reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.14 - Antipsychotic Drugs

Current through Register 1525, July 5, 2024
(1) "Antipsychotic
			 drugs" shall mean drugs which are used in treating psychoses. Antipsychotic
			 drugs include the below-listed drugs by whatever official name, common or usual
			 name, chemical name, or brand name they may be designated. All isomers, esters,
			 ethers, salts of, or any combination of, drugs listed below are deemed to be
			 antipsychotic drugs. Such antipsychotic drugs shall include, but shall not be
			 limited to:
Generic Name
Trade Name
1 Acetophenazine
Tindal
2 Butaperazine
Repoise
3 Carphenazine
Proketazine
4 Chlorpromazine
Thorazine
5 Chlorprothizene
Taractan
6 Fluphenazine
Prolixin
7 Haloperidol
Haldol
8 Loxapine
Loxitane
9 Mesoridazine
Serentil
10 Molindone
Moban
11 Perphenazine
Trilafon
12 Piperacetezine
Quide
13 Prochlorperazine
Compazine
14 Promazine
Sparine
15 Thioridazine
Mellaril
16 Thiothixene
Navane
17 Trifluoperazine
Stelazine
18 Triflupromazine
Vesprin
(2)
No Consent by Department
. The Department shall not
			 consent to the administration of antipsychotic medication for any individual,
			 but shall in all cases seek parental consent for children in Department care,
			 or prior judicial approval for children in Department custody and wards of the
			 Department.
(3)
Consent
			 by Parents for Children in Department Care
.
(a) When any individual, organization,
			 facility or medical provider seeks to medicate with antipsychotic drugs a
			 child, who is in the care of the Department, Department staff shall not consent
			 to such medication nor shall the Department seek prior judicial approval for
			 administration of such medication. The decision of whether to consent to such
			 medication shall remain with the parents.
(b) If the Department has reason to believe
			 that the parents are guilty of medical neglect by their consent to medicate
			 with antipsychotic drugs or by their refusal to consent to medicate with
			 antipsychotic drugs, the Department shall seek custody of the child through a
			 court proceeding which alleges medical neglect.
(c) The 110 CMR 11.14(3)(a) and (b) apply
			 whether or not the child consents to the administration of antipsychotic
			 medication.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.15 - Electroconvulsive Treatment or ECT (Shock Treatment)

Current through Register 1525, July 5, 2024
(1)
Consent by Child if 16 Years
			 of Age or Older
. No person other than the child may consent to ECT
			 if the child is 16 years of age or older and:
(a) is not a patient at a mental health
			 facility; or
(b) is on voluntary
			 admission status or conditional voluntary admission status to a mental health
			 facility.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.16 - Commitment to a Mental Health Facility

Current through Register 1525, July 5, 2024
(1)
Definition
.
Mental health facility
means a public
				or private facility for the inpatient care or treatment or diagnosis or
				evaluation of mentally ill or mentally retarded persons, except for the
				Bridgewater State Hospital.
See
M.G.L. c. 123, § 1.
				Community residential care facilities for children (as defined at
				110 CMR
				7.120) are not mental health facilities for
				purposes of
				110 CMR
				11.00.
(2)
Consent by Child if 16 Years
			 of Age or Older
. Any child who has attained 16 years of age may
			 apply for voluntary admission to a mental health facility. In the case of such
			 an application by the child, no additional consent either from the Department
			 or from parents is necessary.
See
M.G.L. c. 123, §
			 10(a).
(3)
Consent by
			 Parent
. A parent may consent to the admission of their child to a
			 mental health facility when:
(a) the child is
			 in the care of the Department and is under 16 years of age; or
(b) the child is in the care of the
			 Department and is between 16 and 18 years of age and does not consent to
			 admission to a mental health facility.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.18 - Legal Proceedings

Current through Register 1525, July 5, 2024
(1) Whenever the
			 Department may not consent to a medical procedure, but must seek prior judicial
			 approval for such procedure, the Department shall seek the appointment of a
			 guardian ad them to investigate whether such procedure should be administered,
			 and thereafter report back to the court.
(2) At any subsequent hearing when the court
			 is considering the question of whether such treatment ought to be administered,
			 the Department shall not request that the court authorize the Department to
			 consent to such treatment; but rather the Department shall request that the
			 court, using a substituted judgment standard, make the decision whether to
			 authorize such treatment.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.19 - Autopsy

Current through Register 1525, July 5, 2024
For children in the care of the Department at the time of their
				death, the right to consent or refuse to consent to an autopsy belongs to the
				parent(s). The Department shall not consent to an autopsy for children who die
				while in the care of the Department, unless the Department, after diligent
				efforts, is unable to contact the parent(s) to seek their consent, in which
				case the Department may then consent.
For wards or children in the custody of the Department at the
				time of their death, the Department may request and may consent to an
				autopsy.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.20 - Burial

Current through Register 1525, July 5, 2024
Burial of wards or children in the care or custody of the
				Department at the time of their death shall be accomplished by consulting with
				the parents, in the first instance. If the parents refuse to make burial
				arrangements or cannot be contacted, the Department shall make and pay for
				appropriate burial arrangements, consistent with the provisions of M.G.L. c.
				119, § 23(H).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.21 - Organ Donation

Current through Register 1525, July 5, 2024
For children in the care of the Department at the time of their
				death, the right to consent or refuse to consent to a request for organ
				donation after the child's death belongs to the parent(s). The Department shall
				not consent to organ donation by children who die in the care of the
				Department.
For wards or children in the custody of the Department at the
				time of their death, the Department shall determine on a case-by-case basis
				whether to consent to a request for organ donation.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.22 - Confidentiality of Medical Records and Information

Current through Register 1525, July 5, 2024
(1) Except for cases in litigation (in which
			 case
			 110 CMR
			 12.09 shall govern), with respect to the
			 medical records of a child in the care or custody of the Department or a child
			 who is a ward of the Department:
(a) The
			 Department shall not distribute or release medical documents or information
			 contained anywhere in a child's record or case file to any unauthorized person
			 (as defined at 110 CMR 11.22(3)) without the written consent of one of the
			 child's parents or without an order of a court of competent
			 jurisdiction.
(b) The child's
			 parent(s) or attorney or guardian or guardian ad litem shall have access to all
			 medical documents or information contained anywhere in a child's record or case
			 file; unless the person who contributed such information has requested in
			 writing to the Department that the information not be disclosed (for which
			 purpose the mere stamp "Confidential" shall not be sufficient), or unless
			 otherwise provided by statute. The child's parent(s) may also request medical
			 documents regarding their child directly from the hospital or medical provider
			 pursuant to the provisions of the "Patient's Bill of Rights" at M.G.L. c. 111,
			 § 70E.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.23 - Children as Research Subjects

Current through Register 1525, July 5, 2024
Parents shall retain the right to consent to participation by
				their child in any medical or psychological research. If the parents consent,
				the Department shall also consent. If the parents refuse to consent, the child
				shall not participate. Medical research includes physical examinations,
				laboratory tests of any kind, and psychological examinations and tests. For
				children in the custody of the Department pursuant to a surrender for adoption,
				termination of parental rights, or where parents cannot be located, the
				Department shall seek prior judicial approval.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.24 - Consent Standard

Current through Register 1525, July 5, 2024
In all cases where the Department has the right to consent to
				medical care for a ward or a child in its care or in its custody, the
				Department shall consider exclusively what will serve the child's best
				interests.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.01 - Purpose

Current through Register 1525, July 5, 2024
110 CMR
				12.00 defines how the Department shall fulfill the
				statutory mandate of M.G.L. c. 119, § 51F to "maintain a Central
				Registry."
				110 CMR
				12.00 also specifies the information kept in the
				Registry and enumerates the rules for access to information kept in the
				Registry. Lastly,
				110 CMR
				12.00 sets forth rules for access to other Department
				files or information.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.02 - Confidentiality of Department Records

Current through Register 1525, July 5, 2024
Access to the Department's records * is governed by several
				sources of law:
(1) M.G.L. c. 119,
			 §§ 51E and F
(2) M.G.L.
			 c. 66A ("FIPA")
(3) M.G.L. c. 4,
			 §.7 clause 26 and M.G.L. c. 30, § 42 and M.G.L. c. 66 (Public Records
			 Law)
(4) M.G.L. c. 210, § 5C
			 and 5D (adoption records)
(5) See
			 also M.G.L. c. 112, § 135 for limitation upon oral testimony by certain
			 Department employees.
110 CMR
				12.00 which follow define how the Department will act
				to safeguard the confidentiality of client records.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.03 - Central Registry - Contents

Current through Register 1525, July 5, 2024
The Central Registry shall contain, but need not be limited to,
				all identifying data that is known ("identifying data" shall mean name, date of
				birth, sex, ethnicity, and address) for each child who is the subject of a
				report pursuant to M.G.L. c. 119, § 51A.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.04 - Central Registry - Expungement

Current through Register 1525, July 5, 2024
Expungement, as mandated by M.G.L. c. 119, § 51F, shall be
				a computerized process whereby, with respect to a particular reported incident,
				the name and all other identifying characteristics relating to any child which
				is contained in the Central Registry, or to his parents or guardian, is
				permanently removed from the Central Registry.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.05 - Department Records - Expungement

Current through Register 1525, July 5, 2024
Expungement, as mandated by M.G.L. c. 119, § 51E, shall be
				either:
(a) a manual redaction process
			 whereby, with respect to a particular reported incident, the name and all other
			 identifying characteristics relating to any child or to his parents or
			 guardian, is permanently removed or redacted from the Departments 51A standard
			 report form, and the Departments 51B standard investigation form; or
(b) the shredding of the 51A and 51B forms.
			 The Department may elect either of the above expungement options.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.06 - Release of Information - Providers

Current through Register 1525, July 5, 2024
(1) The
			 Department may release to any Department provider or other individual or entity
			 acting at the Department's request, any records, documents, or information
			 which in the judgment of the Department is necessary for service delivery to
			 children in the care or custody of the Department.
Commentary
In order to adequately serve the children in its care and
				custody, the Department must necessarily release a variety of personal
				information about a child (as well as the child's family and other third
				parties) to a variety of providers or other individuals who serve the child,
				such as the child's doctor, dentist, psychiatrist, hospital, school, foster
				parents, day care center, private placement or adoption agency, camp, etc.
				Providers (e.g. day care centers, camps, etc.) under contract with the
				Department may receive and hold information from the Department, subject to the
				same restrictions upon release as apply to the Department. Other individuals or
				entities (e.g. doctors, hospitals, schools, etc.) may be given so much
				information as is, in the Department's judgment, necessary for them to provide
				needed services.
(2) Only
			 employees of the Department may release information from Department files. Only
			 the Commissioner or his/her designee may release information from the
			 Departments Central Registry. Agencies or providers under contract with the
			 Department holding Department records must consult the Department before
			 releasing any information or documents from the Department's files.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.07 - Release of Information - Subpoena or other Legal Process

Current through Register 1525, July 5, 2024
Whenever any Department records, documents or information are
				sought by compulsory legal process (subpoena, etc.) in any civil proceeding
				(for criminal proceedings, see
				110 CMR 4.53 ) the
				Department shall not release such records until the Department has made
				reasonable efforts to notify each data subject identified in the records, so
				that s/he has reasonable time to seek to have the process quashed, in
				accordance with M.G.L. c. 66A, § 2(k). The Department's efforts to notify
				the data subject(s) may be written or oral, including notice by telephone. If
				the Department is unable to contact a data subject, the Department shall
				document in the case record the efforts made to contact the data subject, and
				thereafter the Department shall release the records sought.
In the alternative (and especially for voluminous records or
				files) the Department may elect to bring the entire file (unredacted, and
				without prior notification to any third parties named therein) before a judge
				in camera, and seek an order from said judge as to which records must be
				released by the Department. Then, before releasing such records as ordered by
				the judge, the Department shall attempt to notify third parties, as set forth
				in 110 CMR 12.07.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.09 - Release of Information - Litigation

Current through Register 1525, July 5, 2024
(1)
			 In all court proceedings (including but not limited to care and protection
			 actions, termination of parental rights actions, etc.) in which the Department
			 or a provider under contract with the Department is a party, a copy of the
			 entire social services file, including the pertinent 51A reports and 51B
			 investigations, shall be made available, upon written request, to any of the
			 following individuals:
(a) A court
			 investigator appointed pursuant to M.G.L. c. 119, § 24
(b) A court-appointed guardian ad
			 litem
(c) An officer of the court
			 assigned by the judge to the case
(d) An attorney for the child, parent or
			 legal guardian, if that attorney has been appointed or retained for the
			 particular proceeding
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.10 - Release of Information - Non-litigation

Current through Register 1525, July 5, 2024
(1)
			 Unless specifically governed by another provision in 110 CMR 12.10, all records
			 held by the Department about a person are available to that person, with all
			 third-party identifiers redacted, except for identifiers of third parties who
			 are employees or providers of the Department, which shall not be
			 redacted.
(2) Parent(s) may have
			 access to their minor child's records until the child reaches 18 years of age.
			 After a child reaches 18 years of age, parent(s) do not have access to their
			 child's records without the child's consent.
(3) In order to obtain records, an individual
			 must file a written request directed to the Area or Regional Director where the
			 records are located. (In the event of uncertainty, such a written request may
			 be directed to either). Fees for copying records shall be charged in accordance
			 with the Department's fee schedule.
(4) Before releasing said record(s), a member
			 of the Department's legal staff shall review the record(s), and remove any
			 records of attorney-social worker conversations which may be considered
			 attorney work product and/or privileged.
(5) Whenever the Department has reason to
			 believe that disclosure to any requesting individual of all or a portion of the
			 Department's records would be contrary to a child's best interests, the
			 Department shall deny access and shall furnish to the requesting individual a
			 written explanation of the reason(s) for denying access.
(6) Whenever the Department releases any copy
			 of a 51A report or 51B investigation, the name of (and any other reasonably
			 identifying data concerning) the reporter shall be redacted.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.11 - Release of Information - Consent of Data Subject

Current through Register 1525, July 5, 2024
Whenever information may be released if the data subject
				"consents", the Department may obtain such consent in writing or orally,
				including by telephone; however, the Department shall make reasonable efforts
				to verify the data subject's identity; and shall, if no written consent is
				given, file a record of any oral approval in the case record.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.13 - Release of Information - Medical Records

Current through Register 1525, July 5, 2024
Release of any medical records, documents or information
				("medical" shall include psychiatric and dental) from any Department file is
				governed by
				110 CMR
				11.22.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.14 - Release of Information - Bureau of Special Investigations

Current through Register 1525, July 5, 2024
Any authorized agent or representative of the Bureau of Special
				Investigations may have access to any documents, records, or files of the
				Department. See, M.G.L. c. 7, § 30(R) and (T).
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.15 - Release of Information - Bureau of Special Investigations

Current through Register 1525, July 5, 2024
Any authorized agent of the Department of Youth Services (DYS)
				may have access to any documents, records, or files of the Department regarding
				a child who is at the time of the request for access, in the custody of DYS.
				See M.G.L. c. 119, § 69A.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.16 - Correction of Information by Client

Current through Register 1525, July 5, 2024
A Department client shall have the right to furnish to the
				Department, for inclusion in his/her record, a written statement of his/her
				version of any fact(s), in order to correct, supplement, or clarify any matter
				contained in the Department's file with which the client disagrees or is
				dissatisfied.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 12.00 - Records › Section 12.17 - Release of Information - Other State Agencies

Current through Register 1525, July 5, 2024
The Department may provide personal data, as that term is
				defined by M.G.L. c. 66A, § 1, to other state agencies for the sole
				purpose of enabling the receiving state agency to apply for and to receive
				federal funds, provided that the receiving state agency uses the personal data
				for that purpose and none other.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 13.00 - Case Investigation Unit › Section 13.01 - Introduction

Current through Register 1525, July 5, 2024
(1) The Department shall have a Case
			 Investigation Unit (C.I.U.) within the Central Office of the Department. The
			 C.I.U. shall conduct internal reviews of all Department and contracted casework
			 provider agency cases involving the death of any child who was:
(a) a member of a family with an open case;
			 or
(b) a member of a family being
			 investigated as a result of a M.G.L. c. 1 19, § 51A report received prior
			 to the child's death; or
(c) a
			 member of a family who had an open case within the six months preceding the
			 child's death; or
(d) a member of a
			 family who had a supported 51A report, but a case was not open for services,
			 within the six months proceeding the child's death.
The C.I.U. shall also conduct case investigations on any case
				which does not fall within the criteria in 110 CMR 13.01(1)(a) through (d), if
				requested to do so by the Commissioner.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 13.00 - Case Investigation Unit › Section 13.02 - Procedures

Current through Register 1525, July 5, 2024
(1) Upon learning of the death of a child the
			 social worker shall:
(a) immediately notify
			 her/his supervisor, Area Program Manger and Area Director of the death of the
			 child and the circumstances surrounding the death;
(b) collect as much information as possible
			 about the cause of death and circumstances surrounding the death; and
(c) collect as much information as possible
			 to assess the risk and safety issues for the surviving siblings and/or other
			 children in the setting.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 13.00 - Case Investigation Unit › Section 13.03 - Participation of Department Employees

Current through Register 1525, July 5, 2024
(1)
			 Department employees, if they so request, are entitled to union representation
			 during the C.I.U. investigatory process. The union representative attends at
			 the staff members requests but does not participate in any discussions
			 pertaining to the case materials during the interview.
(2) All Department staff involved with
			 service provisions to the child and her/his family shall have the opportunity
			 to review the final report of the C.I.U. and to provide a written response to
			 the report.
Any written response from any involved staff is submitted,
				through the Area Director, within 30 working day after the Area Office receives
				the report or the exit interview, which ever is later.
(3) Notes from the exit interview and the
			 Area Office's written response to the C.I.U. report shall be included in the
			 C.I.U. file.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 13.00 - Case Investigation Unit › Section 13.04 - Public Access to C.I.U. Report

Current through Register 1525, July 5, 2024
The Department's CRJ report shall remain confidential, and
				shall not be released to any person or entity outside the Department,
				except:
(1) that portion of the C.I.U.
			 report which contains conclusions or recommendations may be released, in whole
			 or in part, with all identifying data removed, if a written request is directed
			 to the Commissioner and if the Commissioner determines that release of this
			 portion, so redacted, would not be contrary to the best interests of the
			 Department's client(s) or other involved parties, or effective law enforcement.
			 In those limited number of cases where publicity accorded the events under
			 investigation is so extensive that mere removal of identifying data would be
			 insufficient to protect existing privacy interests, the report shall remain
			 confidential; and
(2) members of
			 the Department's Professional Advisory Committee may review C.I.U. reports in
			 connection with their advisory function.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 14.00 - Volunteers › Section 14.01 - Use of Volunteers

Current through Register 1525, July 5, 2024
The Department's enabling legislation authorizes collaboration
				with volunteer agencies or organizations to assure efficient and high quality
				social and educational services for persons who are unable for social or
				economic reasons to provide such services for themselves
(see,
M.G.L. c. 18B, § 3). In addition, volunteers are needed to serve as
				independent third party representatives on the Department's foster care review
				panels
(see
M.G.L. c. 18B, § 6A) and multidisciplinary
				service teams
(see
M.G.L. c. 119, § 5 1D). As such,
				volunteers provide a valuable resource to the Department as it strives to
				maximize its delivery of a comprehensive social service program. Furthermore,
				volunteers may be utilized by area, regional or central offices in duties the
				office determines may best assist the agency in its mission.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 14.00 - Volunteers › Section 14.02 - Selection of Volunteers

Current through Register 1525, July 5, 2024
(1) The manner
			 utilized to recruit volunteers shall be designed to encourage participation
			 from all cities and towns within the area or region, from all racial and ethnic
			 groups, and from all economic levels.
(2) Volunteer applicants shall be asked to
			 complete an application which lists educational and employment background, to
			 provide at least two references, and to authorize a check of the Department's
			 Central Registry, the Criminal Offender Record Information (CORI) and Sex
			 Offender Registry Information (SORT) systems.
(3) Volunteer applicants shall be notified in
			 writing whether they have been accepted as a volunteer with the
			 Department.
(4) All volunteers
			 serve at the will of the Department and may be terminated at any time for any
			 reason.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 14.00 - Volunteers › Section 14.03 - Volunteer Requirements

Current through Register 1525, July 5, 2024
(1) Before beginning
			 work for the Department, all volunteers shall receive training. The training
			 shall include information on the mandates and operations of the Department,
			 with a particular emphasis on the laws and regulations governing client
			 confidentiality.
(2) Every
			 volunteer shall sign an Agreement agreeing to comply with 110 CMR and the
			 applicable laws regarding client confidentiality.
(3) Volunteers shall be supervised in the
			 performance of their duties by Department employees.
(4) Volunteers shall comply with any
			 guidelines which may be issued by the Commissioner.
(5) Failure to comply with the Department's
			 applicable laws, regulations or guidelines shall result in the volunteer's
			 removal, by written notice to the volunteer from the Department.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.01 - Introduction

Current through Register 1525, July 5, 2024
Under M.G.L. c. 18B, § 13, the Department is mandated to
				operate with the advice of 40 area boards which consist of a representative
				cross-section of the community. Area boards provide citizens with an
				opportunity to plan, develop, and implement the social services provided in
				their community.
Under M.G.L. c. 18B, § 16, the Department is mandated to
				operate with the advice of one statewide advisory council. The statewide
				advisory council is composed of representatives from the area boards as well as
				members appointed by the Commissioner. The statewide advisory council provides
				citizens with an opportunity to advise the Commissioner in matters of statewide
				interest.
110 CMR 15.00 govern the
				operation, duties, and responsibilities of social service area boards and the
				statewide advisory council.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.02 - Area Board Membership

Current through Register 1525, July 5, 2024
(1) Each area
			 board shall have 21 members. No employee of the Department may be a member of
			 an area board. No more than seven members of an area board may be employees of
			 the Commonwealth or any of its political subdivisions (county employees, city
			 employees, etc).
(2) Area boards
			 shall consist of the following representatives:
(a) Four area consumers;
(b) Three area providers;
(c) One member of the mental health area
			 board;
(d) One member knowledgeable
			 in the field of mental retardation;
(e) Two members of the councils for
			 children;
(f) Two members of the
			 financial or business profession with special fiscal or budgetary
			 skills;
(g) Two members of the
			 community service area boards.
If after diligent efforts, it proves to be impossible to obtain
				individuals as listed above, then other individuals who are knowledgeable about
				the required subject matter may be temporarily appointed.
Every effort will be made to ensure that Area Boards reflect
				the demographic composition in their communities, and to ensure that all
				minority groups (blacks, hispanics, handicapped, etc.) are represented.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.03 - Appointment to Area Board: Term of Office

Current through Register 1525, July 5, 2024
(1)
			 Area board members shall be appointed by the Commissioner. The term of
			 appointment shall be three years. Members shall serve no more than two full
			 consecutive terms of three years each.
(2) Area board members may be removed at any
			 time by the Commissioner, according to the provisions of
			 110 CMR 15.00.
(3) The Commissioner may appoint an
			 individual to serve during the remainder of the term of any board member whose
			 seat becomes vacant for any reason.
(4) The area board shall provide, for the
			 Commissioner's consideration, one or more names of candidates for each expiring
			 term or vacancy.
(5) Area board
			 members shall be sworn to the faithful performance of their duties, pursuant to
			 the provisions of M.G.L. c. 30, § 11 and M.G.L. c. 222, § 3, by
			 taking the oath prescribed by the Constitution of the Commonwealth.
(6) The area board shall notify the
			 Commissioner in the event that it ceases to meet the qualifications of
			 membership enumerated in
			 110 CMR 15.00. The
			 Commissioner may authorize a period of time during which said requirements may
			 be suspended, while requiring that efforts be made to meet said
			 qualifications.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.04 - Rules

Current through Register 1525, July 5, 2024
With the prior written approval of the Commissioner, each area
				board may adopt such rules as it may decide are necessary or helpful for the
				conduct of its business. Proposed rules shall be reduced to writing and adopted
				by a majority of the area board members present and voting. Within three days
				of the board's adoption of such rules, a copy shall be forwarded to the
				Commissioner who shall have 30 days to approve or disapprove, and to notify the
				board of approval or disapproval in writing.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.05 - Officers

Current through Register 1525, July 5, 2024
(1) Each area board shall annually elect one
			 member as president and such other officers as may be required. The election of
			 officers shall occur no later than the second regularly scheduled meeting of a
			 calendar year. The election shall be by secret ballot. Prior to the annual
			 election of officers, the board shall insure that the members of the board are
			 apprised of the qualifications of the candidates for president and any other
			 officers to be elected.
(2) No
			 person may serve more than two consecutive full terms of one year each as
			 president. Upon election the president shall preside over each meeting, unless
			 the board provides otherwise in its rules. The president shall have the sole
			 and exclusive power to appoint members of the board to committees.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.06 - Committees

Current through Register 1525, July 5, 2024
(1) The area board may establish such
			 standing committees, special committees, or sub-committees as it deems
			 necessary to conduct the business of the board.
(2) Each area board shall establish one
			 committee which shall conduct the annual needs assessment for social services,
			 as set forth in
			 110 CMR 15.00.
(3) In order to broaden citizen participation
			 on area boards, the president may appoint persons who are not board members to
			 committees. Non-board members may be appointed to any committee except an
			 executive committee, if they have expressed a willingness to serve and if they
			 have a particular expertise or perspective which would contribute to the
			 committee's work.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.07 - Meetings and Proceedings of the Area Board

Current through Register 1525, July 5, 2024
(1)
			 Each area board shall hold meetings as often as the President shall require,
			 but must meet at least four times in each calendar year.
(2) Area board meetings shall be held in
			 conformance with the Open Meeting Law, M.G.L. c. 30A §§ 11A and 11A
			 1/2. Notice of area board meetings shall be filed with the Secretary of the
			 Commonwealth and the Secretary of Administration and Finance at least two
			 calendar days prior to the scheduled meeting.
(3) Notice of regularly scheduled meetings
			 must be given to all board members and to the Area Director in writing at least
			 ten days in advance of the meeting.
(4) A special meeting of the board may be
			 called by the president, by the Area Director, or by at least ten members of
			 the board, by written notice to all members and to the area director. Any such
			 notice of a special meeting shall be issued at least three days in advance of
			 the meeting and shall contain the names of the person or persons calling the
			 meeting and the proposed agenda.
(5) The Area Director shall provide staff
			 support to the Area Board, shall work with the Board to achieve its purposes,
			 and shall work with the Board's President regarding the Board's
			 agenda.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.08 - Quorums: Voting

Current through Register 1525, July 5, 2024
(1) Any proposed
			 business requiring a vote shall be considered carried and adopted if it is
			 supported by the vote of a majority of those members present.
(2) No proposed business requiring a vote
			 shall be acted upon or voted upon unless at least seven members of the board
			 are present.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.09 - Area Director Selection

Current through Register 1525, July 5, 2024
(1) The
			 Department shall recruit qualified applicants whenever there is a vacancy in
			 the position of Area Director. The Department shall submit the name(s) of the
			 final candidate(s) to the area board. The area board shall have the opportunity
			 to interview the final candidate(s). The Commissioner, with the advice of the
			 area board, shall appoint the Area Director.
(2) The Commissioner may designate any person
			 to act as temporary Area Director in any case in which the office is vacant,
			 until such time as a replacement selection is made.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.10 - Annual Needs Assessment

Current through Register 1525, July 5, 2024
(1) Each area board
			 shall participate in the needs assessment for social services in its area. The
			 needs assessment shall be conducted annually.
(2) The purpose of the needs assessment
			 process is to identify social services needed by area residents, which are
			 either not being offered by the Department, or are not offered in sufficient
			 quantity or quality. The needs assessment shall be conducted and reduced to
			 writing following uniform guidelines developed by the Department.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.11 - Area Plans

Current through Register 1525, July 5, 2024
(1) Annually, the
			 Area Director shall furnish to each area board member a copy of the draft
			 annual area plan and a proposed budget for the following fiscal year. The draft
			 area plan shall describe the resources which will be utilized to provide social
			 services in the area, and each category of planned social services. The
			 proposed budget shall specify the amount of funds which are to be allocated for
			 each category of planned social services contained in the area plan.
(2) The area board shall review the draft
			 area plan and budget and shall submit its recommendations in writing to the
			 Area Director. Any sections which the board disapproves shall be accompanied
			 with a proposed, revised section. The Area Director shall meet with the board
			 to attempt to resolve any differences between the draft area plan and the
			 board's recommendations. However, the decision of the Area Director shall be
			 final.
(3) The board shall certify
			 to the Area Director, the Regional Director and the Commissioner whether it has
			 or has not approved the annual area plan.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.12 - Regional Review

Current through Register 1525, July 5, 2024
(1) The Regional
			 Director shall call an annual meeting of all of the area boards in the region.
			 The Regional Director shall preside at such meeting.
(2) The purpose of the regional meeting is to
			 consider the needs assessment and the proposed area plans from a regional
			 perspective. The meeting shall attempt to balance competing needs for resources
			 and shall also designate area responsibility for new program
			 development.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.13 - Receipt of Funds and Incorporation

Current through Register 1525, July 5, 2024
(1) Subject to
			 the prior written approval of the Commissioner, area boards may receive or
			 solicit funds. The Commissioner shall issue guidelines which shall govern the
			 solicitation, receipt, and expenditure of any funds by area boards.
(2) No area board may incorporate itself, nor
			 may any group of area board members incorporate, for a purpose relating in any
			 way to the delivery of social services.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.14 - Review of Proposals

Current through Register 1525, July 5, 2024
(1) Each area board
			 (or sub-committee established for that purpose) shall review, and make
			 recommendations concerning, proposals submitted to the Department for the
			 provision of social services within the area.
(2) The Area Director shall determine
			 annually the manner in which proposal review shall be accomplished by the area
			 board.
(3) The board shall make one
			 of the following written recommendations following its review of each proposal:
(a) "Recommended". The board may include
			 detailed comments which describe how the proposal could be further
			 strengthened.
(b) "Not
			 recommended". The board shall include a detailed statement indicating the
			 reasons for this determination.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.15 - Review of Contracts

Current through Register 1525, July 5, 2024
No more frequently than twice per calendar year, the Board may
				request from and receive from the Area Director a list of all contracts for
				programs or services which have been entered into which are a part of the area
				program of social services. The board may in addition request and receive a
				copy of the actual contract(s). Following its review, the area board may make
				written recommendations to the Area Director.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.16 - Statewide Advisory Council

Current through Register 1525, July 5, 2024
(1) There shall
			 be a statewide advisory council which shall advise the Commissioner in matters
			 of statewide interest relating to the delivery of social services.
(2) The council shall have 45 members elected
			 or appointed in the following manner:
(a)
			 Each area board shall elect one of its members to serve for a term of one year;
			 and may elect an alternate delegate to serve and vote in the absence of the
			 elected delegate.
(b) The
			 Commissioner shall appoint five members to serve on the council. Each appointed
			 member shall serve for a term of one year.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 15.00 - Area Boards And Statewide Advisory Council › Section 15.17 - Conflict of Interest

Current through Register 1525, July 5, 2024
(1) Area board and
			 statewide advisory council members shall comply with all provisions of the
			 state conflict of interest law as mandated under M.G.L. c. 268A.
(2) If any matter comes before the board in
			 which any board member or statewide advisory council member (or any member of
			 his or her immediate family) has a financial interest, that member shall
			 immediately inform both the Commissioner and the State Ethics Commission, in
			 writing, of his/her financial interest in the matter. Furthermore, that area
			 board or statewide advisory council member shall not participate in any
			 proceedings or votes of the board which concern the matter in which the member
			 (or any member of his or her immediate family) has a financial
			 interest.
(3) No area board or
			 statewide advisory council member shall directly or indirectly advocate to any
			 other member a position which would benefit his or her financial interest or
			 that of any member of his or her immediate family.
(4) No member of the statewide advisory
			 council or any area board shall:
(a)
			 improperly disclose confidential information acquired in the course of official
			 duties nor use such information to further personal interests;
(b) use or attempt to use his or her official
			 position to secure unwarranted privileges or exemptions or give the appearance
			 of any such action;
(c) by his or
			 her conduct give reasonable basis for the impression that any person can
			 improperly influence him or her; or
(d) pursue a course of conduct which will
			 raise suspicion among the public that he or she is likely to be engaged in acts
			 that are in violation of the trust of the office of a board or council
			 member.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 16.00 - Requests For Research › Section 16.01 - Introduction

Current through Register 1525, July 5, 2024
110 CMR
				16.02 shall be the criteria for approval or
				denial of research requests when the Department receives requests for access to
				Department data by independent researchers.
				110 CMR
				16.00 shall apply to projects originating outside of
				the Department, to research requested and contracted for by the Department or
				to routine requests from outside individuals or organizations for aggregate
				data.
Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 16.00 - Requests For Research › Section 16.02 - Criteria for Approval of Research Requests

Current through Register 1525, July 5, 2024
(1)
			 The expected end-product(s) of the research will benefit the Department in one
			 or more of the following ways:
(a) it will
			 provide significant information that is not otherwise available and will be of
			 use in improving case practice or service delivery, or in developing new or
			 improving current delivery; and/or
(b) it will result in provision of useful
			 training for the Department by the research team or their associates, that is
			 otherwise unavailable for Department staff, foster parents and/or providers;
			 and/or
(c) it can be used to
			 improve management of service delivery by increasing knowledge of family needs,
			 service costs, effectiveness and/or benefits; and/or
(d) it will aid the development of new
			 mechanisms for service, personnel, systems or fiscal administration.