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110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES 1/31/14

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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 Employee’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 – 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
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