reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 16.00 - Requests For Research › Section 16.03 - Department Review Committee

Current through Register 1525, July 5, 2024
The Department will establish a research review committee which
				will consist of three to five standing members appointed by the Commissioner to
				provide clinical, legal, operational, research and information system
				expertise. The Commissioner will designate one member as the chair.
The purpose of the research review committee is to review
				requests for access to Department data by researchers. The committee will
				convene as necessary to consider all conforming research proposals. Proposals
				will be evaluated according to the criteria for approval set forth in
				110 CMR
				16.02.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 16.00 - Requests For Research › Section 16.04 - Procedures for Processing Research Proposals

Current through Register 1525, July 5, 2024
(1) A
			 researcher must contact the Department's Research Review Committee Chair to
			 initiate a research proposal, who will provide the researcher with a copy of
			 the Department research policy.
(2)
			 Research proposals are initially reviewed by the Department for conformity with
			 the following required components:
(a) A
			 research proposal including at least the following:
1. objective(s) of research;
2. preliminary description of research
			 methodology;
3. type(s) of data
			 needed;
4. expected data
			 source(s);
5. expected end-products
			 of the research;
6. estimate of
			 completion times for entire project and principal stages;
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 16.00 - Requests For Research › Section 16.05 - Notification of Approval/Disapproval

Current through Register 1525, July 5, 2024
The Committee shall determine whether to approve or disapprove
				a research request, and shall thereupon notify the requesting researcher(s) as
				soon as possible in writing. If a request is approved, further arrangements
				regarding collection and/or provision of data will be made between the
				researcher and the Department.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				110 CMR 18.00 et seq. is to
				establish standardized procedures for the Department and Department funded or
				operated programs regarding the review of criminal records of candidates for
				employment or regular volunteer or training positions, as well as for foster
				and pre-adoptive parents. The Criminal History Systems Board (CHSB) has
				authorized Executive Office of Health and Human Services (EOHHS) agencies and
				their vendor agencies to receive criminal record information regarding present
				or prospective employees in any 411) program funded or operated by such
				agencies. The CHSB has also authorized the Department to receive criminal
				record information regarding present or prospective foster and adoptive parents
				and their household members.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.02 - Policy

Current through Register 1525, July 5, 2024
In order to ensure that employees or other persons regularly
				providing client or support services, including foster/pre-adoptive parents, in
				any program or facility of the Department or in vendor agency programs funded
				by the Department are appropriate for serving in their positions with potential
				for unsupervised contact, a Criminal Offender Record Information (CORI) check
				shall be performed on candidates for positions in such programs or facilities,
				as provided in
				110 CMR 18.00. It is the
				policy of EOHHS and the Department that convictions of certain crimes pose an
				unacceptable risk to the vulnerable populations served by the Department and
				its vendor agencies.
				110 CMR 18.00 sets forth
				minimum standards.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.03 - Scope

Current through Register 1525, July 5, 2024
110 CMR 18.00 applies
				to:
(a) applicants for positions,
			 including employment, trainee, volunteer or intern, which entail potential
			 un-supervised client contact in the Department and/or Department funded vendor
			 agency programs that pro-vide people with Department services;
(b) persons seeking to apply to become
			 foster/pre-adoptive parents, foster/pre-adoptive parent applicants and
			 foster/pre-adoptive parents for Department and any vendor agency providing
			 foster or adoptive services for the Department;
(c) candidates for positions in the
			 Department, including employment, trainee, volunteer or intern, which do not
			 entail the potential for unsupervised client contact; and
(d) At the discretion of the Department
			 vendor agency programs, the scope of
			 110 CMR 18.00 may be expanded
			 to include volunteers, interns, students or other persons regularly offering
			 support to any program or facility in either a paid or unpaid capacity whose
			 services do not entail the potential for unsupervised client contact.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.05 - Applicant Disclosure of Criminal Record Information

Current through Register 1525, July 5, 2024
All applicants for a position in the Department or a vendor
				agency program shall complete an application form that contains a section
				requiring the applicant to disclose whether or not he/she has a criminal record
				and what crimes, if any, he or she has been convicted of, consistent with the
				requirements of M.G.L. c. 151B, § 4, para 9. The application shall not
				require an applicant to disclosure:
(a) an arrest, detention, or disposition
			 regarding any violation of law in which no conviction resulted; or
(b) a first conviction for any of the
			 following misdemeanors: drunkenness, simple assault, speeding, minor traffic
			 violations, affray, or disturbance of the peace; or
(c) any conviction of a misdemeanor where the
			 date of such conviction or the completion of any period of incarceration
			 resulting therefrom, whichever date is later, occurred five or more years prior
			 to the date of such application for employment or such request for information,
			 unless such person has been convicted of any offense within five years
			 information. No application for employment shall be considered complete unless
			 the applicant completes this section.
Prospective foster/pre-adoptive parents or foster/pre-adoptive
				parent applicants for the Department or a vendor agency program will be
				required to disclose whether or not he/she has a criminal record, including the
				crimes charged and the disposition of the charge.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.06 - Community Service and Work Release Workers

Current through Register 1525, July 5, 2024
Any Department or vendor agency program that participates in
				either a criminal justice related community service program or a work release
				program shall require all individuals who participate and would have potential
				unsupervised contact with clients to disclose his/her criminal record in
				conformance with
				110 CMR
				18.05 on a form signed by the candidate's
				criminal justice official. In addition, as a condition of participation, the
				candidate's criminal justice official must conclude in writing that the
				individual will not pose an unacceptable risk to program clients or the
				community service program or work release program will take responsibility for
				providing supervision for the individual at all times.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.07 - Hiring Authority Responsibilities

Current through Register 1525, July 5, 2024
(1) The hiring
			 authority shall ensure that each applicant provides consent to a CORI
			 investigation as part of his/her application and to the periodic conduct of
			 further CORI investigations during the course of employment with Department or
			 the vendor agency program. The hiring authority shall also inform the applicant
			 that his or her CORI may be utilized by the criminal justice official or
			 qualified mental health professional conducting themselves in conformance with
			 110 CMR
			 18.06,
			 18.10,
			 18.11;
			 and Department personnel responsible for carrying out the provisions of
			 110 CMR
			 18.08,
			 18.09,
			 18.10,
			 18.11
			 and
			 18.13. Such consent and
			 notification shall be included in the hiring authority's employment application
			 form.
(2) The hiring authority
			 shall require, as a condition of an offer of a position, the satisfactory
			 completion of the CORI investigation. The hiring authority shall confirm an
			 offer of a position only after the hiring authority receives written
			 confirmation that the criminal record investigation has resulted in a finding
			 of "no record" or until the hiring authority has complied with the requirements
			 of
			 110 CMR
			 18.08,
			 18.09,
			 18.10 and
			 18.11
(3) The hiring authority shall
			 review positive findings from the CORI
(4) The hiring authority shall not permit any
			 candidate to commence employment or other service until after the candidate is
			 cleared as a result of the CORI investigation, in accordance with
			 110 CMR 18.00.
(5) For all foster/pre-adoptive parents, the
			 hiring authority shall conduct a CORI investigation on the foster/pre-adoptive
			 parents as well as any household member 14 years of age or older. The hiring
			 authority may conduct a CORI investigation on any household member under 14
			 years of age about whom the hiring authority has concerns that the person may
			 pose a risk to a child placed in the home.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.08 - CORI Investigations

Current through Register 1525, July 5, 2024
(1)
Department Employees, Volunteers, Interns, Trainees
.
(a) All applicants shall complete the
			 appropriate CORI request form.
(b)
			 After the hiring authority makes a conditional offer of a position to an
			 individual, subject to consideration of any criminal record, the completed CORI
			 request form or electronic equivalent shall be forwarded to the Department
			 Central Office Background Record Check (BRC) Unit, in accordance with
			 Department policy.
(c) All CORI
			 investigations that result in a finding of "no record" shall be transmitted
			 back to the hiring authority and shall provide sufficient evidence of
			 suitability for hire for 60 business days. A "no record" finding may be valid
			 for consideration for other positions during this 60 day period.
(d) All CORI investigations that show
			 findings of criminal records shall be sent immediately to the hiring authority
			 for review consistent with
			 110 CMR 18.00.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.09 - Findings from CORI Investigations

Current through Register 1525, July 5, 2024
(1) If the CORI
			 investigation reveals a finding of "no record", such finding shall be
			 documented in the candidate's file.
(2) If the CORI investigation reveals a
			 "lifetime presumptive disqualification" on the candidate's record, as specified
			 in
			 110 CMR
			 18.10(1), the candidate
			 shall be informed by the hiring authority that he or she is ineligible for any
			 position in a Department or a vendor agency program where there is potential
			 unsupervised contact with persons applying for or receiving services, unless
			 there is compliance with the provisions of
			 110 CMR 18.10
			 and
			 18.11.
			 If the CORI investigation reveals a "lifetime presumptive disqualification" on
			 the foster/pre-adoptive parent's record, as specified in
			 110 CMR
			 18.10(1), the
			 foster/pre-adoptive parents shall be informed by the Department or vendor
			 agency program that he or she is ineligible to be a foster/pre-adoptive parent
			 unless there is compliance with the provisions of
			 110 CMR 18.10
			 and
			 18.11.
(3) If the CORI investigation reveals a
			 "discretionary disqualification" on the candidate's record, as specified in
			 110 CMR
			 18.10(2), the candidate
			 shall be informed by the hiring authority that he or she is ineligible for any
			 position in a Department or vendor agency program where there is potential
			 unsupervised contact with persons applying for or receiving services, unless
			 there is compliance with the provisions of
			 110 CMR 18.10
			 and
			 18.11.
			 If the CORI investigation reveals a "discretionary disqualification" on the
			 foster/pre-adoptive parent's record, as specified in
			 110 CMR
			 18.10(3), the
			 foster/pre-adoptive parents shall be informed by the Department or vendor
			 agency program that he or she is ineligible to be a foster/pre-adoptive parent
			 unless there is compliance with the provisions of
			 110 CMR 18.10
			 and
			 18.11.
(4) If the CORI investigation reveals that
			 the candidate has an outstanding warrant for any offense, the candidate shall
			 be informed by the hiring authority that he or she is ineligible for any
			 position in the Department or a Department funded or operated program where
			 there is potential unsupervised contact with persons applying for or receiving
			 services, unless the warrant is removed.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.10 - Disqualification

Current through Register 1525, July 5, 2024
(1)
Lifetime Presumptive
			 Disqualification
. A candidate shall be ineligible for a position
			 in the Department or a Department funded or operated program which entails
			 potential unsupervised contact with persons receiving services if he or she has
			 been convicted of, has any pending charges, involving crimes listed in
			 110 CMR 18.16:
			 Table A unless:
(a) the candidate's criminal
			 justice official
1. concludes in writing that
			 the candidate, within the position sought in the Department or in a Department
			 vendor agency program, does not pose an unacceptable risk of harm to the
			 persons served by the program, or
2. has been determined by the hiring
			 authority to be unavailable or has indicated to the hiring authority that
			 he/she has insufficient information to render an assessment, then the hiring
			 authority shall, at the candidate's request, seek an assessment (the cost of
			 which shall be borne by the hiring authority) of the candidate's risk of harm
			 from a qualified mental health professional and the qualified mental health
			 professional concludes in writing that the candidate, within the position
			 sought in Department or a Department funded or operated program, does not pose
			 an unacceptable risk of harm to the persons served by the program;
			 and
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.11 - Provisions for Review of a Candidate in any Discretionary Category

Current through Register 1525, July 5, 2024
(1) Each candidate for whom the CORI
			 investigation reveals a "lifetime presumptive disqualification", who has
			 otherwise met the requirements for further consideration set forth in
			 110 CMR 18.10,
			 or a "discretionary disqualification" shall, unless the hiring authority has
			 decided to withdraw the conditional offer of a position, receive additional
			 review by the hiring authority to determine if the candidate poses an
			 unacceptable risk of harm to the persons served by the program within the
			 position sought. In reviewing the candidate's appropriateness for employment
			 given the concern for client safety, due weight shall be given to the following
			 factors:
(a) Time since the
			 conviction;
(b) Age of the
			 candidate at the time of the offense;
(c) Seriousness and specific circumstances of
			 the offense;
(d) The nature of the
			 work to be performed;
(e) The
			 number of offenses;
(f) Any
			 relevant evidence of rehabilitation or lack thereof;
(g) Any other relevant information, including
			 information submitted by the candidate or requested by the hiring authority.
Information considered pursuant to 110 CMR 18.11(1)(g) may
				include documentation from the candidate's criminal justice official, if not
				already supplied pursuant to
				110 CMR
				18.10(1), or treating
				professional or other knowledgeable source, such as, the police, courts, or
				prosecuting attorneys.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.12 - Dissemination

Current through Register 1525, July 5, 2024
CORI records may be disseminated only to individuals certified
				by the CHSB to receive such information, such as designated representatives of
				the hiring authority or the CORI Coordinator. The hiring authority shall
				maintain a listing of persons so certified. Willful dissemination of Criminal
				Offender Record Information to unauthorized individuals is punishable by a jail
				sentence of up to one year and/or a fine of $ 5,000 in addition to civil
				penalties, pursuant to M.G.L c. 6, § 178.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.13 - Incidents

Current through Register 1525, July 5, 2024
Any hiring authority receiving an allegation that an employee
				with a positive CORI history has harmed a client in a Department or vendor
				agency program shall immediately report the allegation to the person designated
				by the Department for such purposes. Upon request, the hiring authority shall
				provide the Department with documentation of the basis for the hiring
				decision.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.14 - Severability

Current through Register 1525, July 5, 2024
If any provisions of
				110 CMR 18.01 through
				18.14, or the applications of such provisions to any person or circumstance are
				held invalid, the other provisions of
				110 CMR 18.01 through
				18.14, or the application of such provisions to any person or circumstance
				other than that as to which it is held invalid, shall not be affected
				thereby.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 18.000 - Criminal Offender Recoed Checks › Section 18.15 - Application

Current through Register 1525, July 5, 2024
To the extent
				110 CMR 18.00 conflict with
				existing Department regulations or policies,
				110 CMR 18.00 shall control.
				110 CMR 18.00 shall apply to
				persons who apply to the Department on or after October 12,
				2001.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 23.00 - Services for Young Adults › Section 23.01 - Introduction to Services for Young Adults

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. Services
				for young adults assist individuals transitioning from foster care to young
				adulthood. These services are provided under conditions agreed upon by both the
				Department and the young adult, and based upon the availability of resources.
				The Department will collaborate with the young adult to develop a plan for
				services that are individualized in accordance with a shared understanding of
				the young adult's needs. The Department will make reasonable efforts to provide
				an array of supports typically needed by young adults.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 23.00 - Services for Young Adults › Section 23.02 - Duration of Services

Current through Register 1525, July 5, 2024
(1) The Department
			 only provides services to young adults up to 22 years of age. The Department
			 may continue services to young adults until 23 years of age if the individual
			 demonstrates that without the provided services the individual will not
			 complete an Associate's or higher degree program.
(2) To the extent that another state agency,
			 including but not limited to, the Department of Mental Health (DMH) or the
			 Department of Developmental Services (DDS), is primarily responsible for such
			 person, the Department may terminate services prior to the young adult's
			 22nd birthday.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 23.00 - Services for Young Adults › Section 23.03 - Eligibility

Current through Register 1525, July 5, 2024
For a young adult to receive services from the Department
				beyond 18 years of age, the young adult must meet one of the age criteria
				listed in 110 CMR 23.03(1), and one of the criteria for either state-supported
				services listed below in 110 CMR 23.03(2)(a), or Title IV-E supported services
				listed in 110 CMR 23.03(2)(b).
(1)
Age Criteria
.
(a) For
			 a young adult to receive state-supported services beyond 18 years of age, the
			 young adult must be:
1. in the care or
			 custody of the Department at 18 years of age and continue under the
			 responsibility of the Department after 18 years of age pursuant to a voluntary
			 placement agreement with the Department;
2. in the care or custody of the Department
			 at 18 years of age or continued under the Department's responsibility after 18
			 years of age, and after termination at 18 years of age or older, later seeks
			 Department services prior to 22 years of age; or
3. a consumer in an open case with the
			 Department at 18 years of age or older.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 23.00 - Services for Young Adults › Section 23.04 - Verification/Documentation

Current through Register 1525, July 5, 2024
The young adult will be required to provide periodic
				documentation that they meet one of the criteria listed in 110 CMR 23.03. The
				Department will utilize the documentation, and other sources, to verify a young
				adult's Title IV-E eligibility a minimum of twice per year.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 23.00 - Services for Young Adults › Section 23.05 - Substitute Care Services

Current through Register 1525, July 5, 2024
(1) Young adults who
			 remain in placement with the Department are to live in either a:
(a) Department licensed foster
			 home;
(b) Department contracted
			 placement such as a foster home, IFC home, congregate care facility, teen
			 living program, independent living program;
(c) another supervised independent living
			 setting, such as a dorm, an apartment, a friend or relative's home;
(d) another setting where the young adult is
			 living and/or renting space; or
(e)
			 upon approval of the Area Director and the Assistant Commissioner over
			 Adolescent Services, another living environment.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 23.00 - Services for Young Adults › Section 23.06 - Young Adult Support Payments

Current through Register 1525, July 5, 2024
(1) The Department
			 may make young adult support payments when the young adult:
(a) demonstrates responsibility and
			 compliance with the agreements made with the Department as set forth in the
			 voluntary placement agreement and the action plan and in monthly meetings with
			 their Department social worker;
(b)
			 is living in a supervised independent living setting;
(c) agrees to monthly visits by the
			 Department Social Worker, or for young adults living out of state with a social
			 worker from the state in which they are living; and
(d) agrees to use the young adult support
			 payments for housing, food and other living expenses.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 23.00 - Services for Young Adults › Section 23.07 - Discharge Support Services

Current through Register 1525, July 5, 2024
The Department may provide discharge financial support to young
				adults who are transitioning to living independently as adults. Discharge
				support payments may include payments toward first and last months rent,
				security deposit, essential household items, or other related needs. These
				services are subject to the limitation of funding received from the federal
				government.
(1)
Eligibility
. A young adult is eligible for discharge
			 financial support if the young adult is:
(a)
			 under the care and responsibility of the Department;
(b) between 18 and 21 years of age;
(c) within three months prior to discharge
			 from a Department placement or is planning to live independently as an
			 adult;
(d) making progress toward
			 development of life skills as specified in the young adult's action
			 plan;
(e) willing to participate in
			 the discharge planning process; and
(f) able to afford the ongoing cost of the
			 apartment or other living arrangement after the discharge support payments have
			 been provided.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.01 - Statement of Philosophy

Current through Register 1525, July 5, 2024
The policy of the Commonwealth of Massachusetts and therefore
				of the Department of Children and Families (Department) is to strengthen and
				encourage family life so that every family can care for and protect its
				children. To that end, the Department will make every reasonable effort to
				encourage and assist families to use all available resources to maintain the
				family unit intact. However, for so long as a family cannot or does not provide
				the necessary amount of care and protection for its children, the Department
				will intervene to protect the right of children to sound health and normal
				physical and mental development. These dual obligations -- to protect children
				and yet simultaneously to respect the right of families to be free from
				unwarranted state intervention -- present an inherently difficult balance to
				strike. Yet, this is precisely the Department's mandate. The effort to balance
				these two basic obligations, above all others, shall govern the Department's
				activities.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.03 - Time Limits

Current through Register 1525, July 5, 2024
(1) A Fair Hearing
			 must be held before the Advisory Board and Commissioner, unless the decision
			 involves the Commission's vocational rehabilitation program or independent
			 living program, in which case the complainant shall be entitled to a Fair
			 Hearing before an Impartial Hearing Officer. A hearing before an Impartial
			 Hearing Officer must be held within 60 days of an applicant or other eligible
			 individual's request for a review of a determination made by the Commission,
			 unless:
(a) resolution
via
a
			 case conference or administrative review, or a mediation agreement is achieved
			 prior to the 60th day; or
(b) both parties agree to a specific
			 extension of time.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.04 - Notice of Rights to Review of Agency Action

Current through Register 1525, July 5, 2024
(1) Every
			 individual shall be informed in writing at the time of application and at the
			 time of notification of any Commission action affecting his or her services of:
(a) the right and the procedures to appeal
			 agency action where applicants for or recipients of services are dissatisfied
			 with delivery or denial of such services
(b) how to contact the Client Assistance
			 Program of the Massachusetts Office on Disability.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.05 - Form to Initiate Review

Current through Register 1525, July 5, 2024
(1) An applicant for
			 or recipient of services from the Commission who is dissatisfied with any
			 specific decision of the Commission with regard to the furnishing or denial of
			 services under any of the programs administered by the Commission may file a
			 request for review and redetermination of that decision by letter addressed to
			 the Deputy Commissioner no later than 30 days after receipt of written or oral
			 notice of that decision.
(2) The
			 letter shall contain the:
(a) Name, address
			 and telephone number of the person seeking review;
(b) Specific service claimed to have been
			 denied or furnished in an unsatisfactory manner;
(c) Name of the Commission employee directly
			 responsible for the decision being grieved; and
(d) Signature of the individual seeking
			 review or of that person's authorized representative.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.06 - General Terms and Provisions

Current through Register 1525, July 5, 2024
(1) With respect to
			 proceedings:
(a) All information relevant to
			 the matter under consideration shall be allowed to be presented at the Case
			 Conference, Administrative Review, Fair Hearing, and Arbitration. All evidence,
			 including any records, investigative reports, documents, and stipulations to be
			 relied upon in making a decision must be offered and made a part of the record.
			 Documentary evidence may be received in evidence in the form of copies or
			 excerpts, or by incorporation by reference.
(b) The rules of evidence observed by courts
			 do not apply to these proceedings, but the presiding officer shall observe the
			 rules of privilege recognized by law. The presiding officer shall consider only
			 evidence and testimony which is pertinent and the kinds of evidence upon which
			 reasonable persons are accustomed to relying in the conduct of serious
			 affairs.
(c) The presiding officer
			 shall exclude unduly repetitious or irrelevant evidence.
(d) Materials submitted to the presiding
			 officer shall be shared with the parties.
(e) Proposed and final decisions at every
			 step of the review process shall be based upon substantial evidence.
(f) The weight attached to any evidence rests
			 within the sound discretion of the presiding officer or panel, as the case may
			 be. The presiding officer may in any case require either party to submit
			 additional evidence on any matter relevant to the proceeding, with appropriate
			 notice to the other party.
(g) With
			 regard to Fair Hearings associated with vocational rehabilitation or
			 independent living services, the Commissioner may not overturn or modify a
			 proposed decision of an impartial hearing officer supporting the consumer's
			 position or any part of such a decision unless the Commissioner concludes,
			 based on clear and convincing evidence, the decision of the impartial hearing
			 officer is clearly erroneous as it is contrary to federal or state law,
			 including Commission regulations and policies.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.07 - Continuation of Services or Benefits Pending Review

Current through Register 1525, July 5, 2024
Unless the complainant so requests, or, in an appropriate case,
				a parent, family member, guardian, advocate or authorized representative of
				such complainant so requests, pending a final determination under
				111 CMR 1.00, the Commission
				shall not institute a suspension, reduction or termination of services being
				provided under the individualized Plan for Employment unless such services have
				been obtained through misrepresentation, fraud, collusion, or criminal conduct
				by or on behalf of the complainant.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.08 - Participants and Roles

Current through Register 1525, July 5, 2024
(1) The consumer
			 and/or authorized representative, the employee and the employee's supervisor(s)
			 shall participate in these proceedings.
(2) The form, duration and extent of
			 participation of other persons is within the discretion of the presiding
			 officer in the interests of achieving timely and fair resolution of the issue
			 or issues in dispute.
(3)
Role of Consumer
.
(a) The consumer may present the case or may
			 be assisted by an authorized representative.
(b) The consumer should be prepared to briefly explain what is
			 being sought from the Commission and to offer relevant information.
(c) The consumer may make a presentation
			 orally or otherwise and present relevant documents and papers to the presiding
			 officer.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.09 - Special Provisions Relating to Nondiscrimination

Current through Register 1525, July 5, 2024
(1) No applicant for or recipient of
			 Department services shall, on the ground of race, creed, color, religion, age,
			 ancestry, marital status, sex, sexual orientation, language, disability,
			 veteran status, or national origin, be excluded from participation in, be
			 denied the benefits of, or otherwise be subjected to discrimination in
			 connection with, any service, program, or activity administered or provided by
			 the Department.
(2)
								110 CMR 1.00 does not prohibit
			 the Department from recruiting foster parents or adoptive parents from groups
			 of persons of specific race, creed, color, religion, age, ancestry, marital
			 status, sex, language, or national origin to permit the pool of available
			 foster and pre-adoptive families to reflect the ethnic and racial diversity of
			 the children needing placement in substitute care.
(3) The Department shall not deny to any
			 person the opportunity to become an adoptive or foster parent, on the basis of
			 the race, creed, color, religion, age, ancestry, marital status, sex, sexual
			 orientation, language, disability, veteran status or national origin of the
			 person, or of the child, involved; or delay or deny the placement of a child
			 for adoption or into foster care, on the basis of the race, color or national
			 origin of the adoptive or foster parent, or the child, involved.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.10 - Administrative Review

Current through Register 1525, July 5, 2024
(1) Within 15 days
			 of the completion of the Case Conference, the Deputy Commissioner shall
			 schedule an Administrative Review by convening a three-member panel appointed
			 by the Commissioner whose members have not taken direct part in the action
			 under consideration, one of whom, whenever possible, shall be the Deputy
			 Commissioner who shall serve as Panel chairperson.
(2) The complainant and/or the complainant's
			 personal representative and the Commission's employees shall be entitled to
			 appear and present relevant information orally or in writing, examine witnesses
			 and present arguments relevant to matters under review.
(3) Within ten days of termination of the
			 Administrative Review, the Deputy Commissioner shall issue the decision of the
			 Panel including therewith any relevant determination of fact and application of
			 law or policy considered in the ultimate decision of the Review
			 Panel.
(4) As part of the decision
			 letter, the Deputy Commissioner shall include a copy of the Commission
			 regulations for Fair Hearings and a statement explaining the complainant's
			 right to appeal the Panel's decision by requesting the same in writing within
			 30 days of the mailing of the final decision of the Administrative Review
			 Panel.
(5) If the complainant does
			 not appeal the decision within 30 days, it shall become final, and the
			 appropriate employee(s) shall initiate its implementation.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.11 - Mediation

Current through Register 1525, July 5, 2024
(1) The Mediation process:
(a) shall be voluntary on the part of the
			 parties;
(b) shall not be used to
			 deny or delay the right of an individual to a hearing or to deny any other
			 right afforded; and
(c) shall be
			 conducted by a qualified and impartial mediator who is trained in effective
			 mediation techniques. The Commission shall maintain a list of individuals who
			 are qualified mediators and knowledgeable in laws (including regulations)
			 relating to the provision of vocational rehabilitation services under the
			 Rehabilitation Act, from which the mediators shall be selected, and shall bear
			 the cost of the mediation process.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.12 - Special Provisions Relating to Refugees/Unaccompanied Refugee Minors

Current through Register 1525, July 5, 2024
(1) The Department
			 provides a range of social services to refugee families, in conjunction with
			 the services of other departments (
e.g.
Transitional
			 Assistance, Mental Health,
etc
.) and in cooperation with the
			 Governor's Advisory Council for Refugees and Immigrants (GACRI) and the
			 Massachusetts Office for Refugees and Immigrants (MORI). The Department offers
			 refugees the full range of services described in 110 CMR. For services
			 available to refugees beyond the social services offered by the Department
			 (
e.g.
food stamps, SSI, ESL training,
etc
.)
			 more information is available by contacting MORI directly, at
			 727-7888.
(2) The Department shall
			 periodically offer training to its social work staff on the cultural and ethnic
			 issues of those refugee populations which are statistically significant in
			 Massachusetts.
(3) The Department
			 operates an Unaccompanied Refugee Minors Program, which provides foster care
			 and case management services to Indochinese (Vietnamese, Cambodian and Laotian)
			 refugee children who arrive in Massachusetts unaccompanied by a parent or
			 immediate relative. In every case the parents of such children are either
			 deceased or of parts unknown. The intent of this program is to reunite such
			 children with a member or members of their family. Services are provided to
			 these minors by providers under contract with the Department. These providers
			 are required to have a demonstrated ability to respond to the cultural and
			 linguistic needs of the refugees they serve. The Unaccompanied Refugee Minors
			 program is fully funded by the federal government through the Office of Refugee
			 Resettlement. At present, a federal regulation requires that such children not
			 be freed for adoption by the states. A proposed amendment to the federal
			 regulation, to allow states to free such children for adoption, awaits
			 enactment. The Department will adhere to the federal regulation in
			 question.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.13 - Use of Commentaries

Current through Register 1525, July 5, 2024
Commentaries are used throughout 110 CMR to clarify certain
				issues, concepts, or problems; as well as to give concrete examples of typical
				situations. The commentaries are intended to be illustrative, but they are
examples only
, and should not be read more broadly than the
				specific facts presented, nor to apply to fact situations different than those
				specifically described.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.14 - Future Changes

Current through Register 1525, July 5, 2024
As 110 CMR go to press, several legislative, fiscal, or
				programmatic changes, which may be implemented over the next several months,
				are pending. As such changes are in fact implemented, 110 CMR will be revised,
				and substitute pages will be issued. In addition, several lists contained
				within 110 CMR (for example, list of antipsychotic drugs) will be revised as
				needed so that they continue to be up to date.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.15 - Severability

Current through Register 1525, July 5, 2024
If any regulation or section, sub-section, sentence, clause,
				phrase or portion thereof is found to be invalid by a court of competent
				jurisdiction for any reason, said portion shall be deemed a separate, distinct,
				and independent provision, and the validity of the other regulations shall not
				be affected.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
111 CMR
				3.00 establishes terms and conditions governing
				operation of the vending facilities program. The purpose of the program is to
				enhance economic opportunities for blind persons. The purpose of
				111 CMR
				3.00 is to provide clarity and coherence in the
				administration of the program.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.02 - Authority

Current through Register 1525, July 5, 2024
111 CMR
				3.00 is promulgated pursuant to 20 U.S.C. c. 6A,
				§ 107 (the Randolph-Sheppard Act), and implementing regulations at 34
				C.F.R. Part 395; M.G.L. c. 6, §§ 129, 130, 131J and 133 through 133E;
				and
				29 U.S.C. Sec.
				701
et. seq
. and
				implementing regulations at 45 CFR Part 395. (
See
definition
				at
				111 CMR 3.03
				).
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.04 - Licensure

Current through Register 1525, July 5, 2024
(1)
Issuance
. The Commission shall issue a license for an
			 indefinite period of time but subject to suspension or revocation to each
			 qualified applicant who has successfully completed the appropriate training
			 program as required by the Director, which license shall specify whether the
			 licensee is authorized to operate a vending machine stand and/or wet stand
			 and/or dry stand and/or cafeteria. Upon the effective date of
			 111 CMR
			 3.00, the Commission shall issue a license to each
			 person who has successfully completed the Program's training course.
(2)
Suspension and
			 Revocation
.
(a) The Commission
			 may suspend or revoke a license it has issued if, after affording the vendor an
			 opportunity for a full evidentiary hearing pursuant to
			 111 CMR 1.00, it finds that
			 the licensee:
1. operated a vending facility
			 in violation of 111 CMR 3.04, the permit, or a vendor's agreement; or
2. is not blind; or
3. is not a United States citizen;
			 or
4. failed to correct violations
			 or to make adequate his or her performance score subsequent to a letter of
			 warning issued pursuant to
			 111 CMR
			 3.12; or
5. received three or more letters of warning
			 within a 12 month period pursuant to
			 111 CMR
			 3.12; or
6. put at serious and immediate risk the
			 particular facility and/or the health, safety or well- being of any
			 individual.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.05 - Training

Current through Register 1525, July 5, 2024
The Commission shall ensure that effective programs of
				vocational and other training services, including personal and vocational
				adjustment, books, tools, and other training materials, shall be provided to
				blind individuals as vocational rehabilitation services under the
				Rehabilitation Act of 1973 ( Pub. L. 93-112 ), as amended. The Commission shall
				ensure that in the selection of applicants for training, preference shall be
				given to individuals in need of employment. Such programs may include
				on-the-job training in all aspects of vending facility operation for persons
				with capacity to operate a vending facility, and upward mobility training
				(including further education and additional training or retraining for improved
				work opportunities) for licensees. The Commission shall further ensure that
				post-employment services shall be provided to licensees as vocational
				rehabilitation services as necessary to assure that the maximum vocational
				potential of such vendors is achieved and available suit able employment is
				maintained within the vending facility program.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.07 - Stock and Equipment

Current through Register 1525, July 5, 2024
(1) At
			 or before the time that a facility is to begin operation, the Commission shall
			 provide such equipment and initial stock as it deems necessary. Right, title
			 and interest in such equipment and stock shall vest in the
			 Commission.
(2) At the time that an
			 outgoing vendor ceases operation of a facility, he shall leave going stock
			 and/or payment for the incoming vendor as described at
			 111 CMR
			 3.13(1).
(3) At his or her expense, the vendor shall
			 clean and repair facility equipment to ensure that it remains in attractive
			 condition and good working order at all times.
(4) When necessary to ensure operation of the
			 facility, the Commission shall replace damaged or obsolete equipment pursuant
			 to Commission guidelines; provided that when such damage results from the
			 intentional or negligent act or acts of the vendor or his agent, either the
			 vendor shall repair or replace the equipment at his or her expense, or, in the
			 event that the vendor fails to so replace or repair, the Commission shall do so
			 and the vendor shall reimburse the Commission.
(5) Fixtures or equipment installed in a
			 facility by the Commission shall not be removed or materially altered, except
			 with the Commission's prior written approval. Additional fixtures or equipment
			 shall not be installed in a facility, except by the Commission or with the
			 Director's prior written approval.