reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.10 - Scheduling

Current through Register 1525, July 5, 2024
(1)
Time Requirements for
			 Hearing
. The hearing shall be scheduled to be held within 65
			 business days from receipt of a request for a Fair Hearing.
(2)
Notification
.
			 Within 20 business days of receipt of a request for a Fair Hearing, the Hearing
			 Office shall send notification of the scheduled hearing date to the Appellant
			 and to the appropriate area office of the Department.
(3)
Expedited
			 Hearings
. The Director of Fair Hearings or designee may, upon
			 request, schedule a hearing in an expedited manner. Examples of appropriate
			 reasons to expedite a hearing include: loss of licensure, employment-related
			 issues or other good cause shown. In addition, the Department will expedite
			 Fair Hearing requests that involve the removal of a child from a
			 Foster/Pre-adoptive home or kinship home, the reduction or termination of
			 services, denial of subsidy or the closure of a Department case. The Department
			 shall use its best efforts to schedule expedited hearings within 45 business
			 days of such request.
(4)
Content of Notice of Scheduled Hearing
. The notice of
			 scheduled hearing shall inform the aggrieved party:
(a) of the date, time and location of the
			 hearing;
(b) that the Appellant may
			 examine and request copies of those portions of his or her file which he or she
			 is legally entitled to, subject to any confidentiality requirements;
(c) that the Appellant may bring witnesses
			 and an Authorized Representative;
(d) that in accordance with
			 110 CMR
			 10.13 the Department may issue subpoenas for
			 witnesses upon request made at least 15 calendar days in advance of the
			 scheduled hearing;
(e) that a
			 translator or interpreter and reasonable accommodations for handicapped persons
			 will be provided if necessary;
(f)
			 that the Appellant may request a rescheduling of the Fair Hearing for good
			 cause and that if such continuance is granted, the Department will schedule the
			 hearing within the next 45 business days, unless the Appellant requests more
			 time and such is granted.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.11 - Representation

Current through Register 1525, July 5, 2024
(1) An Appellant may appear on his or her own
			 behalf and represent himself or herself, or may, if he or she chooses, be
			 accompanied, represented, and advised by any Authorized Representative. Any
			 child may be represented by an Authorized Representative which may include an
			 attorney assigned to represent the child.
(2) The Authorized Representative shall,
			 prior to the scheduled hearing date, submit an appearance to the hearing office
			 containing his or her name, address, telephone number, signature, and the date.
			 The appearance may be on the Request for a Fair Hearing form.
(3) The Authorized Representative may
			 exercise all of the rights and powers of the aggrieved party.
(4) The Department or Provider may appear
			 through a representative and be represented by a departmental attorney. In
			 those circumstances where the Department is represented by a departmental
			 attorney, in order to avoid the appearance of a conflict of interest, that
			 attorney shall not consult with or seek supervision from anyone supervising the
			 Hearing Office or any Hearing Officer assigned to hear the matter.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.12 - Non-English Speaking Parties

Current through Register 1525, July 5, 2024
(1)
Notice
. All notices regarding appellate rights shall
			 contain a provision printed in languages to be determined by the Department,
			 that the document is important and should be translated immediately.
(2)
Interpreters
. If
			 the Appellant cannot fluently speak or read English, he or she may bring an
			 interpreter or she or he may request at the time a Fair Hearing is sought that
			 the Department provide an interpreter.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.13 - Fair Hearings - Subpoenas

Current through Register 1525, July 5, 2024
(1)
Department or Provider Employees
.
(a) The Appellant shall be able to require
			 the attendance of any Department or Provider employee(s) who can provide
			 information relevant to the decision that the Appellant is appealing by
			 submitting a written request to the Hearing Officer at least 15 calendar days
			 before the hearing.
(b) If the
			 requested employee is not available to testify, written notification must be
			 provided to the Appellant at least five calendar days before the hearing,
			 indicating the identity of another employee with direct knowledge of the
			 challenged decision who will be present to testify at the hearing.
(c) If the employee is not available and
			 notice is given to the Appellant, the Appellant may request a continuance until
			 such time as the employee is available; however, if the Appellant requests such
			 continuance the time requirement for scheduling as set for in
			 110 CMR 10.10 shall
			 not apply.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.14 - Discovery

Current through Register 1525, July 5, 2024
(1) The Appellant and/or his or her
			 authorized representative may examine and/or request copies of the Appellant's
			 file to which they are legally entitled, subject to the confidentiality
			 requirements which govern the Department at
			 110 CMR
			 12.00:
Records
, by submitting a
			 written request to the area office or provider at least 30 calendar days prior
			 to the time the Appellant wishes to see the material.
(2) An Appellant shall be entitled to obtain
			 a copy of the "51A and 51B" reports if any, which form the basis of the appeal.
			 To request such documents, the Appellant shall make a written request to the
			 Director of Areas, at least 30 calendar days in advance of the scheduled
			 hearing date. The Area Office shall ensure that the record is available to the
			 Appellant within 30 days from receipt of the request or ten calendar days prior
			 to the hearing, whichever is earlier. In releasing copies of these reports the
			 name of (and any other reasonably identifying data concerning) the reporter
			 shall be redacted. Other information may be redacted if it is privileged
			 (
e.g
. attorney-client communication) or if the release of the
			 information would be contrary to the best interest of the child.
(3) Upon request, copies of papers contained
			 in the Appellant's file shall be provided to the Appellant at a rate of $.10
			 per page. However, the Department shall waive the fee for 20 or fewer
			 pages.
(4) Requests for any other
			 form of discovery must be made in writing and may be made any time after a
			 request for a Fair Hearing has been filed and up to 30 calendar days before the
			 scheduled hearing date. Such requests should include not only the type of
			 discovery requested but the reasons for the necessity of such discovery. The
			 Hearing Officer, Director of Fair Hearings or designee shall rule upon such
			 requests, and shall give each party written notice of this ruling.
(5) It is the Department's specific intention
			 that Fair Hearings not be abused as an opportunity for criminal or civil
			 discovery. The Department's Fair Hearing Officers may, in his or her
			 discretion, limit the Fair Hearing in order to ensure that the Fair Hearing is
			 not so used.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.15 - Motions During Hearing

Current through Register 1525, July 5, 2024
The Appellant, the Department, or the Provider may file written
				motions prior to or during the hearing. The Hearing Officer, the Director of
				Fair Hearings or designee shall rule on all such motions.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.16 - Consolidated Hearings

Current through Register 1525, July 5, 2024
If requests for Fair Hearings involve the same issues of fact
				or law, the hearings may be consolidated upon motion by any party or on motion
				of the Hearing Officer, if all parties to the matters to be consolidated agree
				to the consolidation. Such consent to consolidation shall constitute a waiver
				of any claim of confidentiality for the sole purposes of the
				hearing.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.16A - Dismissal for Failure to Go Forward

Current through Register 1525, July 5, 2024
If the Appellant fails to file documents, respond to notices,
				appear at the scheduled hearing or otherwise indicates an intention not to
				pursue the request for a Fair Hearing, the Hearing Officer, the Director of
				Fair Hearings or designee may dismiss the matter with or without
				prejudice.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.17 - Rescheduling

Current through Register 1525, July 5, 2024
The Hearing Officer, the Director of Fair Hearings or designee
				may reschedule a hearing for good and sufficient cause. The Hearing Officer,
				Director of Fair Hearings or designee shall consider how much advance notice of
				non-attendance was given and the reason for the request. Should any party be
				granted such request, the Department shall schedule the hearing within 45
				business days, unless the Appellant requests additional time and such time is
				granted, and the time requirement for scheduling as set forth in
				110 CMR 10.10(1)
				 shall be extended by the number of
				continuance days granted.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.18 - Submission Without a Hearing

Current through Register 1525, July 5, 2024
The Appellant may request in writing to waive a hearing and to
				have a decision issued based upon written documentation and written argument.
				The Director of the Fair Hearing Office or designee shall have the authority to
				grant or deny such a request. If the request to waive the hearing is granted
				the Appellant may submit documents or other material without
				appearing.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.20 - Hearing Officer's Duties and Powers

Current through Register 1525, July 5, 2024
The Hearing Officer shall have the duty to conduct a Fair
				Hearing so as to ensure that the rights of all parties are protected, and to
				render an impartial decision based upon the issues and evidence presented at
				the hearing and in accordance with the law. He or she shall have the following
				specific duties:
(1) place witnesses
			 under oath or affirmation and to sequester witnesses;
(2) assist all the witnesses in making a full
			 and free statement of the facts in order to bring out all the information
			 necessary to decide the issues involved;
(3) ensure that all parties have a full
			 opportunity to present their claims;
(4) receive, rule on, exclude, or limit
			 evidence (which shall include the right to request that any party produce
			 additional evidence such as witnesses, documents,
etc
. but
			 shall not include the right to require any party to do so);
(5) permit introduction into the record of
			 any regulations, statutes, memoranda, or other materials offered by any party
			 which the Hearing Officer believes relevant;
(6) define the issues;
(7) regulate the presentation of the evidence
			 and the participation of the parties to ensure an adequate and comprehensible
			 record of the proceedings;
(8)
			 issue subpoenas upon request of a party;
(9) examine witnesses;
(10) reconvene the hearing prior to the
			 decision upon ten calendar days written notice of the parties, if
			 necessary.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.21 - Evidence

Current through Register 1525, July 5, 2024
(1)
General
. The
			 Hearing Officer need not strictly follow the rules of evidence. The
			 Massachusetts Rules of Evidence do not apply but the Hearing Officer shall
			 observe any privilege conferred by statute such as social worker-client,
			 doctor-patient and attorney-client privileges. Only evidence which is relevant
			 and material may be admitted and may form the basis of the decision. Unduly
			 repetitious or irrelevant evidence may be excluded.
(2)
Oral Testimony
.
			 Oral testimony shall be given under oath or affirmation; however, changes may
			 be made in the oath if requested on the grounds of religious principles. All
			 testimony shall be subject to the pains and penalties of perjury. Witnesses
			 shall be available for examination and cross-examination.
(3)
Regulations
.
			 Statutes and regulations of a state or federal agency shall be admitted into
			 evidence upon the submission of a copy.
(4)
Other Documents or Written
			 Material
. All documents and written material admitted into
			 evidence shall be authenticated to the satisfaction of the Hearing Officer.
			 Written material from the Appellant's Department file shall be admitted without
			 further authentication.
(5)
Stipulations
. The parties may stipulate to facts or to
			 testimony that a witness would have given.
(6)
Fair Hearings of Support
			 Decision and Alleged Perpetrator Listing
. In any case in which an
			 appellant is challenging a Department decision to support a report of abuse or
			 neglect or to list a person's name on the Registry of Alleged Perpetrators, a
			 copy of the report and investigation required by M.G.L. c. 119, §51A and B
			 shall be admitted into evidence. When reviewing a support decision or an
			 Alleged Perpetrator listing, the hearing officer may consider information
			 available during the investigation and new information subsequently discovered
			 or provided that would either support or detract from the Departments
			 decision.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.22 - Order of Presentation

Current through Register 1525, July 5, 2024
The Department or Provider will proceed first to produce
				evidence upon which its decision was based and to show that its decision was in
				conformity with the applicable regulation, policy, statute or case law. The
				Hearing Officer shall determine the order of presentation for all other parts
				of the hearing. After each witness is presented, the opposing party shall have
				the opportunity for cross-examination of that witness.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.23 - Burden of Proof

Current through Register 1525, July 5, 2024
To prevail, the Appellant must show based upon all of the
				evidence presented at the hearing, by a preponderance of the evidence
				that:
(a) the Department's or
			 Provider's decision was not in conformity with the Department's policies and/or
			 regulations and/or statutes and/or case law and resulted in substantial
			 prejudice to the Appellant; or
(b)
			 that the Department's or Provider's procedural actions were not in conformity
			 with the Department's policies and/or regulations, and resulted in substantial
			 prejudice to the Appellant; or
(c)
			 if there is no applicable policy, regulation, or procedure, that the Department
			 or Provider acted without a reasonable basis or in an unreasonable manner which
			 resulted in substantial prejudice to the Appellant; or
(d) if the challenged decision is a supported
			 report of abuse or neglect, that the Department has not demonstrated there is
			 reasonable cause to believe that a child was abused or neglected; or
(e) if the challenged decision is a listing
			 on the alleged perpetrators list, that there is not substantial evidence
			 indicating the person is responsible for the abuse or neglect of a
			 child.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.24 - Memoranda

Current through Register 1525, July 5, 2024
The Hearing Officer may order or permit that memoranda be filed
				at any time prior to issuance of the decision. The record shall remain open
				until the expiration of the date on which memoranda are due.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.26 - Recording of Hearing

Current through Register 1525, July 5, 2024
All Fair Hearings shall be recorded. The choice of recordation
				shall be at the election of the Department, and at the expense of the
				Department, and shall be arranged by the Department. Such recordings shall be
				available to the parties upon request. The Hearing Officer may permit any party
				to make his or her own recording, but any such recording shall be unofficial
				and shall not constitute the record nor become part of the
				record.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.27 - Copies of Recording

Current through Register 1525, July 5, 2024
If an Appellant desires a transcript it shall be prepared at
				the expense of the Appellant in accordance with M.G.L. c. 30A, § 11(6).
				Upon request, a copy of the recordation will be provided to the
				Appellant.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.28 - Special Requests

Current through Register 1525, July 5, 2024
(1) An Appellant
			 may withdraw a request for a Fair Hearing at any time by filing a written
			 withdrawal signed by the Appellant.
(2) The Hearing Officer may shorten the
			 notice period of scheduling a hearing, for good cause or for emergency
			 purposes.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.30 - Form of Decision

Current through Register 1525, July 5, 2024
The decision will be in written form and in a manner consistent
				with M.G.L. c. 30A and may include the following: a summary of the issues
				considered; clear and concise findings of fact including credibility
				determinations; the reasons for the decision reached on each issue; the
				statute, case law, policy, practice and/or regulation, if any, on which the
				decision is based; and an order for relief if appropriate. The decision shall
				be signed and dated by the Hearing Officer and the Director of Fair Hearings or
				designee. All decisions shall notify the Appellant that the Fair Hearing
				decision, or where applicable, the decision of the Commissioner or designee, is
				the final decision of the agency and that the Appellant has the right to seek
				review under M.G.L. c. 30A.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.31 - Ex Parte Communications

Current through Register 1525, July 5, 2024
The Hearing Officer shall not consider any evidence, whether
				written or oral, regarding any matter at issue in a Fair Hearing, unless such
				submission is part of the record or made in the presence of all parties. No
				person, other than the Director of Fair Hearings or designee, shall communicate
				directly or indirectly with the Hearing Officer about a pending matter from the
				time the hearing is requested until such time as a final agency decision is
				rendered unless such communication is in the presence of all the parties or
				submitted in writing with copies to all parties, except that the Commissioner
				or designee may discuss with the Hearing Officer or the Director of Fair
				Hearings any decision he or she is reviewing.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.32 - Special Provisions for Fee-paying Clients

Current through Register 1525, July 5, 2024
When a fee-paying Appellant requests a Fair Hearing, the
				Hearing Officer shall include in the decision an order relative to the
				recoupment of fees as set forth below:
(1) If the Appellant's challenge to the fee
			 is successful, any extra fees paid shall be refunded within 14 days of the
			 decision.
(2) If the Appellant's
			 challenge to the fee is unsuccessful, the Appellant shall be notified that he
			 or she must pay any fees owed within 14 days of the decision, and that failure
			 to pay such fees shall result in a termination of service without further
			 hearing. 110 CMR 10.32 in no way negates the Appellant's obligation to continue
			 to pay any pre-established fees pending the outcome of the hearing.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.33 - Confidentiality

Current through Register 1525, July 5, 2024
The confidentiality requirements of
				110 CMR
				12.00:
Records
apply to the Fair
				Hearing process including the hearing, record, and decision(s). If the subject
				of the Fair Hearing involves a report and investigation of abuse or neglect
				that was sent to a licensing agency, the Department of Elementary and Secondary
				Education (ESE) and/or the OCA under M.G.L. c. 119, § 51B(1), the
				Department shall forward a copy of any Fair Hearing decision that reverses the
				51B decision or reverses the listing of a person's name on the registry of
				alleged perpetrator's to such agency, ESE and/or the OCA. If such agency, ESE
				or the OCA requests a copy of any other Fair Hearing decision that involves a
				report previously sent to the agency, ESE or the OCA the Department may release
				the Fair Hearing decision to the agency, ESE or the OCA. If the subject of the
				Fair Hearing involves a report and investigation of abuse or neglect that was
				sent to a District Attorney's office pursuant to M.G.L. c. 119, § 51B,
				then upon request, the Director of the Fair Hearing Unit or designee may inform
				such District Attorney of the outcome of the Fair Hearing and may provide the
				District Attorney with a copy of the written decision.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.34 - Time

Current through Register 1525, July 5, 2024
(1) All papers which must be submitted to the
			 hearing office will be considered to be filed as follows:
(a) Papers hand delivered during business
			 hours shall be considered filed that day;
(b) Papers hand delivered after business
			 hours or on weekends or holidays shall be considered filed the next business
			 day;
(c) Papers which are mailed
			 shall be considered filed on the date postmarked.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.35 - Fair Hearing Data Base

Current through Register 1525, July 5, 2024
The Department shall maintain a database that shall include,
				among other data, information on requests and outcomes of fair hearings,
				including for each request, the number of days between the request and the
				hearing, the number of days between the hearing and the decision and the actual
				outcome of the hearing. This information shall be available for inspection and
				copying by the public during normal business hours of the
				Department.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.36 - Grievance Process

Current through Register 1525, July 5, 2024
The grievance process is intended to supplement the Fair
				Hearing procedure. The grievance procedure, like the Fair Hearing procedure, is
				designed to offer an informal dispute resolution process. Any matter, except as
				excluded in
				110 CMR
				10.37, may be the subject of a
				grievance.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.37 - Grievances Allowable Subjects

Current through Register 1525, July 5, 2024
The grievance process is not available to complain of conduct
				which can be the subject of a Fair Hearing. If an Aggrieved Party files a
				grievance involving such conduct, the grievance shall be treated as a request
				for a Fair Hearing. The grievance process is otherwise available for all
				Aggrieved Party complaints.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.38 - Grievances Procedures

Current through Register 1525, July 5, 2024
(1) To initiate the
			 grievance procedure, the Aggrieved Party must file a written complaint with the
			 Area Office, Regional Office or Foster Care Review Unit whose decision is
			 complained of or which employs the employee whose conduct is complained of,
			 within 30 days of the action or inaction complained of. The Director of Areas,
			 Regional Director or Director of Foster Care Review shall assign the complaint
			 to a Regional Clinical Director, Area Clinical Manager, Area Program Manager or
			 to the Assistant Director of Foster Care Review as the case may be.
(2) The Regional Clinical Director, Area
			 Clinical Manager, Area Program Manager or Assistant Director of Foster Care
			 Review shall review the decision or conduct complained of by the aggrieved
			 party within 21 calendar days of receipt of the complaint. The review shall
			 include any facts and/or arguments submitted by the aggrieved party in written
			 form. The Regional Clinical Director, Area Clinical Manager, Area Program
			 Manager or Assistant Director of Foster Care Review may, upon the approval of
			 the Regional Director, Director of Areas, or Director of Foster Care Review,
			 meet with the Aggrieved Party and/or with other Department or Provider agency
			 staff in order to resolve the dispute.
(3) Upon completion of the review, the
			 Regional Clinical Director, Area Clinical Manager, Area Program Manager or
			 Assistant Director of Foster Care Review shall send written notice of his or
			 her decision to the Aggrieved Party and to the employee(s) in question. The
			 notice shall recite the grounds of the complaint, the facts of the case, and
			 any action taken by the Department or Provider.
(4) The decision of the Regional Clinical
			 Director, Area Clinical Manager, Area Program Manager or Assistant Director of
			 Foster Care Review shall be final. If the Aggrieved Party is still
			 dissatisfied, she or he has recourse to such further rights or remedies as are
			 available by law.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.01 - Introduction

Current through Register 1525, July 5, 2024
To determine who can consent to medical care, the first
				determination is whether an emergency exists as defined in
				110 CMR
				11.03 and
				11.14. If it
				is an emergency, no one's consent is required. If there is no emergency, the
				question is whether the treatment is routine as defined in
				110 CMR
				11.04 or extraordinary as identified in
				110 CMR 11.11,
				11.12,
				11.13,
				11.14 and
				11.15.
				If the particular treatment is not identified specifically in
				110 CMR
				11.00, it is necessary to weigh the factors outlined
				in
				110 CMR
				11.17 to determine whether the contemplated
				treatment is extraordinary. If it is not extraordinary, it is routine. There is
				no other possibility.
If the treatment is routine, the Department may consent. In the
				case of treatment for drug dependency, family planning, and treatment for a
				venereal disease or a disease dangerous to the public health, the consent of
				the minor is sufficient. If the treatment is extraordinary the Department may
				never consent, but must obtain parental consent for children in the care of the
				Department and prior judicial approval for wards and children in the custody of
				the Department. The terms "emergency", "routine", and "extraordinary" medical
				treatment are extensively defined in
				110 CMR
				11.00 and only those definitions apply. Neither common
				parlance nor medical terminology may be used in their place.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.02 - Medical Authorization Definitions

Current through Register 1525, July 5, 2024
In the Custody of the Department
:
				means a child placed in the Department's custody through court order or through
				adoption surrender. For purposes of
				110 CMR
				11.00 only, this phrase shall also include the period
				occasioned by an emergency removal pursuant to M.G.L. c. 119, § 51B
				between removal and appearance in Court on the next available court
				date.
In the Care of the Department
means a
				child receiving services from the Department pursuant to a Voluntary Placement
				Agreement. For purposes of
				110 CMR
				11.00 only, this phrase shall also include the
				involvement of the Department after the issuance of a mittimus which commits a
				child to the custody of the Department, pursuant to a Child Requiring
				Assistance (CRA) proceeding. Although the Department has custody of CRA
				children and therefore has the power to determine the child's medical care, for
				purposes of
				110 CMR
				11.00, the Department shall be deemed to have
				delegated back to the parents the power to determine the child's extraordinary
				medical care.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.03 - Emergency Medical Care

Current through Register 1525, July 5, 2024
(1) "Medical
			 emergency" means any immediately life threatening condition and shall include
			 but is not limited to the following conditions.
(a) severe, profuse bleeding
(b) choking, blocked airway
(c) unconsciousness
(d) cardiac arrest
(e) cardio-vascular accident
(f) any fracture
(g) extensive burns
(h) severe cuts
(i) other similar severe injury
(j) other sudden signs of serious physical
			 illness
(k) any condition where
			 delay in treatment will endanger the life, limb or mental well being of the
			 patient.
See
M.G.L. c. 112, § 12F.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.04 - Routine Medical Care

Current through Register 1525, July 5, 2024
(1) "Routine medical
			 care" shall include but is not limited to the following:
(a)
Allergy
			 Shots
.
(b)
Blood Pressure Test
.
(c)
Comprehensive Physical
			 Examination
. Documenting the finding of an unclothed physical
			 examination including a complete system review pertinent to the age of the
			 child, fundoscopic examination of the eyes for children over five years of age,
			 and observation of the teeth and gums for children three years of age or
			 older.
(d)
Dental
			 Care
.
(e)
Developmental Assessment
. The child's current levels
			 of functioning in the below-listed areas, as appropriate to the child's age.
1. gross motor development, including
			 strength, balance, and locomotion
2. fine motor development, including eye-hand
			 coordination
3. language
			 development, including expression, comprehensive and articulation
4. self-help and self-care skills
5. social interaction and emotional
			 development
6. cognitive skills,
			 including problem-solving and reasoning abilities.
(f)
Diseases Dangerous to the
			 Public Health, Treatment of
.
See
M.G.L. c. 112,
			 § 12F and
			 105 CMR
			 300.100:
Diseases Reportable to Local
			 Boards of Health
.
(g)
Drug Dependency Treatment
.
See
M.G.L.
			 c. 112, § 12E.
(h)
Family Planning Services
.
(i)
Fractures, Treatment
			 of
(j)
Hearing Test
.
(k)
Immunization
against diphtheria, pertussis, tetanus, measles, poliomyelitis, mumps, rubella
			 and such other communicable diseases as may be specified from time to time by
			 the Department of Public Health.
See
M.G.L. c. 76, § 15
			 and
			 105
			 CMR 200.100:
Physical Examinations
			 Required by Primary Care Provider or School Physician
.
(l)
Laboratory Tests and Special
			 Medical Studies
when determined by the examining physician to be
			 necessary.
(m)
Lead
			 Poisoning Test
.
(n)
Nutritional Status Assessment
. The evaluation of the
			 child's nutritional health in light of dietary practice and the entire health
			 assessment (that is, history, physical examination, height and weight
			 measurements, and the laboratory tests) and documentation of any nutritional
			 disturbance or dysfunction.
(o)
Pelvic Examination
.
(p)
Pregnancy
			 Treatment
.
See
M.G.L. c. 112, §
			 12F.
(q)
Preventive
			 Health Services
.
(r)
Psychiatric Assessment, Evaluation, or Treatment
on
			 out-patient basis or up to 90 days on in-patient basis.
(s)
Treatment
commonly prescribed for a specific physical illness, which treatment does not
			 pose risks of permanent serious side effects or risk of death, see
Custody of a Minor
, 375 Mass. 733, 379 N.E.2d 1053, 1064
			 (1978) or is determined not to be extraordinary medical treatment by using the
			 analysis outlined in
			 110 CMR
			 11.00.
(t)
Tubercular Skin Test or Chest X-ray
.
(u)
Venereal Disease
			 Treatment
.
See
M.G.L. c. 112, §
			 12F.
(v)
Vision
			 Test
.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.05 - Family Planning Services

Current through Register 1525, July 5, 2024
(1) "Family Planning
			 Services" means medical, educational and social services, excluding
			 sterilization, which enable individuals voluntarily to limit family size or
			 plan spacing of children. Family planning services include the below-listed
			 services.
See
106 CMR 269.030(A)(B).
(a) Information and referral (including
			 outreach and follow-up)
(b)
			 Individual and group counseling
(c)
			 A physical examination
1. for a female,
			 includes thyroid, breast, heart, abdominal, speculum, pelvic, and rectal
			 examinations, and measurements of height, weight and blood pressure;
2. for a male, includes thyroid, heart,
			 genital, abdominal, and rectal examinations, and measurements of height, weight
			 and blood pressure.
(d)
			 A pap smear for females.
(e) Any
			 laboratory test indicated by the child's history or examination.
(f) A medically approved method of
			 contraception.
(g) Medical
			 examinations, consultations, laboratory tests and contraceptive services
			 rendered by a licensed physician
(h) Medical treatment for related conditions,
			 such as venereal diseases or vaginal infections
(i) Prescriptions and medical items related
			 to family planning services including drugs, supplies and devices
(j) Clinical follow-up
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.06 - Pregnancy

Current through Register 1525, July 5, 2024
(1)
Consent by
			 Child
. A child who is pregnant or believes themself to be pregnant
			 may give consent to her own medical and dental care (except sterilization). The
			 consent of the Department is not necessary to authorize medical or dental care
			 for any such child in the care or custody of the Department, or any such ward
			 of the Department. For abortion
see
M.G.L. c. 112,
			 §§ 12F and 12R and
			 110 CMR 11.07.
(2)
Consent by Department or
			 Parent
. If a medical provider refuses to treat a child who is
			 pregnant or believes themself to be pregnant without parental or Department
			 consent, or if such child refuses to consent or is not able to consent to
			 medical or dental care, the Department may consent (except to abortion or
			 sterilization).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.07 - Abortion

Current through Register 1525, July 5, 2024
(1)
Consent for Children in Care
			 or Custody of Department
.
(a)
			 Department staff shall not consent to an abortion for any child in its care or
			 custody.
(b) A minor, regardless of
			 age, who is married, widowed, or divorced at the time an abortion is sought,
			 who is pregnant, and who is in the care or custody of the Department, may
			 consent to an abortion without seeking consent from the minor's parent(s) or
			 guardian(s).
See
M.G.L. c. 112, §§ 12F and
			 12R.
(c) A minor 16 years of age or
			 older, who is pregnant, and who is in the care or custody of the Department,
			 may consent to an abortion without seeking consent from the minor's parent(s)
			 or guardian(s).
See
M.G.L. c. 112, § 12R.
(d) A minor younger than 16 years old, who is
			 not married, widowed, or divorced at the time such care is sought, who is
			 pregnant and who is in the care or custody of the Department, must obtain the
			 consent of one of the minor's parents, or guardians to authorize an abortion,
			 pursuant to M.G.L. c. 112, § 12R, except as provided hereinafter.
1. If the minor elects not to seek the
			 consent of their parent or guardian, or if the minor's parents or guardians
			 refuse to consent to the performance of an abortion, the minor must seek
			 authorization for an abortion from a judge of the Superior Court, pursuant to
			 M.G.L. c. 112, § 12R.
2. As
			 needed, the Department shall provide the minor with information and resources
			 on how to file a petition or motion for judicial authorization of an abortion.
			 However, the Department shall not represent pregnant minors in any such
			 petition or motion.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.08 - Drug Dependency

Current through Register 1525, July 5, 2024
(1)
Consent
. A child 12 years of age or older who is found
			 to be drug dependent by two or more physicians may give their consent to the
			 furnishing of hospital and medical care related to the diagnosis or treatment
			 of such drug dependency. The consent of the Department is not necessary to
			 authorize hospital or medical care related to drug dependency of any child 12
			 years of age or older in the Department's care or custody, or any child for
			 whom the Department has been appointed guardian.
See
M.G.L. c.
			 112, § 12E.
(2)
Consent by Department or Parent
. If a medical provider
			 refuses to treat a child without parental or Department consent, or if a child
			 refuses to consent or is not able to consent to medical or hospital care
			 related to the diagnosis or treatment of drug dependency, the Department may
			 consent; provided that the Department shall not consent to the administration
			 of antipsychotic medication or shock therapy or any other extraordinary medical
			 treatment for diagnosis or treatment of drug dependency.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.09 - Diseases Dangerous to the Public Health

Current through Register 1525, July 5, 2024
(1)
Diseases Dangerous to the
			 Public Health
means the following.
See
105 CMR
			 300.100:
Diseases Reportable to Local
			 Boards of Health
.
(a)
			 Actinomycosis
(b) AIDS (Acquired
			 Immune Deficiency Syndrome)
(c)
			 Animal Bite
(d) Anthrax
(e) Brucellosis (Undulant Fever)
(f) Chickenpox (Varicella)
(g) Cholera
(h) Diarrhea of the Newborn
(i) Diphtheria
(j) Dysentery, Amebic
(k) Dysentery, Bacillary
			 (Shigellosis)
(l) Encephalitis
			 (specify if known)
(m) Food
			 Poisoning by:
1. Botulism
2. Mushrooms and other poisonous vegetable
			 and animal products
3. Mineral or
			 organic poisons such as arsenic, lead, etc.
4. Staphylococcal
(n) German Measles (Rubella)
(o) Glanders
(p) Hepatitis, Viral (includes Infectious and
			 Serum Hepatitis)
(q) Impetigo of
			 the Newborn
(r) Leprosy
(s) Leptospirosis (including Weil's
			 Disease)
(t) Lymphocytic
			 Choriomeningitis
(u)
			 Malaria
(v) Measles
			 (Rubeola)
(w) Meningitis (B.
			 Influenzal, meningococcal, pneumococcal, streptococcal forms)
(x) Mumps
(y) Ophthalmia Neonatorum
(z) Plague
(aa) Poliomyelitis
(bb) Psittacosis
(cc) Rabies - Human
(dd) Rickettsialpox
(ee) Rocky Mountain Spotted Fever
(ff) Salmonellosis (except Typhi and
			 Paratyphi)
(gg) Salmonellosis:
			 Typhi and Paratyphi (Typhoid and Paratyphoid Fevers)
(hh) Smallpox (Variola)
(ii) Smallpox Vaccination Reactions -
			 Generalized Vaccinia, Eczema Vaccinatum
(jj) Streptococcal Infections (including
			 Erysipelas Scarlet Fever, Streptococcal Sore Throat,
etc
.)
(kk)
			 Tetanus
(ll) Trachoma
(mm) Trichinosis
(nn) Tuberculosis
(oo) Tularemia
(pp) Typhus Fever (including Brills'
			 Disease)
(qq) Whooping Cough
			 (pertussis)
(rr) Yellow
			 Fever
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.10 - Venereal Disease

Current through Register 1525, July 5, 2024
(1) "Venereal
			 diseases" means the following.
See
105 CMR
			 300.100
: Diseases Reportable to
			 Local Boards of Health
.
(a)
			 Chancroid
(b) Gonorrhea
(c) Granuloma Inguinale
(d) Lymphogranuloma Venereum
(e) Syphilis
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.11 - Sterilization

Current through Register 1525, July 5, 2024
No Consent by Department
. Department
				staff shall not consent to the sterilization of any ward or child in its care
				or in its custody. Prior judicial approval is necessary under all circumstances
				for the performance of a sterilization upon any child who is a ward of the
				Department, or who is in the care or custody of the Department. See
Matter of Moe
, 385 Mass. 555, 559, 432 N.E.2d 712 (1982);
				M.G.L. c. 112, § 12W.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.12 - No Code Orders

Current through Register 1525, July 5, 2024
(1) "No code" order
			 means a medical order regarding a terminally ill patient directing a hospital
			 and its staff not to use heroic medical efforts in the event of cardiac or
			 respiratory failure. Heroic medical efforts include invasive and traumatic
			 life-saving techniques such as intracardial medication, intracardial massage
			 and electric shock treatment. No code orders include "do not resuscitate"
			 orders or orders stated in different language attempting to accomplish
			 substantially the same result as a "no code" order.
See Custody of a
			 Minor
, 385 Mass. 697, 434 N.E.2d 601 (1982).
(2)
No Consent by
			 Department
. Department staff shall not consent to the entry of a
			 "no code" order for any ward or child in its care or custody.
See
			 Custody of a Minor
, 434 N.E.2d 601 (1982).
(3)
Consent by
			 Parents
.
(a) With respect to a
			 child who is in the care of the Department, the right to consent or to refuse
			 to consent to the entry of a "no code" order shall remain with the child's
			 parents, unless otherwise limited by court order. If the Department has reason
			 to believe that the parents are guilty of medical neglect by their consent to a
			 "no code" order, the Department shall seek custody through a court proceeding
			 which alleges medical neglect.
(b)
			 With respect to a child who is a ward of the Department or is in Department
			 custody, when a medical provider seeks the Department's consent to the entry of
			 a "no code" order, the Department shall not consent unless it seeks and
			 receives prior judicial approval for the entry of a "no code" order, even if
			 the child's biological parents have consented to the entry of such order.
See Custody of a Minor
, 434 N.E.2d 601, 608 (1982). When
			 seeking prior judicial approval, the Department shall file a Motion for
			 Appointment of a Guardian ad Litem to investigate whether such order should
			 enter.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.13 - Life-prolonging Medical Treatment

Current through Register 1525, July 5, 2024
(1)
			 "Life-prolonging medical treatment", as distinguished from life-saving
			 treatment, means intrusive medical treatment where there is no prospect of
			 recovery.
In the Matter of Earle A. Spring
, 380 Mass. 629, 405
			 N.E.2d 115, 120 (1980). Recovery does not mean the ability to remain alive but
			 rather life without intolerable suffering.
Saikewicz
, 373
			 Mass. 728, 370 N.E.2d 417 (1977).
(2)
No Consent by
			 Department
. Department staff shall not consent to the giving or
			 withholding of life-prolonging medical treatment for any child who is a ward of
			 the Department or for any child in its care or custody. See
Spring
,
supra
;
Superintendent of
			 Belchertown State School v. Saikewicz
,
supra
.
(3)
Consent by Parents or Court
.
(a) With respect to a child who is in the
			 care of the Department, the right to consent or to refuse to consent to the
			 giving or withholding of life-prolonging medical treatment shall remain with
			 the child's parents unless otherwise limited by statute or court order. If the
			 Department has reason to believe that the parents are guilty of medical neglect
			 by their consent to giving or withholding of life-prolonging medical treatment,
			 the Department shall seek custody through a court proceeding which alleges
			 medical neglect.
(b) With respect
			 to a child who is a ward of the Department or is in the Department's custody,
			 when a medical provider seeks the Department's consent to an order giving or
			 withholding life-prolonging medical treatment, the Department shall seek prior
			 judicial approval for the giving or withholding of life-prolonging medical
			 treatment, even if the child's biological parents have consented to the entry
			 of such order. When seeking prior judicial approval, the Department shall file
			 a Motion for Appointment of a Guardian
ad Litem
to investigate
			 whether such order should enter for a ward of the Department or child in the
			 Department's custody.