Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.516 - Procedural Requirements When the Commonwealth is the Receiving State

Current through Register 1525, July 5, 2024
(1) Whenever the Interstate Compact
				procedures or the provisions of M.G.L. c. 119, § 36 are applicable, all
				placements of children across state borders into the Commonwealth shall require
				the advance approval, in writing, of the Compact Administrator of the
				Commonwealth.
(2) The Compact
				Administrator of the Commonwealth shall approve the placement so long as the
				proposed placement conforms to the laws of the Commonwealth, and does not
				appear to be contrary to the interests of the child. The placement need not be
				the best possible placement to be approved, so long as it is reasonable and
				satisfactory considering all the relevant circumstances.
(3) The Compact Administrator shall not
				approve a placement of a child into the Commonwealth whenever the provisions of
				the Interstate Compact or the provisions of M.G.L. c. 119, § 36 are
				applicable, unless the following are submitted in advance to the Compact
				Administrator, except that 110 CMR 7.516(a) and (b) shall not be required from
				a public sending agency in a state which is a party to the Interstate Compact:
(a) An individual or blanket bond running to
				the Commonwealth in such penal sum and with such surety or sureties as the
				Department may approve.
(b) A
				written application containing such information relative to such child as the
				Department may require and which includes the statement:
1. that all statements contained in such an
				application are true;
2. that any
				such child becoming a public charge during his minority shall be removed from
				the state by the sending agency not later than 30 days after notice from the
				Department;
3. that such child
				shall be removed from the state by the sending agency immediately upon his
				release from any penal or reformatory institution or training school to which
				he has been committed, within three years of his arrival within the state, for
				juvenile delinquency or crime;
4.
				that such child shall be placed or boarded by the sending agency under such
				agreement as will secure to him a proper home and surroundings, and as will
				render his custodian responsible for his proper care, education and training,
				under adequate supervision and subject to annual visitation by an agent;
				and
5. that such reports relative
				to the child shall be made to the Department as it may require.
(c) The name, date and place of
				birth of the child.
(d) The
				identity and address(es) of the parent(s) and legal guardian(s).
(e) The name and address of the person,
				agency or institution to or with which the sending agency proposes to send,
				bring or place the child.
(f) A
				full statement of the reasons for such proposed action.
(g) Social assessment of the child and family
				(Form ICPC-101).
(h) An opinion
				letter from a member of the Bar of the sending state that surrenders by
				parent(s) and/or termination of parental rights were accomplished fully in
				accordance with the laws of the sending state, or evidence that the process for
				terminating such rights has been commenced in accordance with the laws of the
				sending state.
(i) Copy of all
				court documents relating to custody or adoption of the child, if
				applicable.
(j) A full statement of
				what the Commonwealth is being asked to do regarding the child.
(k) Copy of Request to Place Child (Form ICPC
				100A), if applicable.
(l) Copy of
				Report on Placement Status Change of Child (Form ICPC 100B), for all
				retroactive applications.
(m) A
				home study of the proposed placement site in the Commonwealth conducted by a
				placement agency licensed or approved by the Office for Children.
(n) If a child is of Indian heritage,
				verification that the placement is in compliance with the Indian Child Welfare
				Act.
(o) In any case where
				parent(s) have terminated their parental rights and have surrendered their
				child to a person or agency in the Commonwealth, a statement naming as the
				sending agency, a state child welfare agency or other financially responsible
				entity, signed and acknowledged by said financially responsible entity as to
				its financial obligation.
(p) In
				the case of placement for purposes of adoption, a description of each expense
				incurred or to be incurred by the adoptive parents, the amount of each such
				expense, the name and address of the payee and the date of payment.
(q) In the case of placement for purposes of
				adoption, medical background information on the child (if born) and on the
				natural parents.
(r) Evidence of
				authority of sending agency to place child which may consist of any of the
				following as appropriate:
1. Court
				order;
2. Executed Voluntary
				Placement Agreement;
3. A notarized
				statement by a parent or legal guardian acting as a sending agency;
4. Executed surrender form executed in
				accordance with the requirements of the sending state.
(s) Whenever a private child welfare agency
				is the sending agency, a copy of its current license.
(t) A pre-placement visitation plan which is
				consistent with good social work practice.