110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES Table of Contents 110 CMR 1.00: PRINCIPLES AND RESPONSIBILITIES OF THE DEPARTMENT OF CHILDREN AND FAMILIES 1.01: 1.02: 1.03: 1.04: 1.05: 1.06: 1.07: 1.08: 1.09: 1.10: 1.11: 1.12: 1.13: 1.14: 1.15: Statement of Philosophy Principles of Service Goals for Children in Substitute Care Courteous and Prompt Service Fair, Just, and Equitable Provision of Services Special Provisions Relating to Linguistic and Cultural Minorities Special Provisions Relating to Native Americans Special Provisions Relating to Handicapping Conditions Special Provisions Relating to Nondiscrimination Special Provisions Relating to Incarcerated Parents Special Provisions Relating to Homeless Families Special Provisions Relating to Refugees/Unaccompanied Refugee Minors Use of Commentaries Future Changes Severability 110 CMR 2.00: GLOSSARY 110 CMR 3.00: INFORMATION AND REFERRAL SERVICES 3.01: 3.02: 3.03: 3.04: 3.05: Introduction How to Request Information and Referral Services Eligibility for Information and Referral Services Case Record How Services are Provided 110 CMR 4.00: INTAKE Intake for Voluntary Service Delivery 4.01: Requests for Services 4.02: Review of Application 4.03: Response Time for Application 4.04: Eligibility to Receive Social Services 4.05: Decision to Provide Social Services to Eligible Applicants 4.06: Notification of Eligibility 4.07: Redetermination of Eligibility 4.08: Sliding Fee for Services 4.08A: Fees for Voluntary Substitute Care Services 4.08B: Fees for Nonvoluntary Substitute Care Services 4.08C: Fees for All Services Other Than Substitute Care 1/31/14 110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES 4.09: Parents of Children Who Are in Substitute Care and are Entitled to SSI/Soc. Sec./V.A./Other Benefits 4.10: Voluntary Placement Agreements - Execution 4.11: Voluntary Placement Agreements - Form 4.12: Voluntary Placement Agreements - Termination 4.13: Voluntary Placement Agreements - Mature Child 4.14: Voluntary Placement Agreements - Miscellaneous 4.15: Surrenders for Adoption Intake for Protective Service Delivery 4.20: Receipt of Reports of Alleged Abuse or Neglect - Reporting Process 4.21: Screening of Reports of Alleged Abuse or Neglect 4.21A: Screened for Follow Up 4.22: Screening - Collateral Contacts 4.23: Screening - Entry Into Central Registry 4.24: Screening - Notification to Mandated Reporters 4.24A: Screening - Identification of Family Members 4.25: Screening - Emergency and Non-emergency Responses 4.26: Investigation of Emergency Reports 4.27: Investigation of Non-emergency Reports 4.28: Screening and Investigation of Reports Involving Department Employees, Department EmployeeвЂ™s Household or Family Members, Foster Parents, Preadoptive Parents or Area Board Members 4.29: Emergency Removal 4.30: Assignment of Second or Subsequent Reports for Investigation 4.31: Time Frames for Completion of Investigation 4.32: Decision to Support/Unsupport a Report 4.33: Perpetrator/Caretaker 4.34: Department's Custodial Powers - Miscellaneous 4.35: Flow Chart 4.36: Registry of Alleged Perpetrators 4.37: Listing of Alleged Perpetrators 4.38: Access to the Registry of Alleged Perpetrators Abuse or Neglect in an Institutional Setting 4.40: To Whom Reported 4.41: How Handled 4.43: Telephone Notice 4.44: Accompaniment of Department Investigator 4.45: Information Sharing 4.46: Testimony by Department Employees 4.47: Follow-up Actions 4.48: Information Requests from Day Care Facilities, Schools and Other Child Care Facilities Reports and Referrals to the District Attorney 4.50: Introduction 1/31/14 110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES 4.51: 4.52: 4.53: 4.54: Mandatory Reporting to the District Attorney Discretionary Reporting to the District Attorney Procedures Multi-disciplinary Service Team Intake for CHINS Service 4.60: Scope of 4.60 through 4.67 4.61: General Provisions 4.62: Court Referral 4.63: Court-ordered Pre-trial Detention 4.64: Court-prescribed Services (No Custody to Department) 4.65: Court-ordered Commitment (Custody to Department) 4.67: Department Employees at CHINS Court Proceedings Intake for Single Service Cases 4.70: Eligibility for Single Service Cases 4.71: Case Management 4.72: Application Information Required 4.73: Limited Assessment for Single Service Cases 4.74: Delivery of Service 4.75: Sliding Fee 4.76: Denial, Reduction, or Termination of Services 110 CMR 5.00: ASSESSMENT 5.01: 5.02: 5.03: 5.04: 5.05: Introduction When Required When Completed How Conducted Administrative Review 110 CMR 6.00: SERVICE PLANS AND CASE REVIEWS 6.01: 6.02: 6.03: 6.04: 6.05: 6.06: 6.07: 6.08: 6.09: 6.10: 6.11: 6.12: 6.13: Service Plan - Description and Purpose Service Plan - Requirement Service Plan - Elements (Generally) Service Plan - Elements (Children in Substitute Care) Service Plan - Elements (Single Service Cases) Service Plan - Time for Completion; Case Opening Service Plan - Agreement by Client Service Plan - Review of Existing Plan Service Plan - Writing a New Plan Case Review - Types of Case Reviews Case Review - Area Based Case Review (ABCR) Case Review - Foster Care Review (FCR) Judicial Review/Permanency Hearing 1/31/14 110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES 110 CMR 7.000: SERVICES Purchase of Services 7.001: Introduction to Purchase of Services 7.002: Providers - Procedures for the Purchase of Services 7.003: Providers - Delivery of Services 7.004: Providers - Contract Termination 7.005: Public Private Partnership Program (PPPP) 7.006: PPPP - Eligible Partners 7.007: PPPP - Administration 7.008: PPPP - Procurement Procedures 7.009: PPPP - The Partner Commitment Services of Other Agencies 7.010: Services of Other Agencies 7.011: Interagency Childrens' Services Team 7.012: Interagency Agreements Homemaker Services 7.020: Introduction to Homemaker Services 7.021: Eligibility 7.022: Limitation 7.023: Application Information Required 7.024: Sliding Fee 7.025: Denial, Reduction, or Termination of Services Family Support Services 7.030: Introduction to Family Support Services 7.031: Eligibility 7.032: Limitation 7.033: Application Information Required 7.034: Sliding Fee 7.035: Denial, Reduction, or Termination of Services Babysitting Services 7.040: Introduction to Babysitting Services 7.041: Eligibility 7.042: Limitation 7.043: Application Information Required 7.044: Sliding Fee 7.045: Babysitting Providers 7.046: Denial, Reduction, or Termination of Services Respite Care 7.050: Respite Care for Families with Developmentally Disabled Members 1/31/14 110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES 7.051: Other Respite Care Parent Aide Services 7.060: Introduction to Parent Aide Services 7.061: Target Population 7.062: Purchased Parent Aide Services 7.063: Limitation 7.064: Denial, Reduction, or Termination of Services Day Care Services 7.070: Introduction to Supportive Child Care Services 7.071: Supportive Child Care 7.072: Eligibility - Need 7.073: Intake for Supportive Child Care Services 7.074: Sliding Fee 7.075: Denial, Reduction or Termination of Services 7.076: Exceptions to Sliding Fee 7.077: Redetermination 7.078: Delinquent Payments - Termination of Basic Child Care Services 7.079: Denial, Reduction, or Termination of Services Counseling and Case Management Services 7.080: Introduction to Counseling and Case Management Services 7.081: Eligibility 7.082: Application Information Required 7.083: Sliding Fee 7.084: Denial, Reduction, or Termination of Services Emergency Shelter Services 7.090: Introduction to Emergency Shelter Services 7.091: Scope of Services 7.092: Application for Emergency Shelter Services 7.093: Approval of Application for Emergency Shelter Services 7.094: Sliding Fee 7.095: Limits on Use of Emergency Shelter Services Substitute Care 7.100: Eligibility and Recruitment of Foster/Pre-adoptive Parent Applicants 7.101: Out-of-home Placements 7.102: Applicability of 110 CMR 7.100 through 7.303 7.103: Application to Become a Foster Parent/Pre-adoptive Parents 7.104: Standards for Licensure as Foster/Pre-adoptive Parents 7.105: Standards for Licensure of Foster/Pre-adoptive Homes 7.106: Department Employees as Foster/Pre-adoptive Parents 7.107: Assessment and Licensure of Foster/Pre-adoptive Parent Applicants 7.108: Kinship or Child-specific Placements 1/31/14 110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES 7.109: 7.111: 7.112: 7.113: 7.114: 7.115: 7.116: 7.117: 7.118: 7.119: 7.120: 7.121: 7.122: 7.123: 7.124: 7.125: 7.126: 7.127: 7.128: 7.129: 7.130: 7.131: TAFDC Grantee Relative vs. Department Foster Care Payments Written Agreement Between Department and Foster/Pre-adoptive Parents Department Obligations to Foster/Pre-adoptive Parents Reassessment of Foster/Pre-adoptive Parents and Foster Homes Temporary Placement of Foster Children in Care of Persons Other than Foster/Pre-adoptive Parents Runaway Foster Children Removal of Foster Children from Foster/Pre-adoptive Homes License Revocation Foster/Pre-adoptive Parent Appeals Access to Foster/Pre-adoptive Parent File Community Residential Care Periodic Health Care - Generally Periodic Health Care - Training Periodic Health Care - Project Good Health Periodic Health Care - Medical Passport Periodic Health Care - Emergency Treatment at Time of Placement Periodic Health Care - Routine Treatment After Placement Periodic Health Care - Responsibility of Substitute Care Providers Visitation Legal Representation for Injured Children in Substitute Care Reimbursement/Stipend to Foster/Pre-adoptive Parents Department Certification Adoption 7.200: Special Provisions Regarding Pre-adoptive Placements 7.209: Adoption Subsidy 7.209A: Nonrecurring Adoption Expenses 7.210: Post Adoptive Services 7.211: Adoption Records 7.212: Fair Hearings and Grievances on Adoption-related Matters 7.214: Claims of Paternal Responsibility 7.215: Open Adoption Guardianship 7.300: Policy on Guardianship 7.301: Selecting Children To Be Considered For Department Sponsored Guardianship 7.302: Implementation of Guardianship 7.303: Guardianship Subsidy Special Education Services 7.400: Provision of Education Services to Children in Department Care or Custody 7.401: Special Education Definitions 7.402: Advocacy on Behalf of Children with Special Needs in Department Care or Custody 7.403: Referral for Special Education Assessment and Services 1/31/14 110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES 7.404: Cost Sharing Interstate Placement Services 7.500: Introduction to Interstate Placement Services 7.501: Interstate Placement Definitions 7.502: Interstate Compact Administrator for Massachusetts 7.503: Applicability of the Interstate Compact and M.G.L. c. 119, В§ 36 7.504: Placement of Out-of-state Children in Educational Institutions 7.505: Placement of Out-of-state Children in Medical Institutions 7.506: Placement of Out-of-state Children in Residential Institutions 7.507: Placement with Parent(s) 7.508: Independent Adoptions 7.509: Identified Adoptions 7.510: Guardians 7.511: Foreign Children 7.512: Moves Across State Borders 7.513: Runaway Children 7.514: Procedural Requirements When Sending Agency is Within the Commonwealth 7.515: Financial Responsibility for the Child 7.516: Procedural Requirements When the Commonwealth is the Receiving State 7.517: Jurisdiction Under the Interstate Compact 7.518: Law Governing 7.519: Enforcement 7.520: Effect of Violation on Placements 7.521: Termination of Placements 7.522: Confidentiality 7.523: Administrative Review 110 CMR 8.00: SERVICE DENIAL, REDUCTION, OR TERMINATION 8.01: Notice of Action 8.02: Service Continuation for Ages 18 through 22 110 CMR 9.00: CASE CLOSURE 9.01: 9.02: 9.03: 9.04: 9.05: Introduction Required Closings Procedures Closing a Supported Case Court Approval Requirement for Closing Certain Cases 110 CMR 10.00: FAIR HEARING AND GRIEVANCES 10.01: Policy 10.02: Definitions 10.03: Hearing Officers 1/31/14 110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES 10:03A: Reports 10.04: Providers 10.05: Standards for Review 10.06: Allowable Grounds for Appeal 10.07: Disallowed Grounds for Appeal 10.08: Fair Hearing Process 10.09: Continuation of Service or Placement Pending Appeal 10.10: Scheduling 10.11: Representation 10.12: Non-English Speaking Parties 10.13: Fair Hearings вЂ“ Subpoenas 10.14: Discovery 10.15: Motions During Hearing 10.16: Consolidated Hearings 10.16A: Dismissal for Failure to Go Forward 10.17: Rescheduling 10.18: Submission Without a Hearing 10.19: Conduct of Hearings 10.20: Hearing Officer's Duties and Powers 10.21: Evidence 10.22: Order of Presentation 10.23: Burden of Proof 10.24: Memoranda 10.25: The Record 10.26: Recording of Hearing 10.27: Copies of Recording 10.28: Special Requests 10.29: Decision 10.30: Form of Decision 10.31: Ex Parte Communications 10.32: Special Provisions for Fee-paying Clients 10.33: Confidentiality 10.35: Time 10.36: Fair Hearing Data Base 10.37: Grievances Process 10.38: Grievances Allowable Subjects 10.39: Grievances Procedures 110 CMR 11.00: MEDICAL AUTHORIZATIONS 11.01: 11.02: 11.03: 11.04: 11.05: 11.06: Introduction Medical Authorization Definitions Emergency Medical Care Routine Medical Care Family Planning Services Pregnancy 1/31/14 110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES 11.07: 11.08: 11.09: 11.10: 11.11: 11.12: 11.13: 11.14: 11.15: 11.16: 11.17: 11.18: 11.19: 11.20: 11.21: 11.22: 11.23: 11.24: Abortion Drug Dependency Diseases Dangerous to the Public Health Venereal Disease Sterilization No Code Order Life-prolonging Medical Treatment Antipsychotic Drugs Electroconvulsive Treatment or ECT (Shock Treatment ) Commitment to a Mental Health Facility Other Extraordinary Medical Treatment Legal Proceedings Autopsy Burial Organ Donation Confidentiality of Medical Records and Information Children as Research Subjects Consent Standard 110 CMR 12.00: RECORDS 12.01: 12.02: 12.03: 12.04: 12.05: 12.06: 12.07: 12.08: 12.09: 12.10: 12.11: 12.12: 12.13: 12.14: 12.15: 12.16: 12.17: Purpose Confidentiality of Department Records Central Registry - Contents Central Registry - Expungement Department Records - Expungement Release of Information - Providers Release of Information - Subpoena or Other Legal Process Release of 51A and 51B Forms Release of Information - Litigation Release of Information - Non-litigation Release of Information - Consent of Data Subject Release of Information - Adoption Records Release of Information - Medical Records Release of Information - Bureau of Special Investigations Release of Information - Department of Youth Services Correction of Information by Client Release of Information - Other State Agencies 110 CMR 13.00: CASE INVESTIGATION UNIT 13.01: 13.02: 13.03: 13.04: Introduction Procedures Participation of Department Employees Public Access to C.I.U. Report 1/31/14 110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES 110 CMR 14.00: VOLUNTEERS AND CITIZEN INVOLVEMENT 14.01: 14.02: 14.03: 14.04: Introduction Area and Regional Volunteer Plans Selection of Volunteers Volunteer Requirements 110 CMR 15.00: AREA BOARDS AND STATEWIDE ADVISORY COUNCIL 15:01: 15.02: 15.03: 15.04: 15.05: 15.06: 15.07: 15.08: 15.09: 15.10: 15.11: 15.12: 15.13: 15.14: 15.15: 15.16: 15.17: Introduction Area Board Membership Appointment to Area Board; Term of Office Rules Officers Committees Meetings and Proceedings of the Area Board Quorums; Voting Area Director Selection Annual Needs Assessment Area Plans Regional Review Receipt of Funds and Incorporation Review of Proposals Review of Contracts Statewide Advisory Council Conflict of Interest 110 CMR 16.00: REQUESTS FOR RESEARCH 16.01: 16.02: 16.03: 16.04: 16.05: Introduction Criteria for Approval of Research Requests Department Review Committee Procedures for Processing Research Proposals Notification of Approval/Disapproval 110 CMR 18.00: CRIMINAL OFFENDER RECORD CHECKS 18.01: 18.02: 18.03: 18.04: 18.05: 18.06: 18.07: 18.08: 18.09: Purpose Policy Scope Definitions Applicant Disclosure of Criminal Record Information Community Service and Work Release Workers Hiring Authority Responsibilities CORI Investigations Findings from CORI Investigations 1/31/14 110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES 18.10: 18.11: 18.12: 18.13: 18.14: 18.15: 18.16: Disqualification Provisions for Review of a Candidate in any Discretionary Category Dissemination Incidents Severability Application Tables of Offenses 1/31/14