reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.114 - Temporary Placement of Foster Children in Care of Persons Other than Foster/Pre-adoptive Parents

Current through Register 1525, July 5, 2024
(1)110 CMR 7.114
				applies to situations where a foster child who has been placed in a
				foster/pre-adoptive home is, or will be, placed temporarily in the care of
				someone other than the foster/pre-adoptive parent. (Examples of such situations
				are: day, overnight or weekend visits with parents or relatives; work-related
				day care; and extended trips or appointments for the child unaccompanied by the
				foster/pre-adoptive parent.) 110 CMR 7.114 does not apply to overnight visits
				with friends, use of babysitters,
etc
.
(2) The Department shall have the sole and
				exclusive power to determine whether a foster child may be placed temporarily
				in the care of someone other than the foster/pre-adoptive parent. Whenever a
				foster/pre-adoptive parent wishes to place a temporarily in the care of another
				person, the foster/pre-adoptive parent shall make a request for such placement
				to the Department in advance of such placement.
(3) After a foster/pre-adoptive parent has
				made such a request to the Department, if the Department determines that it is
				not necessary or desirable for the to be placed temporarily in the care
				requested by the foster/pre-adoptive parent, the Department shall give written
				notice to the foster/pre-adoptive parent that the foster/pre-adoptive parent's
				request has been denied.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.115 - Runaway Foster Children

Current through Register 1525, July 5, 2024
(1) Whenever a
				foster/pre-adoptive parent knows, or reasonably believes, that a foster child
				intends to run away from the foster/pre-adoptive home, the foster/pre-adoptive
				parent shall immediately notify the Department (or the Child-At-Risk Hot line
				if after hours) of that fact.
(2)
				When the Department knows that a child who will be placed in a
				foster/pre-adoptive home has run away from his/her parent's home or from any
				previous placements in substitute care, the Department shall notify the
				prospective foster/pre-adoptive parent of that fact. In either case, the
				Department shall also inform the foster/pre-adoptive parent or prospective
				foster/pre-adoptive parent of measures which the foster/pre-adoptive parent or
				prospective foster/pre-adoptive parent may take to prevent the child from
				running away from the foster/pre-adoptive home, and of the procedures which the
				foster/pre-adoptive parent or prospective foster/pre-adoptive parent should
				follow if the child does run away from the foster/pre-adoptive home.
(3) Whenever a foster/pre-adoptive parent
				learns that a foster child has run away or is missing from the
				foster/pre-adoptive home, the foster/pre-adoptive parent shall immediately
				notify the Department, and then the local police. Such notice shall include at
				least the following information:
(a) the name
				and age of the child who ran away;
(b) the time when the child was last
				seen;
(c) the location where the
				child was last seen;
(d) a physical
				description of the child when last seen, including a description of the
				clothing worn by the child at that time; and
(e) any known or suspected locations where
				the child might be found, and any known or suspected individuals who might know
				the whereabouts of the child.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.116 - Removal of Foster Children from Foster/Pre-adoptive Homes

Current through Register 1525, July 5, 2024
(1) Whenever the Department receives a
				request from a foster/pre-adoptive parent to remove a from the
				foster/pre-adoptive home, the Department shall do the following:
(a) interview the foster/pre-adoptive parent
				to determine the reason(s) for the request;
(b) interview the foster/pre-adoptive parent,
				the foster child, other household members, and/or any other individual deemed
				necessary for the purpose of determining whether the situation giving rise to
				the request might be resolved without removing the child;
(c) if the situation giving rise to the
				request appears to be resolvable, provide, or offer to provide, services or
				assistance available from the Department to facilitate resolution of the
				situation without removing the child;
(d) if the situation giving rise to the
				request is not resolved, or if the foster/pre-adoptive parent still wishes the
				child removed from the foster/pre-adoptive home after attempts to resolve the
				situation have been made, the Department shall make arrangements for moving the
				child to another placement and notify the foster/pre-adoptive parent and the
				foster child of the actual or estimated date when the child will be removed
				from the foster/pre-adoptive home;
(e) as appropriate, notify the child's
				parents, (unless they have surrendered the child for adoption or a court of
				competent jurisdiction has issued a decree dispensing with the need for
				parental consent to the child's adoption); school officials, juvenile probation
				officers, and/or other individuals interested in the child's whereabouts, of
				the change in the child's placement; and
(f) prepare a written report concerning the
				request for removal of the foster child from the foster/pre-adoptive home and
				the reason(s) therefore, and enter the written report in the
				foster/pre-adoptive parent file. No right of appeal shall exist when the child
				is being removed from the foster/pre-adoptive home at the request of the
				foster/pre-adoptive parent(s).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.118 - Foster/Pre-adoptive Parent Appeals

Current through Register 1525, July 5, 2024
The appeal process for foster/pre-adoptive parents is the
				  Department's fair hearing and grievance process as set forth at
				  110
				  CMR 10.00
et seq
.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.119 - Access to Foster/Pre-adoptive Parent File

Current through Register 1525, July 5, 2024
Foster/pre-adoptive parents have the right to review and
				  obtain a copy of any and all documents contained in their foster/pre-adoptive
				  parent file, subject to the provisions of
				  110 CMR
				  12.00
et seq
. governing
				  confidentiality and other applicable state and federal laws concerning
				  confidentiality. Foster/pre-adoptive parents should address a request to view
				  their file to the Hosting Area Director.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.120 - Community Residential Care

Current through Register 1525, July 5, 2024
(1) Community
				residential care is a form of substitute care which provides planned, temporary
				care in a licensed or approved residential facility on a 24 hour
				basis.
(2) Community residential
				care shall be goal-directed, time limited, community-based, and in the least
				restrictive setting possible. Community residential care may be the placement
				of primary choice when a child's behavioral, emotional, or physical needs
				cannot be met in a less restrictive setting,
i.e
. in their own
				home, or in a foster/pre-adoptive home setting.
(3) A community residential placement is an
				interim placement for a child with the long term goal(s) of either the child's
				return home, movement of the child to a less restrictive setting, or
				transitioning the child to another permanent placement,
i.e
.
				adoptive home, guardianship, or an independent living situation.
(4) When the Department determines, in its
				clinical judgment, that a child's best interests would be served by placement
				into a community residential care facility, the Department shall select from
				the facilities available, which have a valid Department Community Residential
				Care Purchase Agreement, the one which best meets the child's needs, and place
				the child in the selected residential care facility. The Department may utilize
				the following kinds of facilities:
(a) a
				facility licensed or approved by EEC;
(b) a facility not subject to the
				jurisdiction of EEC, which is approved as a special education school by the
				Department of Elementary and Secondary Education (ESE);
(c) a facility not included in 110 CMR
				7.120(4)(a) or (b) if otherwise approved by the Department; or
(d) a facility located outside of
				Massachusetts if the procedures of the Interstate Compact are utilized, and if
				the facility is licensed or approved by the applicable licensing/regulatory
				agency of that state.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.121 - Periodic Health Care - Generally

Current through Register 1525, July 5, 2024
The Department's philosophy regarding health care reflects
				  the principles and standards of Project Good Health. The Project Good Health
				  (PGH) program is a federally-funded, Medicaid-reimbursable program aimed at
				  ensuring that children receive quality, comprehensive health services on a
				  periodic and continual basis. The Department is committed to preventative
				  health care and to the early diagnosis and treatment of children's illnesses.
				  In order to help promote good health maintenance and to minimize the incidence
				  of chronic and disabling diseases among the high risk population it serves, the
				  Department has established 110 CMR 7.121 through
				  7.127.
For its substitute care population, the Department assumes
				  responsibility for assuring that the children receive medical examinations at
				  the time of placement if needed, routine medical and dental examinations within
				  age-specific time-frames (
i.e
., within the Department's
				  periodicity schedule 
				  *), any required follow-up, and
				  routine and emergency mental health care.
__________________________________
*The periodicity schedule for health care examinations which
				  the Department shall adhere to is as follows:
Routine medical examinations at the following times:
two - six weeks of age
eight - ten weeks of age
four months of age
six months of age
nine months of age
one year of age
15 months of age
20 months of age
two years of age
30 months of age
three years of age
After age three, annually
Routine dental examinations at the following times:
Starting at age three, routine dental examinations
				  annually.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.123 - Periodic Health Care - Project Good Health

Current through Register 1525, July 5, 2024
The Department's health care periodicity schedule is
				  identical to that of PGH, and the Department will adhere to the PGH
				  periodicity. The Department will attempt to utilize PGH providers for medical
				  service delivery, and the Department will work with the Department of Public
				  Welfare to promote participation in the PGH program. When utilization of a PGH
				  provider is not feasible, the Department will promote the utilization of other
				  medical providers who adhere to PGH standards of care.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.124 - Periodic Health Care - Medical Passport

Current through Register 1525, July 5, 2024
The Department shall implement a program of utilization of a
				  "medical passport" for all children in substitute care. The medical passport
				  shall record pertinent and available medical/dental/mental health and
				  developmental data about the child. Department social workers and medical
				  providers shall each complete relevant portions of the passport. The passport
				  shall be held by the substitute care provider and shall remain with the child
				  for the duration of his/her placement. If a child moves to a new substitute
				  care placement or returns home, the medical passport moves with the
				  child.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.125 - Periodic Health Care - Emergency Treatment at Time of Placement

Current through Register 1525, July 5, 2024
At the time of placement, children will be provided with
				  emergency medical/dental/mental health care if needed. If such care is
				  necessary the social worker shall arrange for the provision of emergency care
				  with an appropriate health care provider. If appropriate and if time permits,
				  the social worker may delegate all or part of the responsibility for the
				  procurement of emergency medical/dental/mental health treatment to the
				  substitute care provider
(i.e.,
foster/pre-adoptive parents,
				  group care facility,
etc).
If the child does not have a
				  medicaid card at the time of placement and requires emergency treatment, the
				  social worker shall obtain a temporary Medicaid card to ensure the provision of
				  needed treatment. Following the provision of emergency medical/dental/mental
				  health treatment at time of placement, a record of such treatment shall be
				  entered into the child's case record. When a "Medical Passport" is completed
				  for this child, the social worker, in completing the relevant portions, shall
				  make reference to the emergency treatment provided at
				  placement.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.126 - Periodic Health Care - Routine Treatment After Placement

Current through Register 1525, July 5, 2024
At time of placement, the Department will determine if a
				  child is in need of routine medical and/or dental examinations by determining
				  the date of the child's most recent routine medical and dental examinations and
				  will assume responsibility for ensuring that such examinations are arranged if
				  such examinations have not occurred within the required periodicity schedule.
				  At time of placement the social worker shall complete an application for
				  Medicaid and shall obtain a temporary Medicaid card if necessary. As soon as
				  practicable after placement, the social worker shall provide the child with a
				  "Medical Passport". If routine medical and dental examinations have occurred
				  within the required periodicity schedule prior to placement, the social worker
				  shall obtain records of these examinations for the medical passport.
If, prior to placement, medical and dental examinations have
				  not occurred within the required periodicity schedule, the social worker shall
				  insure that a medical examination is scheduled within two weeks of substitute
				  care placement and that a dental examination is scheduled as soon as possible.
				  The social worker may delegate all or part of the process of health care
				  procurement to the substitute care providers and/or biological parents, but
				  only if the social worker has clearly delineated those responsibilities to be
				  assumed to the substitute care providers and/or biological
				  parents.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.127 - Periodic Health Care - Responsibilities of Substitute Care Providers

Current through Register 1525, July 5, 2024
It is the policy of the Department that substitute care
				  providers, at the request of the social worker, will assume responsibility for
				  the provision of health care services. Substitute care providers will:
(1) Arrange for emergency treatment when
				necessary.
(2) Schedule
				appointments for routine health care and any needed follow-up and will insure
				that these appointments are kept.
(3) Hold the child's medical passport and
				request written documentation from medical providers for inclusion in the
				passport.
(4) Provide
				non-specialized care (
e.g
., administration of oral medication)
				as required.
(5) Arrange for or
				coordinate the provision of specialized care (
e.g
.,
				physiotherapy) as required.
(6)
				Advise the responsible social worker of changes in the child's health
				status.
(7) Access available
				nutrition programs for eligible children in placement.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.128 - Visitation

Current through Register 1525, July 5, 2024
The Department will plan and promote regular and frequent
				  visitation between children in substitute care and their parents, and/or
				  siblings consistent with the terms of the service plan. For children who are
				  the subject of a Voluntary Placement Agreement, parents may use the
				  Department's grievance procedure (
				  110 CMR
				  10.37 through
				  10.39 )
				  to address complaints concerning visitation matters. For all children in the
				  court-ordered custody of the Department, if the Department seeks to terminate
				  visitation between the child and the parents, it will not do so unless the
				  matter is brought before a judge, and the judge makes specific findings
				  demonstrating that parental visits will harm the child or the public welfare,
				  unless a parent(s)'s right to notice of and consent to a child's adoption has
				  been voluntarily or involuntarily dispensed with, whether or not the judgment
				  dispensing with that right is on appeal.
See
, Custody of a
				  Minor (No. 2), 392 Mass. 719, 725-726 (1984).
For all children in the custody of the Department, where a
				  parent(s)'s right to notice of and consent to a child's adoption has been
				  voluntarily or involuntarily dispensed with, or where the judgment to dispense
				  with a parent's right to consent to the child's adoption is on appeal, the
				  Department may continue parental visitation if, in the judgment of the
				  Department, it is in the best interest of the child(ren).
See
,
				  Adoption of Gwendolyn, 29 Mass. App. Ct. 130, 134 n.3 (1990).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.129 - Legal Representation for Injured Children in Substitute Care

Current through Register 1525, July 5, 2024
(1) Neither Department social work nor legal
				staff shall represent any child, injured because of someone's negligence or
				intentional actions, in personal injury cases; shall not negotiate settlement
				of any personal injury claim with an insurer; shall not commence suit on behalf
				of such child; and shall not refer such child's case to any private
				attorney.
(2) The Department's
				legal staff will make reasonable efforts to insure that children who are in
				substitute care receive legal assistance when they have been injured because of
				someone's negligence or intentional actions. Department social work staff shall
				report cases of serious injury of children in substitute care to the
				Department's General Counsel.
(3)
				The Department's legal staff shall check with the child(ren)'s parents, if
				appropriate, to determine whether the parent(s) will bring suit on behalf of
				the child(ren). If the parent(s) will not or do not, the Department's legal
				staff shall, if appropriate, seek the appointment of a Guardian Ad Litem to
				investigate the matter and thereafter determine whether to retain an attorney
				to represent the injured child on a contingent fee basis.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.130 - Reimbursement/Stipend to Foster/Pre-adoptive Parents

Current through Register 1525, July 5, 2024
(1)
Reimbursement for Foster Care
				Services
. Department foster/pre-adoptive parents shall receive
				reimbursement for providing foster care at rates the Department establishes.
				The Department shall reimburse all foster/pre-adoptive parents a basic minimum
				rate for each child in their home based on the age of the child. In addition,
				the Department may reimburse foster/pre-adoptive parents using a tiered system
				based on:
(a) the special medical,
				psychological and/or social needs of the child(ren) and the additional
				expectations on a foster/pre-adoptive family who have such child(ren) placed
				with them, and
(b) specialized
				training and certification requirements as the Department determines are needed
				to meet the child's special behavioral, cognitive, emotional, physical and
				medical needs.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Substitute Care › Section 7.131 - Department Certification

Current through Register 1525, July 5, 2024
In administering federal grants under Titles IV-E and IV-B,
				  which monies aid the Department in providing effective service delivery, the
				  Department will comply with the following Federal Regulations:
1.45 CFR Part 16 - Department Grant Appeals
				Process
2.45 CFR Part 30 - Federal
				Claims Collection
3.45 CFR Part 74
				- Administration of Grants (except for §§ 74.23 and 74.52)
4.45 CFR Part 76 - Government Debarment and
				Suspension
5.45 CFR Part 80 -
				Nondiscrimination
6.45 CFR Part 81
				- Hearings under Part 80
7.45 CFR
				Part 84 - Nondiscrimination on basis of handicap
8.45 CFR Part 91 - Nondiscrimination on basis
				of age
9.45 CFR Part 93 - New
				restrictions on lobbying
10.45 CFR
				Part 95 - General Administration - Grant Programs (Public Assistance and
				Medical Assistance)
11.45 CFR Part
				97 - Consolidation of grants to insular areas
12.45 CFR Part 95, § 95.517 (supersedes
				§ 205.150) - Cost Allocation Plans
13.45 CFR Part 201, § 201.5 - Grants
				(except that ACYF shall supply appropriate forms and instructions)
14.45 CFR Part 201, § 201.6 -
				Withholding/Reduction of FFP
15.45
				CFR Part 201, § 201.7 - Judicial Review
16.45 CFR Part 201, § 201.15 -
				Deferral
17.45 CFR Part 201, §
				201.66 - Repayment of Federal Funds in Installments
18.45 CFR Part 204, § 204.1 - Submittal
				of State Plans for Governor's Review
19.45 CFR Part 205, § 205.5 - Plan
				Amendments
20.45 CFR Part 205,
				§ 205.10 - Hearings
21.45 CFR
				Part 205, § 205.50 - Safeguarding Information
22.45 CFR Part 205, § 205.100 - Single
				State Agency
23.45 CFR Part 205,
				§ 205.101 - Organization for Administration
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Adoption › Section 7.200 - Special Provisions Regarding Pre-adoptive Placements

Current through Register 1525, July 5, 2024
Comment
. It is the primary
				  responsibility of the Department to find families for children, rather than to
				  find children for families.
(1)
Foster Parent(s) as Pre-adoptive Placements
. Any
				foster parent(s) may seek to become the pre-adoptive placement for a child for
				whom the Department's long-term goal is adoption. A foster parent(s) may be
				approved as the pre-adoptive placement for a particular child if the Department
				determines, after assessment, that adoption by the foster parent(s) will
				further the best interests of that child.
(2)
Priority
.
				Although all foster pre-adoptive parent(s) who seek to become a pre-adoptive
				placement will be considered and assessed, priority will be given to those who
				are interested in the kinds of children currently waiting for and in need of
				homes. This includes, but is not limited to, the following types of children:
				school age, special needs, legal risk, siblings, Black, Hispanic, and mixed
				racial. Special needs includes a wide variety of emotional problems, behavioral
				disorders, learning disabilities, and other handicapping medical conditions.
				Applicants interested only in healthy infants will be considered as the need
				for such homes presents itself.
(3)
Department Obligations
. Whenever a child is placed
				with a family who has been approved as a pre-adoptive placement and the child
				is not yet free for adoption (
i.e
., the parents have not
				surrendered the child for adoption, and no court of competent jurisdiction has
				issued a decree dispensing with the need for the biological parent's consent to
				adoption, or such a decree has been issued but has been appealed and/or stayed,
				or), the pre-adoptive family:
(a) shall be
				informed, plainly and clearly, that the child placed with them is not yet and
				may not become free for adoption;
(b) shall be required to acknowledge their
				understanding and voluntary assumption of the "legal risk" nature of the
				placement;
(c) shall periodically
				be updated by the assigned social worker or adoption worker about the legal
				status of the child in their care;
(d) shall be informed they are not parties to
				and should not expect to become parties to any proceeding brought by the
				Department pursuant to M.G.L. c. 210, § 3 or M.G.L. c. 119, § 26(4),
				or to receive legal advice from Department legal staff in connection with any
				such proceeding.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Adoption › Section 7.209A - Nonrecurring Adoption Expenses

Current through Register 1525, July 5, 2024
If requested, the Department shall make a one time payment to
				  the pre-adoptive parent(s) of a child with special needs, as defined in
				  110 CMR
				  7.209(2), to reimburse the
				  family for expenses directly related to said child's adoption, provided the
				  child is adopted through a placement made by the Department or its contracted
				  agency, or a licensed nonprofit placement agency as defined in M.G.L. c. 28A,
				  § 9. In all cases, requests for nonrecurring adoption expenses must be
				  made and agreements for same completed, before the child's adoption is
				  finalized. Payment shall be made after the finalization of the adoption.
				  Nonrecurring adoption expenses include reasonable and necessary adoption fees,
				  court costs, attorneys fees and other costs directly related to the adoption
				  and which are not incurred in violation of law, but shall not include
				  out-of-pocket expenses for which the family may be, or has been, reimbursed by
				  other sources. The Department shall periodically determine the maximum amount
				  to be paid for nonrecurring adoption expenses.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Adoption › Section 7.210 - Post Adoptive Services

Current through Register 1525, July 5, 2024
Any family who has adopted a child shall be eligible for any
				  service offered by the Department under the same terms and conditions as any
				  other family or individual.
Commentary
. Within the last decade
				  the social work profession has come to realize and acknowledge that many of an
				  adoptees' problems occur after legalization. In the traditional adoption,
				  support services ceased on the day of legalization, but we now know that
				  post-legalization services may be important for adoptive families. The
				  Department recognizes that the provision of appropriate and timely services
				  after the adoption legalization may make the difference between a secure
				  permanent placement or a painful adoption disruption. The Department recognizes
				  the difficulty of integrating a new family member into an existing family
				  system. No one should expect the placement to be problem-free. The Department
				  fully recognizes that for those families seeking post-legalization services,
				  this does not in any way indicate failure on their part. In order to better
				  service families who have adopted children a variety of services are available:
				  routine services by a caseworker trained in the field of adoption; the option
				  of being in a parent support group; community services such as school
				  counseling, individual or family psychological counseling or therapy; respite
				  care;
etc
.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Adoption › Section 7.211 - Adoption Records

Current through Register 1525, July 5, 2024
(1) No records or
				information of any kind about an adoption which has occurred may be released by
				any Department employee or any Department agent to any inquiring party outside
				the Department unless that inquiring party has:
(a) obtained a written order from a Probate
				Court (
See
M.G.L. c. 210, § 5D.)
(b) Received approval from a placement agency
				for release of non-identifying information under M.G.L. c. 210, § 5D;
				or
(c) Obtained a written order
				from a probate court for all other adoption records which are not subject to
				release under M.G.L. c. 210, § 5D.
See
M.G.L. c. 210,
				§ 5C and 5D(e).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Adoption › Section 7.212 - Fair Hearings and Grievances on Adoption-related Matters

Current through Register 1525, July 5, 2024
(1) Adoption - related matters that may be
				appealed via the Fair Hearing process are set forth at
				110 CMR
				10.06(5).
(2) All other adoption-related matters will
				be reviewed under the Department's grievance process established by
				110 CMR
				10.37 through
				10.39.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Adoption › Section 7.214 - Claims of Paternal Responsibility

Current through Register 1525, July 5, 2024
The Department shall maintain a system for the filing of
				  claims of paternal responsibility in accordance with M.G.L. c. 210,
				  §§ 3 and 4A. No petition for adoption shall be filed by any
				  Department employee without having searched said records to determine whether a
				  claim of paternal responsibility has been filed, in a case where a child has
				  been born out of wedlock.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Adoption › Section 7.215 - Open Adoption

Current through Register 1525, July 5, 2024
(1)
Availability
. In appropriate circumstances the
				Department may propose, as part of its adoption plan, that some limited contact
				between a child and his/her biological parents or grandparents or other
				extended family members occur after the child has been adopted. An open
				adoption will not be recommended for any child under 12 years of age, except in
				special circumstances, and only with the approval of the Area or Regional
				Director.
(2)
Criteria
. An open adoption may be recommended by the
				Department to the Court hearing an adoption petition only under the following
				conditions:
(a) severance of a relationship
				between a child and his/her parents or other extended family members will prove
				harmful to the child; and
(b) both
				the adoptive parents and the biological parents consent; and
(c) the child, if over 12 years of age,
				consents; and
(d) the Department
				believes an open adoption is in the best interests of the child.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Guardianship › Section 7.300 - Policy on Guardianship

Current through Register 1525, July 5, 2024
The Department is committed to establishing permanent
				  placements for all children in its care and custody. Pursuant to this
				  commitment, the Department may sponsor a guardianship for selected children.
				  The children selected will be those who are not likely to return to their
				  parents and who, for whatever reason, are not candidates for
				  adoption.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Guardianship › Section 7.301 - Selecting Children to be Considered for Department Sponsored Guardianship

Current through Register 1525, July 5, 2024
The Department shall consider sponsoring a guardianship for a
				  child in its care or custody if the child meets all the following
				  criteria:
(1) The child will not be
				able to return to his/her biological parents. This determination is made by the
				Department based upon the history of the case and the clinical judgment of
				Department social work staff
(2) In
				the judgment of the Department, there is no reasonable likelihood that the
				child will be adopted. This determination may be made by the Department when,
				for example, the child is unwilling to be adopted, or when in the clinical
				judgment of the Department social work staff adoption would not be in the
				child's best interests.
(3) The
				child has resided with the potential guardians for at least one year. This
				requirement may be waived if waiver is determined by the Department to be in
				the best interests of the child.
(4) The child is at least 12 years of age.
				This requirement may be waived if waiver is determined by the Department to be
				in the best interests of the child (for example, to keep sibling groups
				together).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Guardianship › Section 7.302 - Implementation of Guardianship

Current through Register 1525, July 5, 2024
The Department shall proceed to implement the guardianships
				  it sponsors as follows:
(1) The
				Department determines that the child meets the criteria set forth in
				110
				CMR 7.301(1) through
				(3).
(2) The child's assigned social worker meets
				with the child and potential guardian. The guardianship plan is presented to
				them at this time for their consideration and approval.
(3) If guardianship is acceptable to the
				child and potential guardian, the social worker will make reasonable and
				diligent efforts to contact the child's parents. If the parents are contacted,
				they will be informed of the proposed guardianship proceeding, of their right
				to contest the guardianship proceeding, and of their right, if indigent, to
				court-appointed counsel. The parents' consent will then be sought.
(4) An employee of the legal staff of the
				Department will prepare the appropriate court papers. If the parents of the
				child have consented, their consent shall be noted upon the court papers by
				obtaining their signature. If the parents of the child have not consented to
				the guardianship in writing, they will be given notice as required by
				law.
(5) An employee of the legal
				staff of the Department will initiate and prosecute all court proceedings
				necessary to finalize the guardianship. The guardianship plan will be presented
				to the court for review as part of the proceeding, and said plan shall address
				the appropriateness of the proposed placement and the suitability of the
				proposed guardians.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Guardianship › Section 7.303A - Fair Hearing and Grievances on Guardianship Subsidy Related Matters

Current through Register 1525, July 5, 2024
(1) Guardianship subsidy related matters that
				may be appealed via the Fair Hearing process are set forth at
				110 CMR
				10.06(6).
(2) All other guardianship subsidy related
				matters will be reviewed under the Department's grievance process established
				by
				110 CMR
				10.37 through
				10.39.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Guardianship › Section 7.304 - Nonrecurring Guardianship Expenses

Current through Register 1525, July 5, 2024
The Department shall make a one time payment to the proposed
				  kinship/relative guardian(s) of a child in the Department's care or custody, to
				  reimburse the family for expenses directly related to said child's
				  guardianship, provided the child's guardianship is through a placement made by
				  the Department, or an agency under contract with the Department. Payment shall
				  be made after the finalization of the guardianship by submitting a request for
				  nonrecurring guardianship expenses with receipts to the guardianship subsidy
				  unit.
Nonrecurring guardianship expenses include reasonable and
				  necessary guardianship fees, court costs, attorneys fees, travel costs and
				  other costs directly related to the guardianship and which are not incurred in
				  violation of law, but shall not include out-of-pocket expenses for which the
				  family may be, or has been, reimbursed by other sources. The Department will
				  pay up to $2,000 of Title IV-E guardianship expenses and $400 of state
				  sponsored guardianship expenses.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Special Education Services › Section 7.400 - Provision of Education Services to Children in Department Care or Custody

Current through Register 1525, July 5, 2024
All handicapped children in the Department's care or custody
				  are entitled to a free appropriate education. Whenever special education is
				  necessary for children in its care or custody, the Department will pursue
				  special education services, through the local public schools.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Special Education Services › Section 7.401 - Special Education Definitions

Current through Register 1525, July 5, 2024
As used
				  110
				  CMR 7.400 through 7.499 only the following
				  terms shall have the following meanings:
(1)
Child
. Any
				person aged three through 21 years of age who has not obtained a high school
				diploma or its equivalent.
(2)
Child in Need of Special Education
. Any child aged
				three through 21 years of age who, because of temporary or permanent adjustment
				difficulties or attributes arising from intellectual, sensory, emotional or
				physical factors, cerebral dysfunctions, perceptual factors, or other specific
				learning impairments, or any combination thereof, is unable to progress
				effectively in a regular educational program.
(3)
Educational
				Advocate
. A person assigned by the Department of Education (DOE)
				to act in educational matters on behalf of a child.
(4)
Grandfathered
				Children
. All children placed and funded in institutions by the
				Department of Public Welfare (DPW) prior to September 1, 1974 (effective date
				of M.G.L. c. 71B) are considered "grandfathered" and will continue to be funded
				in those institutions by the Department for so long as they remain in the
				Department's care or custody. In addition, all formal or informal agreements
				made before May 1, 1976 (effective date of the Interagency Agreement on the
				Clarification of Responsibility for Children in the Custody of Human Services
				Agencies) between a local educational agency (LEA) and DPW regarding placement
				and funding of children in special education programs shall continue in effect
				for so long as the child continues in the special education program and remains
				in the Department's care or custody.
(5)
Individualized Education Plan
				(IEP)
. A written statement of special educational needs and
				services, developed for a child in need of special education at a meeting of at
				least:
(a) a representative of the local
				public school district who shall be qualified to provide, or supervise
				provision of, specifically designed instruction to meet the unique needs of the
				child,
(b) the teacher,
(c) the parents, guardian, custodian, or
				educational advocate of the child, and
(d) whenever appropriate, the
				child.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Special Education Services › Section 7.402 - Advocacy on Behalf of Children with Special Needs in Department Care or Custody

Current through Register 1525, July 5, 2024
(1)
Children in the Custody of the Department
. The child's
				educational advocate in the special education process shall be:
(a) An educational advocate appointed by an
				authorized educational advocacy program established by the Department of
				Education pursuant to 20 U.S.C. § 1401; or, if no educational advocate is
				available;
(b) A foster parent if
				the Department has delegated this authority to the foster parent via written
				agreement; or if there are compelling reasons why no such delegation can be
				made;
(c) A Department social
				worker.
Special education advocacy shall in any event be done in
				  conjunction with the child's natural or foster parent(s) whenever possible;
				  however, in the event of a disagreement between the Department and the natural
				  parent(s) concerning an educational program, Department rights supersede
				  parental rights for children in the custody of the Department.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Special Education Services › Section 7.403 - Referral for Special Education Assessment and Services

Current through Register 1525, July 5, 2024
(1)
Generally
.
				Whenever it appears to a Department social worker that a child is in need of
				special education services, the worker shall refer the child, in writing, to
				the child's LEA for assessment and services.
(2)
Referral Upon Change in
				Placement
. Whenever educational responsibility for a child in
				Department care or custody shifts from one LEA to another because of a shift in
				the child's custody or placement, the Department social worker shall notify
				both the old LEA and the new LEA, in writing, of the change as soon as the
				Department becomes aware that a shift in educational responsibility is likely
				or has occurred.
(3)
Referral Upon Placement in a Residential School
				Facility
. Except in emergencies, all children referred for
				placement in a residential care facility shall be referred for special
				education assessment and services prior to the child's entry into the
				residential facility. Where, in an emergency, a child must be placed in a
				residential facility prior to being referred for special education assessment,
				a special education referral shall be made within one week following
				placement.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Special Education Services › Section 7.404 - Cost Sharing

Current through Register 1525, July 5, 2024
(1)
Public School Special Education Placements
. The
				Department will not fully fund, nor cost share, public school special education
				placements. However, where the Department places a child in a residential
				educational facility because no adequate community-based residential program
				exists for the child, but the LEA has an adequate community-based educational
				program for the child, the Department shall bear the full cost of both the
				educational and care/support components of the residential placement. This
				regulation in no way limits the right of the Department to test the adequacy of
				the proposed community-based educational program through the due process
				hearing procedure of the special education statutes and regulations, or to
				arrange for the provision of the proposed community-based educational program
				near the child's residential facility.
(2)
Private Residential School
				Special Education Placements
. If a child's IEP specifies that a
				private day school program (prototype 502.5) is necessary to meet the child's
				special education needs and the Department determines that the child should be
				placed in community residential care for non-educational reasons, then the
				Department shall share the cost of the placement with the local educational
				agency.
Where a child with a 502.5 prototype is placed in a
				  residential school facility, the Department and the LEA will share the cost of
				  the placement equally, if the facility has no Day Rate established by the
				  Massachusetts Rate Setting Commission. Where the Rate Setting Commission has
				  established both Day and Residential Rates for the facility, the LEA shall pay
				  the Day Rate and the Department will pay the difference between the Day Rate
				  and the full Residential Rate. The Department will not enter into a cost
				  sharing agreement at a rate other than that established by the Massachusetts
				  Rate Setting Commission or at a percentage that differs from 50%/50% for
				  placements where no Day Rate is established, unless more than two agencies are
				  involved in sharing the placement cost.
(3)
Other Specific Education
				Placements
. If a child's prototype is 502.6, 502.7, 502.8, 502.9,
				or 502.11, M.G.L. c. 71B requires the responsible LEA to fully fund the
				placement. Therefore, the Department will not pay for or cost share 502.6 -
				502.11 placements. In addition, the Department will not provide substitute care
				to any child in need of special education whose individualized education plan
				(IEP) specifies that a residential school program is necessary to meet the
				educational goals and objectives of the IEP (
i.e
., the IEP
				bears a 502.6 prototype).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.500 - Introduction to Interstate Placement Services

Current through Register 1525, July 5, 2024
110 CMR 7.500 through
				  7.523 set
				  forth the responsibilities of all persons and agencies involved in the
				  placement of children across state lines and across national borders,
				  consistent with Massachusetts law, including M.G.L. c. 119, Appendix
				  §§ 2 - 1
et seq
. (the Interstate Compact on the
				  Placement of Children, hereinafter called "the Compact"); M.G.L. c. 119, §
				  36; M.G.L. c. 18B; M.G.L. c. 28A; and M.G.L. c. 210.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.502 - Interstate Compact Administrator for Massachusetts

Current through Register 1525, July 5, 2024
The Department shall conduct all interstate placement
				  activities through the Office of the Deputy Commissioner, Department of Social
				  Services. The "Compact Administrator" for Massachusetts is the Deputy
				  Commissioner of the Department of Social Services, or his/her
				  designee.