110 CMR 7 - Mass.Gov

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110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES110 CMR 7.000: SERVICESPurchase of Services7.001: Introduction to Purchase of Services7.002: Providers - Procedures for the Purchase of Services7.003: Providers - Delivery of Services7.004: Providers - Contract Termination7.005: Public Private Partnership Program (PPPP)7.006: PPPP - Eligible Partners7.007: PPPP - Administration7.008: PPPP - Procurement Procedures7.009: PPPP - The Partner CommitmentServices of Other Agencies7.010: Services of Other Agencies7.011: Interagency Childrens' Services Team7.012: Interagency AgreementsHomemaker Services7.020: Introduction to Homemaker Services7.021: Eligibility7.022: Limitation7.023: Application Information Required7.024: Sliding Fee7.025: Denial, Reduction, or Termination of ServicesFamily Support Services7.030: Introduction to Family Support Services7.031: Eligibility7.032: Limitation7.033: Application Information Required7.034: Sliding Fee7.035: Denial, Reduction, or Termination of ServicesBabysitting Services7.040: Introduction to Babysitting Services7.041: Eligibility7.042: Limitation7.043: Application Information Required7.044: Sliding Fee7.045: Babysitting Providers7.046: Denial, Reduction, or Termination of ServicesRespite Care7.050: Respite Care for Families with Developmentally Disabled Members7.051: Other Respite CareParent Aide Services7.060: Introduction to Parent Aide Services7.061: Target Population7.062: Purchased Parent Aide Services7.063: Limitation7.064: Denial, Reduction, or Termination of ServicesDay Care Services7.070: Introduction to Supportive Child Care Services7.071: Supportive Child Care7.072: Eligibility - Need7.073: Intake for Supportive Child Care Services7.074: Sliding Fee7.075: Denial, Reduction or Termination of Services7.076: Exceptions to Sliding Fee

110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES7.000: continued7.077: Redetermination7.078: Delinquent Payments - Termination of Basic Child Care Services7.079: Denial, Reduction, or Termination of ServicesCounseling and Case Management Services7.080: Introduction to Counseling and Case Management Services7.081: Eligibility7.082: Application Information Required7.083: Sliding Fee7.084: Denial, Reduction, or Termination of ServicesEmergency Shelter Services7.090: Introduction to Emergency Shelter Services7.091: Scope of Services7.092: Application for Emergency Shelter Services7.093: Approval of Application for Emergency Shelter Services7.094: Sliding Fee7.095: Limits on Use of Emergency Shelter ServicesSubstitute Care7.100: Eligibility and Recruitment of Foster/Pre-adoptive Parent Applicants7.101: Out-of-home Placements7.102: Applicability of 110 CMR 7.100 through 7.3037.103: Application to Become a Foster Parent/Pre-adoptive Parent7.104: Standards for Licensure as Foster/Pre-adoptive Parents7.105: Standards for Licensure of Foster/Pre-adoptive Homes7.105A: Waiver of Standards for Approval of Foster/Pre-adoptive Parents or Homes7.106A: Non-department State Employees as Foster/Pre-adoptive Parents7.106B: Department Employees as Foster/Pre-adoptive Parents7.106C: Department Employees as Mentor, Visiting Resource or Other Significant Adult to Child inDepartment Care or Custody7.106D: Employees of Department Contracted Agencies as Foster/Pre-adoptive Parents7.106E: Department Contracted Foster/Pre-adoptive Parents7.107: Assessment and Licensure of Foster/Pre-adoptive Parent Applicants7.108: Kinship or Child-specific Placements7.109: TAFDC Grantee Relative vs. Department Foster Care Payments7.111: Written Agreement Between Department and Foster/Pre-adoptive Parents7.112: Department Obligations to Foster/Pre-adoptive Parents7.113: Reassessment and License Renewal of Foster/Pre-adoptive Parents and Foster/Pre-adoptive Homes7.113A: Limited Reassessments7.113B: License Revocation7.113C: Closing a Foster/Pre-adoptive Home7.113D: Reopening of Former Foster/Pre-adoptive Home7.114: Temporary Placement of Foster Children in Care of Persons Other than Foster/Pre-adoptive Parents7.115: Runaway Foster Children7.116: Removal of Foster Children from Foster/Pre-adoptive Homes7.118: Foster/Pre-adoptive Parent Appeals7.119: Access to Foster/Pre-adoptive Parent File7.120: Community Residential Care7.121: Periodic Health Care - :7.129:7.130:7.131:Periodic Health Care - TrainingPeriodic Health Care - Project Good HealthPeriodic Health Care - Medical PassportPeriodic Health Care - Emergency Treatment at Time of PlacementPeriodic Health Care - Routine Treatment After PlacementPeriodic Health Care - Responsibility of Substitute Care ProvidersVisitationLegal Representation for Injured Children in Substitute CareReimbursement/Stipend to Foster/Pre-adoptive ParentsDepartment Certification

110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES7.000: continuedAdoption7.200: Special Provisions Regarding Pre-adoptive Placements7.209: Adoption Subsidy7.209A: Nonrecurring Adoption Expenses7.210: Post Adoptive Services7.211: Adoption Records7.212: Fair Hearings and Grievances on Adoption-related Matters7.214: Claims of Paternal Responsibility7.215: Open AdoptionGuardianship7.300: Policy on Guardianship7.301: Selecting Children To Be Considered For Department Sponsored Guardianship7.302: Implementation of Guardianship7.303: Guardianship Subsidy7.303A: Fair Hearing and Grievances on Guardianship Subsidy Related Matters7.304: Nonrecurring Guardianship ExpensesSpecial Education Services7.400: Provision of Education Services to Children in Department Care or Custody7.401: Special Education Definitions7.402: Advocacy on Behalf of Children with Special Needs in Department Care or Custody7.403: Referral for Special Education Assessment and Services7.404: Cost SharingInterstate Placement Services7.500: Introduction to Interstate Placement Services7.501: Interstate Placement Definitions7.502: Interstate Compact Administrator for Massachusetts7.503: Applicability of the Interstate Compact and M.G.L. c. 119, § 367.504: Placement of Out-of-state Children in Educational Institutions7.505: Placement of Out-of-state Children in Medical Institutions7.506: Placement of Out-of-state Children in Residential Institutions7.507: Placement with Parent(s)7.508: Independent Adoptions7.509: Identified Adoptions7.510: Guardians7.511: Foreign Children7.512: Moves Across State Borders7.513: Runaway Children7.514: Procedural Requirements When Sending Agency is Within the Commonwealth7.515: Financial Responsibility for the Child7.516: Procedural Requirements When the Commonwealth is the Receiving State7.517: Jurisdiction Under the Interstate Compact7.518: Law Governing7.519: Enforcement7.520: Effect of Violation on Placements7.521: Termination of Placements7.522: Confidentiality7.523: Administrative Review

110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES7.001: Introduction to Purchase of ServicesThe Department provides services in two basic ways: through its own direct service staff andfrom a wide variety of private social service providers. The Department purchases a wide arrayof social services. Most of these services are purchased only for the referral of Departmentclients, but several are open to any eligible citizen of the Commonwealth without directDepartmental contact.7.002: Providers - Procedures for the Purchase of Services(1) The purchase of services by the Department is governed by the Regulations of the ExecutiveOffice of Administration and Finance at 801 CMR 25.00: Procurement Procedures Governingthe Purchase of Social and Rehabilitative Services and 801 CMR 4.00 Service ContractRegulations and any administrative bulletin(s) issued in connection thereto.(2) All written contracts between the Department and any provider shall include and incorporatethe General Conditions, as required by the Executive Office of Human Services, for the fiscalyear in which the services are to be provided.(3) All written contracts between the Department and any provider shall obligate the providerto comply with all of 110 CMR, service delivery standards, and policies. This requirement shallexpressly include, but is not limited to, observance by the provider of the requirements forspecial provisions relating to linguistic and cultural minorities (see 110 CMR 1.06), for NativeAmericans (see 110 CMR 1.07), handicapped clients (see 110 CMR 1.08), andnondiscrimination (see 110 CMR 1.09). Failure to conform to such obligations shall be groundsfor terminating any provider's contract.(4) All purchases of services by the Department are subject to the proposal review of theDepartment's area boards as mandated by M.G.L. c. 18B, § 15, and of the local councils forchildren recognized by the Office for Children, as mandated by M.G.L. c. 28A, § 7.7.003: Providers - Delivery of Services(1) Every provider shall deliver services in conformance with the provisions of the contract.(2) Every provider shall utilize the eligibility criteria as set forth in the contract or theDepartment's regulations in determining whether an applicant is eligible for the servicesenumerated in the provider's contract with the Department.(3) No provider shall require a recipient of services to sign any agreement which purports tolimit the provider's liability with respect to the provision of those services.(4) The Department, in conformance with the provisions of the contract, may conduct periodicmonitoring activities of the provider's programmatic and fiscal performance and status.7.004: Providers - Contract TerminationTermination of any contract between the Department and a provider shall be in conformancewith the terms of the contract.7.005: Public Private Partnership Program (PPPP)The Public Private Partnership Program (PPPP) is the program established annually by theLegislature in the budget appropriation of the Department, whereby the Department is authorizedto purchase services from providers jointly with entities known as "partners".

110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES7.006: PPPP - Eligible Partners(1) The following entities are eligible to participate as partners:(a) Political subdivisions of the Commonwealth (including but not limited to, cities, towns,counties, boards, commissions, school districts, and housing authorities).(b) Not-for-profit organizations whose purposes are among those listed in Sections501(c)(3), 501(c)(4), and 502(c)(6) of the Internal Revenue Code, and who are incorporatedunder state law as not-for-profit corporations (including but not limited to corporations,foundations, trusts and federated fund-raising organizations).(c) For-profit organizations (including but not limited to corporations, partnerships, trusts,and sole proprietorships).(d) Providers already participating in the Public Private Partnership Program (PPPP) orpotential providers submitting proposals for funding under this program.(2) The following entities are ineligible to participate as partners:(a) Other state agencies, or departments, or branches of state government or federal agenciesor branches of federal government. However, these parties may make financial contributionsto eligible partners.(b) Individuals. However, individuals may make financial contributions to eligible partners.7.007: PPPP - Administration(1) The Commissioner shall appoint an advisory committee which may make recommendationson issues such as the services to be eligible for funding under this program, the priorities forservices to be provided, the target populations to be served through the program, andcomposition of the partner share.(2) The Department retains final authority to determine priorities and eligible services.7.008: PPPP - Procurement Procedures(1) All procurements under the PPPP shall be subject to the requirements set forth in 110 CMR7.001 through 7.009.(2) Potential providers seeking to procure a contract with the Department funded through thisprogram shall obtain and complete an "Expression of Intent to Participate" form from a potentialpartner, unless the potential provider has already obtained a Partner Commitment as describedin 110 CMR 7.008(3).(3) The Expression of Intent to Participate form shall be in writing and shall include, at aminimum:(a) the total proposed amount to be contributed by the partner;(b) the period (date from and date to) for which the services will be provided;(c) the signature of an officer of the partner organization authorized to express such intent;and(d) the date of the written statement and date of expiration of the intent to participate, if any.(4) An eligible partner may designate the following in its Expression of Intent to Participate:(a) the service to be provided under a proposed Purchase Agreement; and(b) the geographic area(s) where the services will be delivered.7.009: PPPP - The Partner Commitment(1) Once a provider has been selected by the Department, the provider shall be responsible forsubmitting, or causing the partner to submit, to the Department, a written commitment from thepartner to provide the partner's share.

110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES7.009: continued(2) The Partner Commitment may be in the form of a contract, note, letter or other documentand shall contain, at a minimum:(a) the dollar amount to be contributed by the partner;(b) the period (date from and date to) for which the services will be provided;(c) a schedule of installments and amount of each installment;(d) the name and address of the provider intended to be the recipient of the funds;(e) the full name and business address of the partner and the name and title of the personsigning the commitment; and(f) the signature of an officer of the partner confirming the Commitment.(3) The Department retains the authority to request further information and documents from thepartner in addition to those set forth in 110 CMR 7.009(2).(4) An executed Partner Commitment shall be attached to but not incorporated into thePurchase Agreement and such execution and attachment shall be a condition precedent to abinding Purchase Agreement.(5) The partner may participate in the program monitoring and auditing of the provider pursuantto the provisions of the Executive Office of Human Services General Conditions and thecontract.7.010: Services of Other Agencies(1) When appropriate or necessary, the Department may make referrals to, or provide servicesin conjunction with, local education agencies (LEAs), the Department of Elementary andSecondary Education, the Department of Early Education and Care, and/or other agencies withinthe Executive Office of Human Services such as: the Department of Mental Health, Departmentof Public Welfare, Department of Youth Services, Department of Public Health, Commissionfor the Blind, Massachusetts Rehabilitation Commission.(2) Referrals to other agencies will be made if a service requested or needed by an individualor family is not provided by the Department, or if the service requested or needed is within themandate of another agency or Department of the Commonwealth.7.011: Interagency Childrens' Services Team(1) Whenever a dispute arises between or among the Department and another agency ordepartment as to which agency or department is responsible for the appropriate provision ofservices, the matter shall be referred to the Office for Children (OFC) for resolution by theinteragency childrens' services team, pursuant to M.G.L. c. 28A, § 6A, for resolution.(2) In any case where such a dispute has arisen between or among agencies or departments, theDepartment shall inform any client seeking services from the Department of the procedures forreferring the case to the interagency children's service team.(3) Referral of a case to the interagency children's service team shall not preclude theDepartment from providing immediate placement, or services, to the child in question, when thechild is determined by the Department to be at risk of suffering abuse or neglect.(4) Referral of a case to the interagency children's service team shall not preclude any clientfrom exercising any other rights he or she may have to either a fair hearing or a grievanceconsistent with 110 CMR 10.00.7.012: Interagency AgreementsAt the direction of the Commissioner, the Department may enter into written agreements withother departments or agencies, concerning matters of mutual interest. Such agreements shall besigned by the Commissioner on behalf of the Department.

110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES7.020: Introduction to Homemaker ServicesHomemakers provide support, assistance and training to families in the activities of dailyfunctioning. Homemakers provide a monitoring and teaching function within a family.Homemakers help care for children, act as a role model for parents, assist in family budgeting,etc.7.021: EligibilityIn order to be eligible for homemaker services paid for in whole or in part by the Department,there must be an assessed need for homemaker services. The Department will assess a need forhomemaker services when:(1) Emergency Services: During a period of temporary crisis or injury to the parent or primarycaretaker, if a caretaker is needed to maintain children in their own home, homemaker servicesmay be authorized.(2) Ongoing Services: If in the judgment of the Department homemaker services are necessaryto assist the parent in meeting the goals of the service plan, homemaker services may beauthorized. Such needs may include:(a) assisting the parents in home management skills;(b) assisting and teaching the parents when the special needs of the child(ren) in the homeso require, in order to meet the child's needs; or(c) assisting the family in ensuring that abuse and neglect are not occurring in the home.7.022: Limitation(1) Emergency Services: Emergency homemaker services may be authorized for a maximumof 24 hours per day, for a maximum of 30 consecutive days.(2) Ongoing Services: Ongoing homemaker services may be provided for a maximum of sixmonths at a maximum rate of ten hours per week. Homemaker services will be reviewed duringeach case review, and a six month extension may be authorized. If homemaker services are tobe provided for a period longer than one year, or for a maximum rate of more than ten hours perweek, such services must be authorized in writing by the Area Director or his/her designee. Ifhomemaker services are to be provided for a period longer than two years, or for a maximum rateof more than 30 hours per week, such services must be authorized in writing by the RegionalDirector.7.023: Application Information RequiredAny client seeking homemaker services shall be required to provide sufficient informationto allow the Department to assess the applicant's need and eligibility for homemaker services.In addition, an individual applying for homemaker services may be required to provide suchauthorization(s) for collateral contacts as are necessary for the Department to verify or assess theindividual's need for homemaker services.7.024: Sliding FeeHomemaker services which are, in the judgement of the Department, provided on aprotective basis, shall not be subject to any sliding fee requirement. All other homemakerservices provided by the Department may be subject to a sliding fee requirement.7.025: Denial, Reduction, or Termination of ServicesAny client aggrieved by the denial, reduction, or termination of homemaker services mayrequest a fair hearing on the matter pursuant to 110 CMR 10.00 et seq. However, the transferof a client's case, at 60 years of age, to the Department of Elder Affairs is not appealable.

110 CMR: DEPARTMENT OF CHILDREN AND FAMILIES7.030: Introduction to Family Support ServicesFamily support services is a spectrum of services that supports maintenance of the familyunit, and enables adults or children to meet the goals of a service plan. Family support servicesinclude active home management (e.g. chore services) and the purchase of items or services thatprovide social and developmental opportunities for a family or for individual family member

Americans (see 110 CMR 1.07), handicapped clients (see 110 CMR 1.08), and nondiscrimination (see 110 CMR 1.09). Failure to conform to such obligations shall be grounds for terminating any provider's contract. (4) All purchases of services by the Department are subject to the proposal review of the

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