reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.08A - Fees for Voluntary Substitute Care Services

Current through Register 1525, July 5, 2024
(1) The Department will assess a fee when it
				determines that a child will be entering out-of-home care on a voluntary basis.
				The fee will include a portion based on the family's income and a portion based
				on an amount equal to 75% of the child's Supplemental Security Income (SSI)
				benefit, 75% of the child's Title II benefits, and/or an amount equal to 75% of
				the child's adoption or guardianship subsidy, if the child receives SSI
				benefits, Title II benefits, or an adoption or guardianship subsidy. Guardians
				will not be subject to the income based portion of the fee. The fee for
				services will never exceed the actual cost of services.
No fee will be charged to any family whose income is at or
				  below 150% of the federal poverty level as revised annually and published by
				  the United States Department of Health and Human Services in the Federal
				  Register. When determining whether a family's income falls at or below 150% of
				  the federal poverty level the federal poverty levels for each size family will
				  be used.
The fee for substitute care services will be calculated as
				  follows:
(a) The Department will
				determine the family's gross income. Supplemental Security Income (SSI), Title
				II benefits, and adoption or guardianship subsidy for a child will not be
				included in calculating gross income.
(b) If the family's gross income is at or
				below 150% of the federal poverty level for that size family unit, none of the
				fees listed in 110 CMR 4.08A will be charged.
(c) If the family's income is above 150% of
				the federal poverty level, the family will be charged as a portion of the fee,
				a specified amount based upon their income as set forth in a sliding fee scale
				established by the Department. Guardians will not be subject to the income
				based portion of the fee.
(d) If
				the family's income is above 150% of the federal poverty level and the child in
				placement receives SSI benefits, Title II benefits, or an adoption or
				guardianship subsidy, and the parent(s) is the representative payee of such
				benefits, the fee will also include an amount equal to 75% of the child's SSI
				benefit, 75% of the child's Title II benefits, and/or 75% of the child's
				adoption or guardianship subsidy. An amount equal to the remaining 25% will be
				retained by the parent or representative payee.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.08B - Fees for Nonvoluntary Substitute Care Services

Current through Register 1525, July 5, 2024
(1) The Department will assess a fee when
				nonvoluntary substitute care services are provided to a child. The fee will
				include a portion based on the family's income and a portion based on an amount
				equal to 75% of the child's Supplemental Security Income (SSI) benefit, 75% of
				the child's Title II benefits, and/or 75% of the child's adoption or
				guardianship subsidy, if the child receives SSI benefits, Title II benefits, an
				adoption subsidy or a guardianship subsidy. Guardians will not be subject to
				the income portion of the sliding fee. The fee for services will never exceed
				the actual cost of services.
No fee will be charged to any family whose income is at or
				  below 150% of the federal poverty level as revised annually and published by
				  the United States Department of Health and Human Services in the Federal
				  Register. When determining whether a family's income falls at or below 150% of
				  the federal poverty level, the federal poverty levels for each size family will
				  be used.
The fee for nonvoluntary substitute care services will be
				  calculated as follows:
(a) The
				Department will determine the family's gross income. Supplemental Security
				Income (SSI), Tide II benefits, an adoption subsidy, or a guardianship subsidy
				for a child will not be included in calculating gross income.
(b) If the family's gross income is at or
				below 150% of the federal poverty level for that size family unit, none of the
				fees listed in 110 CMR 4.08B will be charged.
(c) If the family's income is above 150% of
				the federal poverty level, the family will be charged as a portion of the fee,
				a specified amount based upon their income as set forth in a sliding fee scale
				established by the Department. Guardians will not be subject to the income
				portion of the sliding fee.
(d) If
				the family's income is above 150% of the federal poverty level, and the child
				in placement receives SSI benefits, Title 11 benefits, an adoption subsidy, or
				a guardianship subsidy and the parent is the representative payee of such
				benefits, the fee will also include an amount equal to 75% of the child's 551
				benefit, 75% of the child's Tide II benefits, and/or 75% of the child's
				adoption or guardianship subsidy. An amount equal to the remaining 25% will be
				retained by the parent or representative payee.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.08C - Fees for All Services Other Than Substitute Care

Current through Register 1525, July 5, 2024
(1) For all Department services subject to a
				sliding fee, other than substitute care services, the Department may assess a
				fee based solely on the family's income. Guardians will not be subject to this
				fee. The fee for services will never exceed the actual cost of services.
No fee will be charged to any family whose income is at or
				  below 150% of the federal poverty level as revised annually and published by
				  the United States Department of Health and Human Services in the Federal
				  Register. When determining whether a family's income falls at or below the
				  federal poverty level, the federal poverty levels for each size family will be
				  used.
The fee for all services other than substitute care will be
				  calculated as follows:
(a) The
				Department will determine the family's gross income. Supplemental Security
				Income (551), Title II benefits, an adoption subsidy, or a guardianship subsidy
				for a child will not be included in calculating gross income.
(b) If the family's gross income is at or
				below 150% of the federal poverty level for that size family unit, none of the
				fees listed in 110 CMR 4.08C will be charged.
(c) If the family's income is above 150% of
				the federal poverty level, the family will be charged as the fee, a specified
				amount based upon their income as set forth in a sliding fee scale established
				by the Department.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.09 - Safe Haven

Current through Register 1525, July 5, 2024
(1) A parent(s) is
				permitted to voluntarily place their newborn child under seven days old with a
				hospital, police department or manned fire department, hereinafter "Safe Haven
				Facility", pursuant to M.G.L. c. 119, § 39½.
(2) When a parent leaves a child at a Safe
				Haven Facility, the Safe Haven Facility is required to immediately notify the
				Department, which shall immediately arrange for placement of the child under
				M.G.L. c. 119, § 23(a)(5).
(3)
				If the parent's(s') identity is known, the Department may explore with the
				parent entering into a Voluntary Placement Agreement or executing a Voluntary
				Surrender Consent Form.
(4) If the
				parent(s) did not identify themselves to the Safe Haven Facility, or is
				unwilling to sign a Voluntary Placement Agreement or a Voluntary Surrender
				Consent Form, the Department shall file a court proceeding for custody of the
				child immediately, but no later than the next court day following receipt of
				notice from the Safe Haven Facility.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.10 - Voluntary Placement Agreements - Execution

Current through Register 1525, July 5, 2024
Upon the request of one or both parent(s) or parent
				  substitute(s) and when supported by an assessment of the needs of the child
				  which has been conducted by the Department, the Department may agree to provide
				  substitute care for a child. Every voluntary placement into substitute care
				  shall be accomplished by completion of the Department's standard form of
				  Voluntary Placement Agreement, between the parent(s) or parent substitute and
				  the Department.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.11 - Voluntary Placement Agreements - Form

Current through Register 1525, July 5, 2024
The Department shall utilize a standard form of Voluntary
				  Placement Agreement, as established by the Department. This Voluntary Placement
				  Agreement shall automatically expire after six months, and must be re-executed
				  if the voluntary placement is to be continued. All Voluntary Placement
				  Agreements shall be approved by, and then signed by, a departmental Area
				  Director or Assistant Area Director or his/her designee. The Voluntary
				  Placement Agreement is intended to be a flexible document adaptable to the
				  individual needs and circumstances of the client or family thus the standard
				  form may be modified as appropriate, so long as any such modifications are in
				  writing and are approved by both the client and the
				  Department.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.12 - Voluntary Placement Agreements - Termination

Current through Register 1525, July 5, 2024
(1) Any Voluntary Placement Agreement may be
				terminated by one or both parent(s) who have legal custody of the child giving
				written notice to the Department, regardless of which parent has signed the
				Voluntary Placement Agreement (i.e., if mother signs the Voluntary Placement
				Agreement, father may terminate it so long as he has some form of legal custody
				of the child).
(2) In any case
				where a parent gives notice to the Department terminating a Voluntary Placement
				Agreement (including but not limited to cases where one parent has signed the
				agreement and the other parent gives notice to terminate it) the Department
				shall honor the Agreement for a period of 72 hours thereafter. If, during said
				72 hour period, the Department determines that the child would be at risk of
				abuse or neglect if returned home, the Department may institute court
				proceedings to obtain custody of the child.
(3) If any child(ren), who was placed in
				substitute care as a result of a voluntary placement agreement, is returned
				home to live with her/his parent(s), the voluntary placement agreement shall
				automatically terminate. If the parent wishes to voluntarily place the child
				back into substitute care, a new voluntary placement agreement must be executed
				pursuant to
				110 CMR
				4.10. 110 CMR 4.12(3) does not apply if the
				child(ren) is visiting her/his parents.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.13 - Voluntary Placement Agreements - Mature Child

Current through Register 1525, July 5, 2024
The Department may accept a Voluntary Placement Agreement
				  from a mature child, without signature of any parent(s). However, such
				  Voluntary Placement Agreements (signed only by the mature child) will only be
				  accepted and honored by the Department for a period of 72 hours thereafter.
				  During that 72 hour period, the Department shall notify the parent(s) of the
				  child, verbally or in writing, that the child has signed a Voluntary Placement
				  Agreement with the Department and is in substitute care. During that 72 hour
				  period, parent(s) shall not have the right to revoke or terminate the Voluntary
				  Placement Agreement. nor shall they have the right to know the whereabouts of
				  the child, unless the child specifically agrees and unless the Department
				  determines that to so inform the parent(s) would not be contrary to the child's
				  best interests. At the conclusion of the 72 hour period, the Department shall
				  either return the child to his/her parent(s), or shall institute court
				  proceedings to obtain custody of the child, or shall obtain a Voluntary
				  Placement Agreement signed by the mature child's parent(s).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.14 - Voluntary Placement Agreements - Miscellaneous

Current through Register 1525, July 5, 2024
In addition to the rights and duties enumerated in the
				  standard form Voluntary Placement Agreement, the Department shall also exercise
				  the following rights:
(1)
Interviews of Children
. The Department may receive
				requests from various sources to allow third parties to interview child(ren).
				Examples include: media, police officers, district attorneys, other social work
				professionals (however 110 CMR 4.14 does not apply to interviews of children
				conducted by social workers employed by the Department), etc.
(a)
From a Police Officer or a
				Representative of the District Attorney's Office
. The parent(s)
				retain the right to determine if their child will be available for an interview
				unless the child is a mature minor and consents on his/her own. If a child is a
				possible or known defendant in a criminal action, the Department, Department
				foster/pre-adoptive parents or other Department providers caring for children
				in the Department's care cannot consent to having the child interviewed
				irrespective of whether or not the child is considered by the Department to be
				mature. In this situation, the Department may go to court and request the
				appointment of a Guardian Ad Litem with authority to determine whether the
				child should/will consent to participate in any kind of police
				interrogation.
(b)
All
				Other Requests
. The Department, upon receipt of such requests,
				will make all reasonable efforts to consult with the parent(s) by telephone. If
				contact with the parent(s) is made, the Department will honor the parent(s)
				wishes. If the Department is unable to contact the parent(s), the Department
				shall not consent to such interviews, unless there are special circumstances
				under which the interview would further the best interests of the child, in
				which case the Department may consent.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Voluntary Requests for Services › Section 4.15 - Surrenders For Adoption

Current through Register 1525, July 5, 2024
(1) The
				Department's social services are available to any birth parent(s) who
				voluntarily surrender their child(ren), to assist the parent(s) with the loss
				of their child(ren). Such services may include, but need not be limited to:
(a) counseling on separation and
				loss;
(b) involvement in a
				surrendering parent support group.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.20 - Receipt and Initial Processing of Reports of Alleged Abuse or Neglect

Current through Register 1525, July 5, 2024
The Department maintains a 24-hour intake process for
				  receiving reports of known or suspected incidents of abuse or neglect of
				  children. A report to the Department of abuse or neglect is referred to as a
				  "report" or a "51A report".
(1)
Business Days, Business Hours
. To report known or
				suspected abuse or neglect of children on a business day, during business
				hours, a mandated reporter or any other persons seeking to report an incident
				of child abuse or neglect, shall contact the Department's Area Office which
				covers the residence of the child in question. When the residence of the child
				is unknown or outside the Commonwealth, the reporter should make the report to
				the Department Area Office closest to the reporter, but the Department shall
				accept a report submitted to any Area Office of the Department. Each area
				office of the Department shall have one or more employees designated to receive
				51A reports.
(2)
Evenings, Weekends, and Holidays
.
(a) A mandated reporter seeking to report
				known or suspected abuse or neglect of a child during non-business hours shall
				file a report with the Department pursuant to M.G.L. c. 119, § 51A. When
				an oral report is made by contacting the statewide Child-At-Risk-Hotline
				(1-800-782-5200), the mandated reporter shall follow their report to the
				Child-At-Risk-Hotline within 48 hours with a written report to the Department
				detailing the suspected abuse or neglect.
(b) Any other person seeking to report known
				or suspected abuse or neglect of a child during non-business hours shall
				contact the statewide Child-At-Risk-Hotline (1-800-782-5200).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.21 - Screening of Reports of Alleged Abuse or Neglect

Current through Register 1525, July 5, 2024
(1) Upon receipt of a 51A report, the
				Department shall, pursuant to M.G.L. c. 119, § 51B, immediately gather
				information related to the report, referred to as "screening a report". The
				purpose of screening a report is to:
(a)
				Identify children at risk of abuse or neglect from a caregiver or at risk of
				sexual exploitation or human trafficking;
(b) Gather information necessary to make a
				screening decision as to whether the Department should initiate a response
				pursuant to M.G.L. c. 119, § 51B;
(c) Determine if an emergency 51B response is
				required;
(d) Complete any
				mandatory referrals to the District Attorney, or local law enforcement;
				and,
(e) Refer the reporter to
				other authorities, including the police, District Attorney, licensing agency,
				as applicable.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.22 - Screening Process: Information Gathered by the Department

Current through Register 1525, July 5, 2024
(1) During the screening process, the
				Department shall gather information related to the 51A report from a variety of
				sources as follows:
(a) Gather relevant
				information from the reporter;
(b)
				Review Department files and Central Registry for any Department involvement
				with any family member, caregiver, and any other person who lives in the
				household where the child(ren) resides, or who is otherwise connected to the
				allegations in the report;
(c)
				Consult with the Department social worker assigned to the family, if the family
				is currently involved with the Department;
(d) Obtain Criminal Offender Registry
				Information (CORI), Sex Offender Registry Information (SORI), and the national
				crime history database check for the child(ren)'s parent(s), persons 15 years
				of age and older who reside in the household of the child(ren) or are otherwise
				connected to the allegation(s), and anyone alleged to be responsible for the
				abuse or neglect;
(e) Request
				records from other state child welfare agencies, if the Department learns of
				prior or current family involvement with other state child welfare
				agencies;
(f) Request information
				from local law enforcement to review law enforcement activity at the home or
				concerning a family member, caregiver, and any other person who lives in the
				household where the child(ren) resides, or who is otherwise connected to the
				allegations in the report;
(g)
				Contact other persons who may have information about the allegations;
(h) Utilize search tools as needed to gather
				information to identify caregivers and inform the screening decision;
				and
(i) Complete other activities
				as required by the Department's Protective Intake Policy.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.23 - Screening Reports with a Potential Conflict of Interest

Current through Register 1525, July 5, 2024
(1) If a 51A report concerns a Department
				employee, a member of a Department employee's household; a Department
				employee's non-household immediate family member, or an Area Board Member or
				other citizen advisory group member, the Department shall immediately refer the
				report to the Central Office Special Investigations Unit (SIU) for screening
				and response.
(2) If a 51A report
				concerns a staff member of the SIU or the Case Investigation Unit (CIU), the
				Commissioner or designee shall determine which Area Office or contracted agency
				will conduct the Screening and response.
(3) If a 51A report concerns foster parent(s)
				or pre-adoptive parent(s), the Area Office covering the geographic area of the
				home shall begin the screening process by ensuring the immediate safety of the
				child(ren). After recording the initial information from the reporter, the Area
				Office shall transfer the 51A report to the SIU to complete the screening and
				response as necessary, unless the director of the SIU determines it would be
				more expedient for the Area Office to complete the response.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.24 - Screening Decision - Emergency Response, Non-emergency Response or Screen Out Report

Current through Register 1525, July 5, 2024
The Department shall immediately screen a 51A report to
				  determine if the report reflects an emergency situation requiring an emergency
				  51B response.
(1)
Emergency
				51B Response
. An emergency response is required when the
				Department determines the failure to take immediate action would pose a
				substantial risk of death, serious emotional or physical injury, or sexual
				abuse of a child(ren).
(2)
Non-emergency Response
. A non-emergency response
				occurs when the Department determines a child(ren) may have been abused and/or
				neglected or may be at risk of being abused and/or neglected by a caregiver or
				a child(ren) has been or may be at risk of sexual exploitation and/or human
				trafficking, and the situation as reported does not pose a substantial risk of
				death, serious emotional or physical injury, or sexual abuse to a
				child(ren).
(3)
Screen
				Out Report
. Where the Department determines the report does not
				meet the Department's criteria of suspected abuse or neglect and a response is
				not required, the Department may close the report, referred to as "screening
				out" the report. A report may be screened out if it meets any of the following
				criteria:
(a) The report does not involve a
				child(ren);
(b) The report involves
				a child(ren), but the allegations are not within the Department's mandate
				concerning abuse or neglect of children;
(c) The alleged perpetrator is not a
				caregiver, unless the report involves allegation of sexual exploitation or
				human trafficking. The Department may not screen out a report on the sole basis
				that no alleged perpetrator is identified or that the alleged perpetrator is
				unknown.
(d) The incident or
				condition reported by the reporter is so outdated that there are no children
				who might be currently at risk for abuse or neglect; or
(e) The report is demonstrably
				unreliable.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.24A - Screening - Identification of Family Members

Current through Register 1525, July 5, 2024
Prior to the initiation of an investigation, the screener
				  shall identify all family members that are known to the screener. For the
				  purpose of screening and investigation, family is defined as all family members
				  and other individuals residing in the home, children in DCF placements,
				  children residing out of the home, and any parent/parent substitute living out
				  of the home.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.25 - Documentation and Notification of a Screening Decision

Current through Register 1525, July 5, 2024
(1)
Documentation of Screening
				Activities
. The Department shall document all activities conducted
				during the screening process on a form established by the Department,
				maintained in electronic or paper copy.
(2)
Entry in the Central
				Registry
. The Department shall enter information from each 51A
				report into the Department's Central Registry, including reports the Department
				screens out. If the Department determines during the screening process that the
				51A report is an invalid allegation, the Department shall indicate such in the
				intake form in the Central Registry.
(3)
Notification to Mandated
				Reporters of a Screen Out Decision
. The Department shall send a
				written notice to a mandated reporter if the Department decides to take no
				further action on a report (screens out) filed by the mandated reporter by mail
				or through electronic means if available.
(4)
Notification to the District
				Attorney and Local Law Enforcement
. At any point in the screening
				process, if the Department determines the report requires a mandatory referral
				to the District Attorney and local law enforcement, the Department shall
				immediately make such notification in accordance with
				110
				CMR 4.50 through
				4.54.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.26 - Time Frame for Commencing and Completing the 51B Response

Current through Register 1525, July 5, 2024
(1) The Department shall commence an
				emergency response within two hours of receipt of the report by the Department
				and shall complete the emergency response within five business days of
				receipt.
(2) The Department shall
				commence the response for a non-emergency report within two business days of
				receipt of the report by the Department. The Department shall complete the
				non-emergency response within 15 business days of receipt of the report, unless
				extended in accordance with Department's Protective Intake Policy.
(3) The result of all 51B responses shall be
				in writing, entered onto a standard "51B response" form as established by the
				Department, which may be electronic.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.27 - The Department's 51B Response: Viewing the Subject Child

Current through Register 1525, July 5, 2024
(1) The Department commences a 51B response
				to all screened in reports (emergency and nonemergency) pursuant to M.G.L. c.
				119, § 51B. Through the 51B response, the Department gathers information
				to determine:
(a) the existence, nature,
				extent and cause or causes of the alleged abuse or neglect and other conditions
				affecting the safety and well-being of the child(ren);
(b) the identity of the person or persons
				alleged to be responsible therefor, if possible, and whether to list the person
				as an "alleged perpetrator" in the Department's Central Registry; (c) the name,
				ages and condition of all other children in the same household; and
(d) the Department's intervention, if any, to
				safeguard the child(ren)'s safety and well-being.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.28 - The Department's Response: Collecting Additional Information

Current through Register 1525, July 5, 2024
(1) In an emergency response, within 24 hours
				after receipt of the 51A report, the Department shall make an initial
				determination as to the child(ren)'s safety and whether to seek custody of the
				child(ren).
(2) In a non-emergency
				51B response, the Department shall proceed with the 51B response, collect
				additional information, and as applicable shall:
(a) Make any collateral contacts necessary to
				obtain reliable information related to the reported incident and the
				child(ren)'s condition. response workers may only disclose limited information
				about the child(ren) and the family as is reasonably necessary to obtain
				information regarding the allegations made in the 51A report. While collateral
				contacts are included as sources of information, the parent(s) or caregiver(s)
				of the subject child(ren), the subject child(ren) themselves, and the reporter,
				shall be considered the primary sources of information;
(b) Visit all children and the home within
				three business days of receipt of the report;
(c) Visit and interview the parent(s) and
				other individuals living in the home a minimum of one time, the initial visit
				to occur in the home within three business days after receipt of the 51A
				report;
(d) Contact any parent or
				parent substitute living out of the home, who can be located, a minimum of one
				time. The nature of the contact is determined by the response worker and
				supervisor;
(e) Complete any
				screening processes not completed during the screening process;
(f) Interview the person alleged to be
				responsible for the incident(s) of abuse or neglect;
(g) Consult with the District Attorney or law
				enforcement where the District Attorney or law enforcement is investigating the
				same allegations in the report; and
(h) Complete any other activities required by
				the Department's Protective Intake Policy.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.29 - Emergency Removal of Child(ren)

Current through Register 1525, July 5, 2024
(1) Emergency
				removal pursuant to M.G.L. c. 119, § 51B is an extreme measure requiring
				dire circumstances. Before arriving at a decision to effect an emergency
				removal, the response worker shall consider the potential harm to the
				child(ren) caused by such removal.
(2) A child may be immediately taken into
				custody if, after viewing the child, the Department's response worker finds
				reasonable cause to believe:
(a) A condition
				of serious abuse or neglect (including abandonment) exists;
(b) As a result of that condition, removal of
				the child is necessary to avoid a substantial risk of death or serious
				emotional or physical injury or sexual abuse to the child(ren);
(c) The nature of the emergency is such that
				there is inadequate time to seek a court order for removal; and
(d) Reasonable efforts to prevent the removal
				have been made or considered and are not sufficient to mitigate the risk of
				harm to the child(ren).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.30 - Institutional Settings, Additional Screening and Response Procedures

Current through Register 1525, July 5, 2024
(1) All reports of abuse or neglect of
				children in an institutional setting, which includes a foster home, shall be
				made to the Department pursuant to the provisions of M.G.L. c. 119, § 51A
				through 51F.
(2) The Department
				shall address all reports of abuse or neglect of children in the institutional
				setting according to the same procedures as all other 51A reports, except that
				the Department's response worker shall also visit the institution in question
				in connection with the response.
(3) The Department shall notify the
				Department of Early Education and Care (EEC), Department of Elementary and
				Secondary Education (DESE), Department of Mental Health (DMH), Department of
				Developmental Services (DDS), Department of Public Health (DPH), or Department
				of Youth Services (DYS) when the Department receives and after the Department
				screens a report alleging that abuse or neglect of a child occurred at a
				facility owned, operated or funded, in whole or in part, by the relevant
				agencies, or at a facility operated by a person or entity subject to licensure
				or approval by any of said agencies to coordinate any investigations related to
				the report.
(4) The Department
				shall notify the director of a facility when the Department initiates a
				response due to a report involving the facility.
(5) During the Department's response, the
				Department's response worker may be accompanied by an employee of EEC, DESE,
				DMH, DDS, DPH, or DYS, if said agency is responsible for the institution in
				question, and if the Department and said agency have previously entered into an
				interagency agreement which details procedures for such joint activities,
				including but not limited to procedures to minimize the number of interviews of
				and trauma to any child victim.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.31 - Assignment of Second or Subsequent Reports for Response

Current through Register 1525, July 5, 2024
When the Department receives a second or subsequent report
				  that involves the same child(ren) or caregiver involved in an open 51B
				  response, the Department will in most cases, assign the same response worker to
				  respond to the new report. The Department may assign a different response
				  worker to the subsequent report due to the timing or nature of the subsequent
				  report.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.32 - The Response Decision - Supported, Substantiated Concern, or Unsupported

Current through Register 1525, July 5, 2024
(1) Based on the
				facts gathered during the response, the assessment of parental capacities, the
				results of the risk assessment tool, and clinical judgement, the response
				worker, in consultation with the supervisor determines the following:
(a) A finding on the reported allegations(s)
				or discovered conditions, including a finding on any person(s) responsible,
				and
(b) A determination as to
				whether Department intervention is necessary to protect the safety and
				well-being of the child(re) and mitigate identified risks. Circumstances to
				consider when determining whether intervention is necessary include:
1. The role of the alleged
				perpetrator;
2. The current and
				potential threat posed by the alleged perpetrator; and
3. The actions of the parent(s) or
				caregiver(s) and their ability to maintain safety.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.33 - Notice of Unsupported Response Decision

Current through Register 1525, July 5, 2024
(1) When the Department determines a report
				is unsupported, the Department shall issue written notice of the response to
				the following interested persons, as applicable at their current or last
				address or email:
(a) The parent(s) or
				caregiver(s):
1. If both parents, have custody
				of the child(ren), notice will be sent to both parents.
2. If only one parent has custody of the
				child(ren) by court-order, notice will be sent only to the parent(s) with
				court-ordered custody of the child(ren).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.34 - Notice of Supported or Substantiated Concern Response

Current through Register 1525, July 5, 2024
(1) When the Department determines a report
				is supported or there is a substantiated concern, the Department shall issue
				written notice of the response to the following persons at their current or
				last known address or email, as applicable:
(a) The parent(s) or caregiver(s) of the
				child, within 48 hours of completing the response, except in circumstances
				addressed below in subdivision
				110
				CMR 4.34(1)(d).
1. If both parents have custody of the
				child(ren), notice will be sent to both parents.
2. If only one parent has custody of the
				child(ren) by court-order, notice will be sent only to the parent(s) with
				court-ordered custody of the child(ren).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.35 - Institutional Settings: Coordination between Agencies

Current through Register 1525, July 5, 2024
(1) The Department shall make its employees
				available to testify at administrative hearings held by EEC, DESE, DMH, DDS, or
				DYS in connection with matters reported by the Department to any of said
				agencies pursuant to
				110
				CMR 4.34.
(2) After the Department provides a copy of
				the 51A report and 51B response to any agency pursuant to
				110
				CMR 4.34, the agency in question is
				responsible for any further action to ensure that adequate steps have been or
				will be taken to prevent re-occurrence of incidents of abuse or neglect of
				children in the institution in question. The Department remains responsible 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 › Intake for Protective Service Delivery › Section 4.36 - Central Registry Listing

Current through Register 1525, July 5, 2024
(1) Pursuant to
				M.G.L. c. 119, § 51F, the Department maintains a Central Registry that
				contains identifying information on children who were the subject of a report,
				and their families. The Registry also includes the outcome of any resulting
				response, including the name of any person found to be responsible for child
				abuse or neglect and the name of any individual listed in the Registry of
				Alleged Perpetrators.
(a) Whenever the
				Department finds the allegations in a 51A report to be supported and the
				person(s) responsible for the abuse or neglect is known, that person is named
				as the person responsible for the abuse or neglect in the Department's Central
				Registry.
1. If there is substantial evidence
				the person(s) named is responsible for the abuse or neglect and the report was
				referred to the District Attorney as a mandatory referral pursuant to M.G.L. c.
				119, § 51B(k) and
				110
				CMR 4.51, the identified person(s) is also
				listed on the Registry of Alleged Perpetrators.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.37 - Access to the Central Registry

Current through Register 1525, July 5, 2024
(1) Department
				staff may have access to the Central Registry for the following purposes:
(a) Screening applications for employment,
				volunteer work or a student internship, with the Department, or one of its
				contracted providers, for a position with direct contact with clients and
				children;
(b) Screening
				applications to become foster or adoptive parents;
(c) Screening a 51A report;
(d) Conducting a 51B response;
(e) Assisting in providing services to any
				child in the care or custody of the Department; or (f) Assisting in providing
				services to a family with an open case with the Department.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.39 - Access to the Registry of Alleged Perpetrators

Current through Register 1525, July 5, 2024
(1) The Department staff may access the
				Registry of Alleged Perpetrators for the following purposes, only:
(a) Screening applications for employment,
				volunteer work or a student internship, with the Department, or one of its
				contracted Providers, for a position with direct contact with clients and
				children;
(b) Screening
				applications to become foster or adoptive parents;
(c) Screening a 51A report;
(d) Conducting a 51B response;
(e) Assisting in providing services to any
				child in the care or custody of the Department; or (f) Assisting in providing
				services to a family with an open case with the Department.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.38 - Registry of Alleged Perpetrators Listing

Current through Register 1525, July 5, 2024
(1)
				The Department shall pursuant to M.G.L. c. 18B, § 7(b) create and maintain
				a Registry of Alleged perpetrators as a component of the Central Registry. The
				Registry of Alleged Perpetrators shall be indexed by the name of the alleged
				perpetrator. The Registry of Alleged Perpetrators shall contain the following
				information on the alleged perpetrator:
(a)
				Name;
(b) Date of Birth;
(c) Social Security Number;
(d) Sex;
(e) Address;
(f) Date of Listing;
(g) Allegation;
(h) Cross Reference to Victim; and
(i) Relationship to
				Victim.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Intake for Protective Service Delivery › Section 4.40 - Department Decision-making Authority for Children in Custody Pursuant to a Court Order

Current through Register 1525, July 5, 2024
The Department shall exercise the following rights and duties
				  as to any child in the court-ordered custody of the Department, in addition to
				  the rights and duties enumerated in M.G.L. c. 119, § 21 pertaining to the
				  definition of "custody":
(1)
Interview of Children
. The Department's authority to
				allow an interview with a child in the Department's custody, pursuant to a
				court order, is limited under
				110
				CMR 4.40(1)(a) and (b).
				Interviews of a child conducted by social workers employed by the Department
				are not included in this subpart.
(a)
All Law Enforcement Officials
. The Department, foster
				or pre-adoptive parent(s) or other Department providers caring for the
				child(ren) in the Department's custody may not consent to having a child
				interviewed by a police officer or representative of the District Attorney's
				Office if the child is a possible or known defendant in a criminal action. The
				Department may go to court and request the appointment of a Guardian
Ad
				Litem
with authority to determine whether the child should or will
				consent to participation in any kind of law enforcement interview or
				interrogation.
(b)
All
				Other Requests
. The Department, upon receipt of any other
				interview request, shall make all reasonable efforts to consult with the
				parent(s).
1. If contact with the parent(s)
				is made, the Department shall honor the parent's(s') wishes, unless the
				Department determines that the parent's(s') wishes are contrary to the best
				interests of the child.
2. If the
				Department is unable to contact the parent(s), the Department may not consent
				to such interviews, unless there are special circumstances under which the
				interview would further the best interests of the child, in which case the
				Department may consent.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 4.00 - Intake › Abuse or Neglect in an Institutional Setting › Section 4.41 - How Handled

Current through Register 1525, July 5, 2024
All reports of abuse or neglect of children in an
				  institutional setting shall be handled by the Department in the same manner as
				  all other reports (see
				  110
				  CMR 4.20 et seq.) except that the
				  Department's investigator shall also visit the institution in question in
				  connection with the investigation.
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 4.43 - Telephone Notice

Current through Register 1525, July 5, 2024
The Department may, in appropriate circumstances, notify the
				  Department of Early Education and Care (EEC), Department of Elementary and
				  Secondary Education (DESE), Department of Mental Health (DMH), Department of
				  Developmental Services (DDS), Department of Public Health (DPH), or Department
				  of Youth Services (DYS) by telephone in an instance where the Department has
				  received and screened in a report alleging that abuse or neglect of a child has
				  occurred at a facility owned, operated, or funded, in whole or in part, by any
				  of said departments or office, or at a facility operated by a person or entity
				  subject to licensure or approval by any of said departments or office. Said
				  telephone notice may be given in appropriate cases where coordination between
				  agencies during the investigation would minimize interviews of and trauma to
				  any child-victim, or would otherwise be beneficial.
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 4.44 - Accompaniment of Department Investigator

Current through Register 1525, July 5, 2024
During the Department's investigation process, the
				  Department's investigator may be accompanied by an employee of EEC, DMH, DDS,
				  DPH, or DYS, if said department or office is responsible for the institution in
				  question, and if the Department and said department or office have previously
				  entered into an Interagency Agreement which details procedures for such joint
				  activities including but not limited to procedures to minimize the number of
				  interviews of and trauma to any child-victim.
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 4.45 - Information Sharing

Current through Register 1525, July 5, 2024
(1) After
				completion of its investigation, the Department shall notify EEC, DESE, DMH,
				DDS, DPH, or DYS in writing by transmitting to the commissioner or director of
				that office or department a copy of the report received by the Department under
				M.G.L. c. 119, § 51A and a copy of the report prepared by the Department
				under M.G.L. c. 119, § 51B, if:
(a) the
				Department has supported said report; and
(b) the Department has reason to believe that
				abuse or neglect may have occurred at a facility owned, operated, or funded, in
				whole or in part, by any of said departments or office, or at a facility
				operated by a person or entity subject to licensure or approval by any of said
				departments or office. In the event that EEC shares with one or more other
				state department(s) (DMH, DDS, DPH, or DYS) responsibility for licensing,
				funding or approving a facility as set forth in 110 CMR 4.45(a) and (b), the
				Department shall always notify EEC and may at the Regional Director's
				discretion also notify DMH, DPH, DYS, or DDS.