room, board, care and supervision provided
				at the medical facility are merely incident to medical or psychiatric treatment
				which the child is receiving, and are to be terminated when the child's medical
				or psychiatric treatment ends.
(2)
				Placement in a home for unwed pregnant mothers is a placement within the
				meaning of the Interstate Compact if the purpose of the facility is to meet the
				expectant mother's social and emotional needs as well as to provide room and
				board during pregnancy. Only if the home's services are primarily medical and
				are confined to the period of the actual delivery and customary post-delivery
				stay is the placement outside the Compact.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.506 - Placement of Out-of-state Children in Residential Institutions

Current through Register 1525, July 5, 2024
(1) Placement of a child in a residential
				institution is a placement within the meaning of the Interstate Compact if the
				institution provides child care or other services which, if provided by a
				family or individual other than the child's parents, would constitute foster
				care, with or without payment.
(2)
				Where children attend school or other educational programs, but are not housed
				or cared for on a 24-hour basis by the school or educational program and where
				a placement within the meaning of the Compact occurs, the placement shall be
				deemed to be with the person, family, agency or institution which provides the
				24-hour a day housing and care during the period of school or other educational
				attendance.
(3) The type of
				license, if any, held by an institution may be used as evidence of its
				character, but whether an institution is either generally exempt from the need
				to comply with the Interstate Compact procedures or exempt in a particular
				instance shall be determined by the services the institution actually provides
				or offers to provide.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.507 - Placement with Parent(s)

Current through Register 1525, July 5, 2024
(1) No placement
				under the Interstate Compact occurs nor do the provisions of M.G.L. c. 119,
				§ 36 apply when a court in one state, in connection with the granting of a
				divorce, awards any form of custody to a parent residing in another
				state.
(2) If a court enters an
				order which alters custodial rights which had been previously adjudicated in a
				divorce, separation or other legal proceeding, and such order places a child
				with a previously non-custodial parent in a state other than the one in which
				the child currently resides, there is a placement within the meaning of the
				Compact.
(3) No placement under the
				Interstate Compact occurs nor do the provisions of M.G.L. c. 119, § 36
				apply when divorced parents agree to a placement of their child with a relative
				listed in
				110
				CMR 7.503(3), or when one
				divorced parent places his/her child with the other non-custodial divorced
				parent across state lines.
(4)
				Whenever a state agency has custody of a child or care of a child pursuant to a
				voluntary placement agreement, and such agency places a child with his/her
				parent(s) in another state, this constitutes a placement under the Interstate
				Compact.
(5) Whenever a court in a
				divorce proceeding awards custody of a child to any third party including a
				relative listed in
				110
				CMR 7.503(3)  against the
				wishes of the parents, this constitutes a placement under the Interstate
				Compact.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.508 - Independent Adoptions

Current through Register 1525, July 5, 2024
(1) "Independent
				adoption" is any placement of a child for adoption in the Commonwealth made or
				facilitated by anyone other than the Department or by anyone other than an
				adoption or placement agency licensed or approved by the Department of Early
				Education and Care and any placement of a child from the Commonwealth for
				adoption in another state made or facilitated by anyone other than a placement
				agency licensed by the receiving state and anyone other than the Department or
				an adoption or placement agency licensed or approved by the Department of Early
				Education and Care.
(2) Independent
				adoptions are illegal in the Commonwealth.
See
M.G.L. c. 28A,
				§ 11(c). Independent adoptions, for purposes of 110 CMR 7.508, shall
				include both children placed in the Commonwealth and children placed from the
				Commonwealth, for purposes of adoption.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.509 - Identified Adoptions

Current through Register 1525, July 5, 2024
(1) An "identified
				adoption" means an adoption where the parent executes a written surrender of
				his/her child directly to a particular person or agency.
(2) Identified adoptions of children brought
				into the Commonwealth are permitted provided that the placement is made by the
				Department or by an adoption or placement agency licensed or approved by the
				Office for Children, and is approved by the Compact Administrator for the
				Commonwealth.
(3) Identified
				adoptions of Massachusetts children in another state are permitted provided
				that a home study is prepared in accordance with the laws of the receiving
				state and is submitted for approval to the Compact Administrator for the
				Commonwealth, prior to the placement.
(4) Any adoption or placement agency licensed
				or approved by the Office for Child Care Services (including the Department of
				Children and Families) which agrees to accept a child from another state and to
				place that child in a particular identified home in the Commonwealth can
				thereafter refuse to place the child in that particular home based on the
				results of a completed home study.
(5) The Interstate Compact shall apply to all
				identified adoptions of children born to mothers who are out-of-state
				residents, regardless of whether the surrender was executed in the sending
				state or in Massachusetts, unless the child is surrendered directly to one of
				the exempt relatives or guardian as enumerated in
				110
				CMR 7.503(3).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.510 - Guardians

Current through Register 1525, July 5, 2024
(1) The Interstate Compact procedures shall
				not apply to a non-agency guardian sending or bringing a child into a receiving
				state and leaving the child with a non-agency guardian or any of the exempt
				relatives enumerated in
				110
				CMR 7.503(3)  in the
				receiving state.
(2) The Interstate
				Compact and the provisions of M.G.L. c. 119, § 36 shall apply whenever a
				resident of the Commonwealth is appointed guardian of a child by a court of
				another state for the purpose of securing an adoption in the
				Commonwealth.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.511 - Foreign Children

Current through Register 1525, July 5, 2024
(1) The Interstate
				Compact procedures do not apply to inter-country placement of children. M.G.L.
				c. 119, § 36 governs the placement of foreign-born children into the
				Commonwealth for the purpose of adoption.
(2) The Interstate Compact procedures shall
				apply to the interstate placement of foreign-born children, whether or not the
				child was ever physically in the sending state, so long as such sending state
				caused the child to be sent or brought into another state.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.512 - Moves Across State Borders

Current through Register 1525, July 5, 2024
(1)
Move by Child
. An intra-state placement not subject to
				the Compact becomes an interstate placement subject thereto when the child
				moves to another state.
Example: The Department has custody or care of a child and
				  places the child with a foster family in Massachusetts. If the foster family
				  and child thereafter move to Vermont, the Interstate Compact procedures must be
				  followed.
(2)
Move by Parents
. An intra-state placement not subject
				to the Compact does not become subject to the Compact when the parent(s) move
				to another state but the child remains in the state where the original
				placement occurred.
Example: The Department has custody or care of a child and
				  places the child with a foster family in Massachusetts. If the parents who
				  placed the child with the Department thereafter move to Vermont, but the child
				  remains in Massachusetts, the Interstate Compact is not
				  involved.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.513 - Runaway Children

Current through Register 1525, July 5, 2024
Whenever a child is a runaway and crosses state borders, the
				  provisions of M.G.L. c. 119, App. §§ 1 through 7 shall govern the
				  return or retention of the child.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.514 - Procedural Requirements When Sending Agency is Within the Commonwealth

Current through Register 1525, July 5, 2024
(1) Any sending agency which intends to send,
				bring, or place a Massachusetts child into another state shall give advance
				written notice of its intention to the Compact Administrator of the
				Commonwealth and of the receiving state.
(2) The sending agency shall thereafter
				furnish the Compact Administrator of the Commonwealth and of the receiving
				state with all information requested by each Compact Administrator, provided
				that such information will consist of at least the following;
(a) The name, date and place of birth of the
				child.
(b) The identity and
				address(es) of the parent(s) and legal guardian(s).
(c) The name and address of the person,
				agency or institution to or with which the sending agency proposes to send,
				bring or place the child.
(d) A
				full statement of the reasons for such proposed action.
(e) Social assessment of the child and family
				(Form ICPC-101).
(f) Copy of all
				court documents relating to custody or adoption of the child, if
				applicable.
(g) A full statement of
				what the receiving state is being asked to do regarding the child.
(h) Copy of Request to Place Child (Form
				100A), if applicable.
(i) Copy of
				Report on Placement Status Change of Child (Form ICPC-100B) for all retroactive
				applications, if applicable.
(j)
				Evidence that surrenders by parent(s) and/or termination of parental rights
				were accomplished fully in accordance with the laws of Massachusetts, or
				evidence that the process of terminating such rights has been commenced in
				accordance with the laws of Massachusetts.
(k) A home study of the proposed placement
				site conducted by a placement agency licensed or approved by the receiving
				state.
(l) In the case of placement
				for purposes of adoption, a description of each expense incurred or to be
				incurred by the adoptive parents, the amount of each such expense, the name and
				address of the payee, and the date of payment.
(m) In the case of placement for purposes of
				adoption, medical background information on the child (if born) and on the
				natural parents.
(n) Evidence of
				authority of sending agency to place child which may consist of any of the
				following as appropriate.
1. Court
				order;
2. Executed Voluntary
				Placement Agreement;
3. A notarized
				statement by a parent or legal guardian acting as a sending agency;
4. Executed surrender form executed in
				accordance with the requirements of M.G.L. c. 210.
(o) Whenever a private child welfare agency
				is the sending agency, a copy of its current license.
(p) If a child is of Indian heritage,
				verification that the placement is in compliance with the Indian Child Welfare
				Act.
(q) A pre-placement visitation
				plan which is consistent with good social work practice.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.515 - Financial Responsibility for the Child

Current through Register 1525, July 5, 2024
(1) A
				sending agency in the Commonwealth shall continue to have financial
				responsibility for support and maintenance of any Massachusetts child placed
				out-of-state, during the period of the out-of-state placement (including any
				subsidized adoption which occurs out-of-state).
(2) An out-of-state sending agency shall
				continue to have financial responsibility for support and maintenance of any
				child placed in the Commonwealth during the period of the placement (including
				any subsidized adoption which occurs in the Commonwealth).
(3) A sending agency in the Commonwealth may
				contract with any third party to shift financial responsibility for an
				out-of-state placement to such third party, provided that in the event of
				default by the third party financial responsibility for the child as between
				the receiving state and sending agency remains with the sending agency in the
				Commonwealth.
(4) A sending agency
				in the Commonwealth shall not condition a placement with a receiving state upon
				the latter's assumption of financial responsibility for the child.
(5) The laws of the receiving state shall
				govern whether a particular cost is a cost of placement which shall be borne by
				the sending agency, provided that the rate at which foster care payments shall
				be paid shall be the rate established by the Commonwealth, regardless of
				whether it is the sending or receiving state.
(6) Nothing in
				110 CMR
				7.00 shall prevent the sending agency from pursuing
				its right to reimbursement from parties responsible for the support of the
				child.
(7) Whenever parent(s)
				terminate their parental rights and surrender the child to a person or agency
				in the Commonwealth, such parents by virtue of such surrender shall not retain
				any jurisdiction over the child but jurisdiction and financial responsibility
				for the child shall be vested in a state child welfare agency or other
				financially responsible entity which must be named as the sending agency.
				Financial responsibility shall include the support and maintenance of the child
				during the pre-adoption period of the child's placement in the
				Commonwealth.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.517 - Jurisdiction Under the Interstate Compact

Current through Register 1525, July 5, 2024
(1)
				The sending agency shall have jurisdiction over the child sufficient to
				determine all matters relative to the custody, supervision, care, treatment and
				disposition of the child in the same manner as if the child had remained in the
				sending agency's state, until the child is adopted, reaches majority age,
				becomes self-supporting or is discharged from the placement in question with
				the concurrence of the appropriate authority in the receiving state.
(2) The child's legal residence shall be in
				the state of the sending agency until one of the events stated in the 110 CMR
				7.517(1) occurs.
(3) The sending
				agency shall have jurisdiction sufficient to effect or cause the return of the
				child or his/her transfer to another location.
(4) The sending agency shall have the power
				to secure periodic reports from the receiving state concerning the course of
				the placement.
(5) Whenever
				parent(s) terminate their parental rights and surrender their child to a person
				or agency in the Commonwealth, such parents by virtue of such surrender shall
				not retain any jurisdiction over the child but jurisdiction and financial
				responsibility over the child shall be vested in a state child welfare agency
				or other financially responsible entity which must be named as the sending
				agency.
(6) The receiving state
				shall be responsible for providing supervision of the placement, if so
				requested by the sending agency.
(7) The receiving state shall have
				jurisdiction over the child sufficient to deal with an act of delinquency or
				crime committed in the receiving state.
(8) The receiving state shall have
				jurisdiction over the child sufficient to deal with protecting the child from
				abuse or neglect committed in the receiving state.
(9) Both the sending state and the receiving
				state shall have jurisdiction sufficient to punish or subject to penalty anyone
				violating the terms of the Interstate Compact.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.518 - Law Governing

Current through Register 1525, July 5, 2024
(1) Whenever a
				child is placed across state borders, the sending agency shall comply with the
				applicable laws of the receiving state governing the placement of children
				therein.
(2) After the child has
				been placed across state borders the laws of the receiving state shall govern
				all matters relating to the child, other than all matters in relation to the
				custody, supervision, care, treatment and disposition of the child which shall
				be governed by the laws of state of the sending agency retaining jurisdiction
				over the child.
(3) The laws of the
				receiving state shall apply at a minimum:
(a)
				to a care and protection proceeding brought against the placement in the
				receiving state;
(b) to a
				determination of whether medical, educational, support or other payments shall
				be made on behalf of the child;
(c)
				to a determination of the legality of the placement in the receiving
				state;
(d) to a determination of
				the age of majority.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.519 - Enforcement

Current through Register 1525, July 5, 2024
(1) Whenever the Compact is applicable anyone
				sending, bringing or causing to be sent or brought into any receiving state a
				child in violation of the terms of the Compact shall also be deemed to be in
				violation of the laws respecting the placement of children of the receiving
				state and of the state in which the sending agency is located or from which it
				sends or brings the child. The term anyone in the preceding sentence shall
				include a court of competent jurisdiction.
(2) A violation of the terms of the
				Interstate Compact shall also be a violation of M.G.L. c. 119, § 36;
				M.G.L. c. 15D, §§ 6(c), 6(e) and 15(a) and M.G.L. c. 210, as
				applicable, together with such other statutes and regulations of the
				Commonwealth as are applicable to the placement of children.
(3) The Department may, in its discretion,
				refer matters involving violation of the terms of the Interstate Compact or any
				of the above-listed statutes to any appropriate investigatory or prosecutorial
				agency or board in the sending state or the receiving state, including but not
				limited to the Office of the Attorney General, Office of the District Attorney,
				Executive Office of Health and Human Services, Department of Early Education
				and Care, Board of Bar Overseers.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.520 - Effect of Violation on Placements

Current through Register 1525, July 5, 2024
(1) Failure
				by any receiving agency or sending agency, including a court, to utilize
				Interstate Compact procedures whenever the Compact applies renders the
				placement illegal.
(2) Such illegal
				placement shall not permit the sending agency to avoid the financial
				responsibility for the placement or other requirements of the Compact which
				would rest with the sending agency had the Compact not been violated.
(3) Whenever a placement is illegal because
				the Compact, which was applicable, was either not used or its provisions were
				violated, such placement shall be brought into compliance with the Compact or
				the placement shall be terminated.
(4) Whenever the provisions of M.G.L. c. 15D,
				§§ 6(c) or 6(e) have been violated the Department of Early Education
				and Care may petition the Superior Court to enjoin any such violation or to
				take such other action as equity and justice may require.
See
M.G.L. c. 28A, § 16.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.521 - Termination of Placements

Current through Register 1525, July 5, 2024
(1) A placement
				made pursuant to the Interstate Compact or the provisions of M.G.L. c. 119,
				§ 36 shall terminate only when the child is adopted, reaches majority
				under the laws of the receiving state, becomes self-supporting, or is
				discharged from the placement in question with the concurrence of the Compact
				Administrator in the receiving state.
(2) If the placement is in violation of the
				Interstate Compact or M.G.L. c. 119, § 36, the sending agency may not
				unilaterally terminate its responsibilities as to such placement.
(3) If the placement is in violation of the
				Interstate Compact or M.G.L. c. 119, § 36, such placement may be
				terminated only upon the conditions set forth at 110 CMR 7.521(1).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.522 - Confidentiality

Current through Register 1525, July 5, 2024
(1) A receiving agency of the Commonwealth
				which has been requested to perform a home study by a sending agency shall
				release the information contained in the home study to the sending agency upon
				the same conditions as would apply if the sending agency were a Massachusetts
				agency with jurisdiction over the child to be placed.
(2) The laws of the Commonwealth regarding
				confidentiality shall govern the release of information by the sending agency
				and the Compact Administrator.
(3)
See
Confidentiality, generally at
				110 CMR
				12.00
et seq.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.523 - Administrative Review

Current through Register 1525, July 5, 2024
Any person aggrieved by any action or inaction of the
				  Department involving the placement of children across state lines shall have
				  the right to a fair hearing on the matter pursuant to
				  110
				  CMR 10.00
et seq.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 8.00 - Service Denial, Reduction or Termination › Section 8.01 - Notice of Action

Current through Register 1525, July 5, 2024
(1) The Department
			 or provider shall give written notice to a client if the Department intends to
			 deny, reduce, or terminate services, or increase the cost thereof. The written
			 notice shall contain:
(a) a statement of what
			 action the Department intends to take;
(b) the reasons for the action;
(c) the date on which the action shall become
			 effective;
(d) the address and
			 telephone number of the Department office making the decision;
(e) an explanation of the applicant's or
			 recipient's right to request a fair hearing;
(f) the process used to request a fair
			 hearing; and
(g) an explanation of
			 the circumstances, if any, under which services will be continued pending the
			 fair hearing.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 8.00 - Service Denial, Reduction or Termination › Section 8.02 - Service Continuation for 18 through 22 Years of Age

Current through Register 1525, July 5, 2024
The Department is committed to assisting older adolescents and
				young adults in their transition to independence and self
				sufficiency.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 9.00 - Case Closure › Section 9.02 - Required Closings

Current through Register 1525, July 5, 2024
Case closing shall include, but is not limited to, the
				following events.
(1) A case must be
			 closed when a case opened with a 51A report subsequently is not supported and
			 the family does not wish to make a voluntary application for
			 services.
(2) A case must be closed
			 when the child(ren) have been adopted or placed with a legal guardian and the
			 adoptive/guardian family no longer needs Department services. Adoption or
			 guardianship subsidy can continue to be provided, regardless of case
			 closure.
(3) A case must be closed
			 when the social worker and client jointly agree that Department services are no
			 longer necessary.
(4) A case must
			 be closed when a voluntary applicant for Department services withdraws the
			 application or refuses to participate in assessment, service planning or case
			 review.
(5) A case must be closed
			 when, after reasonable social work efforts and offers of service, a family
			 which is the subject of a supported 51A report refuses further Departmental
			 services and there are no grounds for either legal action or a new 51 A
			 report.
(6) A case must be closed
			 when a CHINS petition is dismissed and no family members are requesting or
			 receiving Departmental services.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 9.00 - Case Closure › Section 9.03 - Procedures

Current through Register 1525, July 5, 2024
(1)
The Social worker, and His
			 Supervisor Make The Case Closing Decision
. Case closing is a
			 clinical decision between a social worker and his/her supervisor, which
			 decision is thereafter discussed with the client family. Case closing takes
			 into consideration the stated goals of the case, the individual's or family's
			 participation in services, the reduction of risk to the child, legal issues,
			 and the Department's responsibility to provide services. When a family which is
			 the subject of a supported 51A report refuses further Department services, and
			 if the social worker and/or supervisor wish to seek court-ordered custody of
			 the children in question, then a consultation with a Department attorney shall
			 be conducted to determine if there are grounds for legal action. The social
			 worker documents in writing in the case record the outcome of this
			 consultation. If legal action is not warranted and despite reasonable casework
			 efforts, the family persists in refusing Department services, the social worker
			 documents this in the case record and proceeds to close the case, by following
			 the procedures set forth in
			 110 CMR
			 9.00.
(2)
A Plan is Developed for Case Closure
. The social
			 worker and his/her supervisor determine what activities are necessary to
			 prepare the case for closing, and complete these activities.
(3)
Area Director Reviews Case
			 Closing
. There shall be a review of every case closing decision by
			 either the Area Director or his/her designee. If the Area Director or designee
			 approves, s/he shall sign a case closing form to approve the closing.
(4)
The Social Worker Notifies
			 the Family in Writing of the Decision to Close the Case
. The
			 social worker shall notify the family in writing that the case is to be closed.
			 An outline of the fair hearing/grievance procedures shall be attached to the
			 letter.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 9.00 - Case Closure › Section 9.04 - Closing a Supported Case

Current through Register 1525, July 5, 2024
The Department may close a case with a supported 51A at any
				time after completion of its investigation.
Commentary:
It is generally but erroneously assumed that the decision to
				support a 51A report after investigation automatically means that the case
				should be left open. However, there are some types of circumstances where
				"support and close" would be the decision of choice:
(1) Supporting an allegation of child abuse
			 or neglect does not necessarily mean that a child is at ongoing risk. Example:
			 abuse that is found to have occurred by a babysitter. The child was definitely
			 injured, by a caretaker. However, the family is in no way responsible for the
			 injury, or for choosing an inappropriate caretaker. Also, the family is
			 appropriate in preventing any further contact between the child and babysitter.
			 The incident must be supported, (as well as perhaps reported to the District
			 Attorney - See
			 110
			 CMR 4.50 ), but the Department does not need
			 to conduct an assessment, nor to keep the case open, if there is no ongoing
			 risk to the child. Of course, the Department's services would be offered to the
			 child and family.
(2) The second
			 set of circumstances has to do with families that have disappeared. Example:
			 Boston City Hospital examines a child and discovers welt marks on his back. The
			 parents are interviewed, admit that they struck their child, and are informed
			 that a 51A report will be filed. When the Department investigator goes out,
			 s/he discovers that the address given does not exist. The investigator spends
			 the rest of ten days attempting to locate the family through all other means,
			 but is unsuccessful. There is reasonable cause to believe that the incident of
			 abuse did occur, so the 51A must be supported. However, the Department can
			 provide no services because the family cannot be located. Therefore, the
			 Department does not keep the case open.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 9.00 - Case Closure › Section 9.05 - Court Approval Requirement for Closing Certain Cases

Current through Register 1525, July 5, 2024
When a decision is made to close any case in which the
				Department has court ordered custody of child(ren), the Department will not
				close the case until the Department seeks from the court a return of full
				custody to the parents, and dismissal of the case.
Commentary
By statute (M.G.L. c. 119, § 26) the Department does have
				the option to close cases by "administrative decision" without court action.
				However, in the interest of consistent casework and in order to afford
				Department social workers maximum support in making such decisions, the
				Department will seek the court's approval of the decision to close the case. In
				these instances, a member of the Department's legal staff will file a Motion to
				Dismiss the court case. If the court approves the Department's motion, the
				Department will proceed to close the case. If the court declines to make any
				ruling on the Department's motion in light of the Department's administrative
				prerogative contained in M.G.L. c. 119, § 26, the Department will proceed
				to close the case. If the court denies the Department's motion, the Department
				will not proceed to close the case.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.01 - Policy

Current through Register 1525, July 5, 2024
The Department strives to provide services to clients equitably
				and fairly. Toward that end, clients shall have the opportunity to appeal
				certain matters via a Fair Hearing Process, and to present other matters to the
				department via a Grievance Process. The Fair Hearing Process is designed to
				enable a client who is dissatisfied with certain actions or inactions by the
				Department or a provider under contract with the Department to present his or
				her position in an informal hearing and to receive a just and fair decision
				from an impartial hearing officer based on the facts and applicable policies,
				regulations, statutes and/or case law. The provisions of
				801 CMR 1.01:
Formal Rules
through 1.03:
Miscellaneous Provisions
				Applicable to All Adjudicatory Proceedings
shall not apply to the
				Department's Fair Hearings. The Grievance Process is likewise designed to offer
				an informal dispute resolution process for clients.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				110
				CMR 10.00, unless the context otherwise requires, the
				following terms shall have the following meanings:
Adolescent
. An individual between 14
				and 18 years of age.
Aggrieved Party
. Any individual who
				challenges a decision of the Department pursuant to
				110 CMR 10.36
				through
				10.38.
Alleged Perpetrator
. An individual
				who the Department has identified, by substantial evidence, as responsible for
				the abuse or neglect of a child, referred the person's name to the District
				Attorney's office under M.G.L. c. 119, § 51B(k), and listed the person on
				the Department's Registry of Alleged Perpetrators.
Appellant
. Any individual who
				challenges a decision of the Department pursuant to
				110 CMR 10.03
				through
				10.36.
Authorized Representative
. Any
				person, such as a lawyer, advocate, relative or friend, who is authorized in
				writing by any party to represent that party.
Client
. An applicant for or recipient
				of Department services. Foster parents, pre-adoptive parents or adoptive
				parents in their status as such shall be considered clients for purposes of
				110
				CMR 10.00.
Clinical Review Team
. A team of not
				less than five individuals, each of whom must have extensive social work
				experience, convened by a Regional Director for the purpose of reviewing a
				decision referred to the team pursuant to
				110 CMR
				10.08.
Director of Areas
. The term Director
				of Areas when used in
				110
				CMR 10.00 means the director of the Department's Area
				Office and shall include the director of any provider.
Fair Hearing Office
. The centralized
				hearing office for Fair Hearings statewide, located at the Central Office of
				the Department and within the Office of the General Counsel.
OCA
. The Office of the Child Advocate
				pursuant to M.G.L. c. 18C.
Provider
. An organization with a
				contract with the Department to provide services for Department Clients.
Young Adult
. An individual between 18
				and 22 years of age.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.03 - Hearings Officers

Current through Register 1525, July 5, 2024
The Department shall employ one or more impartial hearings
				officers, whose sole duty shall be to conduct Fair Hearings statewide. No
				officer shall hear, or involve themselves in any way, in any matter in which
				they have, or have had, any direct or indirect interest, personal involvement
				or bias. Said officer shall attest to this impartiality in his or her written
				decision.
In the event that the assigned Fair Hearing Officer is unable
				to hear the matter due to a lack of impartiality, the officer shall notify the
				Director of Fair Hearings or designee, in writing, that the officer must recuse
				himself or herself from the matter. The Director of Fair Hearings or designee
				shall appoint another officer to hear the case.
The Hearing Office, as defined in
				110 CMR 10.02, shall
				be under the direction of the Department's Director of Fair Hearings. Fair
				Hearing Officers employed by the Department shall have, at a minimum, two years
				of direct service experience as well as legal training and/or
				experience.
In addition, each Fair Hearing Officer shall receive the
				following hours of in-service training: 40 hours of pre-service training before
				he or she is eligible to conduct Fair Hearings, and, on an annual basis, shall
				receive 25 hours of training in the following areas, including but not limited
				to: legal/administrative, trauma/abuse, health, poverty, conflict resolution,
				and conflict of interest. However, the failure to comply with 110 CMR 10.03
				shall not prevent an individual from serving as a Hearing Officer.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.03A - Reports

Current through Register 1525, July 5, 2024
The General Counsel's Office shall report, on an annual basis,
				the activities of the office, including but not limited to, the number of fair
				hearing requests, the number of hearings held, the number of decisions issued
				and the number of open Fair Hearings cases.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.04 - Providers

Current through Register 1525, July 5, 2024
110
				CMR 10.00 shall apply to clients who obtain or apply
				for services from the Department or from any Department provider. Providers may
				not avail themselves of the Fair Hearing or Grievance
				processes.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.05 - Standards for Review

Current through Register 1525, July 5, 2024
A Fair Hearing shall address whether, based upon the evidence
				and the hearing record as a whole:
(a)
			 the Department's or Provider's decision or procedural action violated
			 applicable statutory or regulatory requirements, including but not limited to
			 110 CMR, or the Department's or Provider's policies or procedures, and resulted
			 in substantial prejudice to the Appellant; or
(b) if there is no applicable statute,
			 policy, regulation or procedure, the Department or Provider failed to act with
			 a reasonable basis or in a reasonable manner which resulted in substantial
			 prejudice to the Appellant;
(c) for
			 a decision to support a report of abuse or neglect, whether based on the record
			 as a whole, and giving due weight to the clinical judgments of the Department
			 social workers, there is reasonable cause to believe that a child has been
			 abused or neglected; or
(d) for a
			 decision to list a person on the registry of alleged perpetrators, whether
			 based on the record as a whole, there is substantial evidence that the person
			 is responsible for the abuse or neglect.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.06 - Allowable Grounds for Appeal

Current through Register 1525, July 5, 2024
The following matters are the exclusive grounds that may be
				appealed via the Fair Hearing process pursuant to
				110
				CMR 10.00:
(1)
Applicant's Grounds for
			 Appeal
. An applicant for services has the right to appeal:
(a) the failure of the Department to follow
			 110 CMR, which resulted in substantial prejudice to the applicant;
(b) the computation of a fee for services in
			 excess of the minimum fee set by the Department if the applicant is claiming
			 that the fee was incorrectly calculated;
(c) the imposition of the minimum fee set by
			 the Department if the applicant can show cause that he or she is exempt from
			 that fee;
(d) any action or
			 inaction of the Department involving the placement of children across state
			 lines, pursuant to the provisions of
			 110 CMR
			 7.500:
Introduction to Interstate
			 Placement Services
.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.07 - Disallowed Grounds for Appeal

Current through Register 1525, July 5, 2024
No matter except those listed in
				110 CMR
				10.06 may be the subject of a Fair Hearing.
				Without limiting the generality of the foregoing, the following are
				specifically among the matters for which there is no right to a Fair
				Hearing.
(1) When the only reason for
			 the Department's failure to grant a request for services or increased services,
			 or for the Department's reduction or termination of services, is the
			 unavailability of funds, or the unavailability of a particular service, there
			 is no right to a Fair Hearing if:
(a) services
			 are authorized on a first come-first serve basis unless the Appellant submits
			 an offer of proof that other individuals received the services before them
			 although their application was received later than that of the Appellant. The
			 Appellant may submit such offer of proof with the request for the Fair Hearing
			 or upon request of the Hearing Office; or
(b) the reduction or termination is applied
			 uniformly to all recipients of the particular service in that area office,
			 unless the Appellant submits an offer of proof that such reduction or
			 termination was not applied uniformly to all recipients of the particular
			 service in that area office. The Appellant may submit such offer of proof with
			 the request for the Fair Hearing or upon request by the Hearing
			 Office.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.08 - Fair Hearing Processes

Current through Register 1525, July 5, 2024
(1)
Appellant's Initiation of a Fair Hearing
.
(a) to initiate an appeal, the Appellant
			 shall file a written request for a Fair Hearing with the Hearing Office of the
			 Department within 30 calendar days from the decision complained of or, if
			 notice of such decision is required under the Department regulations, policy or
			 procedures, then 30 calendar days from receipt of such written
			 notice.
(b) the Appellant is
			 encouraged to use the form provided by the Department's Hearing Office to
			 request a Fair Hearing, but a request which contains the following information
			 is sufficient: the name, address, and telephone number of the Appellant, the
			 date the alleged action occurred, the name and address of the office which made
			 the decision being appealed, the decision being appealed, and a request for
			 review of the decision. The Appellant must provide a copy of the request to the
			 Director of Areas of the office where the challenged decision was
			 made.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.09 - Continuation of Service or Placement Pending Appeal

Current through Register 1525, July 5, 2024
(1) The filing of a request for a Fair
			 Hearing shall not stay or otherwise affect the implementation of the challenged
			 decision, except as provided in 110 CMR 10.09.
(2) The filing of a request for a Fair
			 Hearing regarding a decision to deny services or to reduce the quantity of
			 services shall stay the effect of the challenged decision until after the final
			 decision of the agency is made pursuant to
			 110
			 CMR 10.00, provided further that the Appellant
			 continues to pay the pre-established fee, if any for the services in
			 question.
(3) The filing of a
			 request for a Fair Hearing regarding a decision to remove a child from a foster
			 or pre-adoptive placement shall stay the effect of the challenged decision
			 until after the final decision of the agency is made pursuant to
			 110
			 CMR 10.00. A decision to remove a child from a foster
			 or pre-adoptive placement on an immediate basis because the Director of Areas
			 or Regional Director has determined that the child's physical, mental, or
			 emotional well-being would be endangered by leaving the child in the foster
			 home, as provided by
			 110 CMR
			 7.116:
Removal of Children from
			 Foster/Pre-adoptive Homes
, shall not be stayed by the filing of a
			 request for a Fair Hearing regarding that decision.
(4) The filing of a request for a Fair
			 Hearing regarding a decision to close a recipient's Department case shall stay
			 the closure until after the final decision of the agency is made pursuant to
			 110 CMR.
(5) The filing of a
			 request for a Fair Hearing regarding a decision to suspend, reduce or terminate
			 an adoption or guardianship subsidy shall stay the suspension, reduction or
			 termination of the adoption or guardianship subsidy until the final decision of
			 the agency is made pursuant to 110 CMR unless the reason for the termination of
			 the subsidy is because the child reached 18 years of age and no request for an
			 extension of subsidy had been received by the Department before the
			 18th birthday, or the Young Adult reached 21 years
			 of age and qualifies for a Title IV-E subsidy or 22 years of age and qualifies
			 for a state subsidy.