Current through Register 1531, September 27, 2024
(1)
Execution. The
Department may agree to provide substitute care for a child through a Voluntary
Placement Agreement, upon the request of one or both parent(s) or parent
substitute(s), or upon the request of a young adult or a mature Child, and when
supported by an assessment of the needs of the child conducted by the
Department.
(a)
Minor
Child. To finalize the voluntary placement for a minor child, the
Department and one or both parent(s) of the minor child shall complete and sign
the Department's standard Voluntary Placement Agreement form.
(b)
Young Adult. To
allow a young adult to continue in the Department's care after reaching 18
years old or return to care after reaching 18 years old, the young Adult shall
complete and sign a Voluntary Placement Agreement with the Department. The
young adult signs the Voluntary Placement Agreement on their own
behalf.
(2) Form. The
Department shall use standard Voluntary Placement Agreement form for a minor
child, a mature child, and a young adult to be effective upon the young adult's
18th birthday. The Department's three standard forms shall conform to the
following terms.
(a) The Voluntary Placement
Agreement for a minor child may be in effect for up to 180 days. If the child
will remain in placement beyond 180 days, the Department and parent(s) or
parent substitute(s) must file a probate court petition for any further
extension.
Voluntary Placement Agreements for young adults shall be in
effect until the young adult leaves placement, reaches 23 years of age, or the
Agreement is terminated by either the young adult or the
Department.
(b) The
Voluntary Placement Agreement is intended to be a flexible document adaptable
to the individual needs and circumstances of the client or family; thus, the
standard form may be modified as appropriate, so long as any such modifications
are in writing and are approved by both parent(s) (or parent substitute(s)) or
young adult and the Department.
(c)
All Voluntary Placement Agreements shall be approved by, and signed by, a
Department Area Director, or a designee, and one Department social
worker.
(3)
Mature Child. The Department may enter into a
Voluntary Placement Agreement with a mature child younger than 18 years old,
without signature of any parent(s). Where a mature child signs a Voluntary
Placement Agreement on their own behalf, the Department may only honor the
Voluntary Placement Agreement for a period of 72 hours.
(a) During the mature child's 72-hour
placement period, the Department shall notify the parent(s) of the child,
verbally or in writing, that the child has signed a Voluntary Placement
Agreement with the Department and is in substitute care.
(b) The parent(s) shall not have the right to
revoke or terminate the Voluntary Placement Agreement during the 72-hour
period, nor shall the parent(s) have the right to know the whereabouts of the
child, unless the child specifically agrees and unless the Department
determines that to so inform the parent(s) would not be contrary to the child's
best interests.
(c) At the
conclusion of the 72-hour period, the Department shall:
1. Return the mature child to their
parent(s);
2. Institute court
proceedings to obtain custody of the child; or
3. Obtain a Voluntary Placement Agreement
signed by the mature child's parent(s).
(4)
Termination of Voluntary
Placement Agreement, Minor Child.
(a) A Voluntary Placement Agreement involving
a minor child may be terminated by one or both parent(s) who have legal custody
of the child by giving written notice to the Department, regardless of which
parent signed the Voluntary Placement Agreement, provided the non-signing
parent or parent substitute has appropriate legal authority.
(b) Where a parent or parent substitute(s)
gives written notice to the Department terminating a Voluntary Placement
Agreement the Department shall honor the Agreement for a maximum period of 72
hours thereafter. During the 72-hour period, the Department may institute court
proceedings to obtain custody of the child, if the Department determines the
child would be at risk of abuse or neglect if returned home.
(c) The Voluntary Placement Agreement
automatically terminates if the child placed in substitute care pursuant to the
Agreement is returned home to live with their parent(s), or the time period for
the substitute care under the Voluntary Placement Agreement expires and has not
been extended by a court with jurisdiction over the matter.
110
CMR 4.06(4)(c) does not
apply if the child is visiting the child's parent(s) and the current Voluntary
Placement Agreement is still operative.
(5)
Termination of a Voluntary
Placement Agreement, Young Adult.
(a) A young adult in the Department's care
pursuant to a Voluntary Placement Agreement may terminate the Voluntary
Placement Agreement by giving the Department three business days'
notice.
(b) The Department may
terminate a Voluntary Placement Agreement for a young adult pursuant to M.G.L.
c. 119, § 23(f) by providing a termination notice in writing to the young
adult at least 30 days prior to the date of termination of the Agreement.
1. The Department's written termination
notice must include notice of the young adult's right to contest the
termination of the Agreement through the Fair Hearing Process in conformance
with 110 CMR
8.00: Service Denial, Reduction, or
Termination.
2. If the
young adult requests a Fair Hearing to review the Department's decision to
termination the Voluntary Placement Agreement, the Voluntary Placement
Agreement will continue pending the Fair Hearing determination. Following the
Fair Hearing, if the Department's decision is upheld, the Voluntary Placement
Agreement will not terminate until at least 14 days following the issuance of
the Fair Hearing determination.
