Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 4.00 - Intake
Intake for Voluntary Requests for Services
Section 4.08 - Voluntary Surrender of a Child for Adoption

Universal Citation: 110 CMR 4.00 MA Code of Regs 4.08

Current through Register 1531, September 27, 2024

(1) Upon receipt of a request from a birth parent to accept the voluntary surrender of a child for adoption, the Department shall undertake the following actions prior to acceptance of the child for adoption:

(a) Explore alternatives to surrendering the child for adoption with the parent(s), including providing casework services to support the needs of the parent(s) and the child(ren).

(b) If casework services are accepted, the Department shall develop an Action Plan and provide the services set forth in the action plan.

(c) If casework services are declined, the social worker shall record the offer and declination of services in the electronic case record.

(d) Where one of the birth parents is not present, the social worker shall obtain information to assist in locating the absent parent, to explore possible placements for the child.

(e) The Department social worker shall collect and record in the electronic case record psycho-social and medical information about the child and the child's biological family.

(2) The Department's acceptance of a voluntary surrender of a child for adoption by a birth parent shall be in conformity with M.G.L. c. 210, § 2 and the form specified therein (the "Voluntary Surrender Consent Form"). In addition, the Department must comply with the following requirements:

(a) The Department shall encourage a parent(s) seeking to surrender a child for adoption to bring two witnesses of the parent's(s') choice to witness the execution of the Voluntary Surrender Consent Form. In the event a parent(s) declines to bring two witnesses, one or more Department employees shall act as witness on the parent's(s') behalf.

(b) When a mature child is the parent seeking to voluntarily surrender a child for adoption, the Department should first explore with the mature child and the mature child's parent alternative family resources, including adoption by an extended family member.

(c) When a parent(s) of Native American heritage seeks to voluntarily surrender a child, the Department shall inform the parent(s) of their rights pursuant to the Indian Child Welfare Act (ICWA). Pursuant to the ICWA, a Voluntary Surrender Consent Form for a child protected by the ICWA must be executed before a Judge and comply with all ICWA requirements.

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