(2)
Content. A FCR shall include consideration of the
following:
(a) a review of the family
assessment and action plan and any updates since the last foster care review,
including the reason for the Department's continued involvement with the
family; and
(b) a review of the
tasks, services and supports within the action plan since the last foster care
review, including:
1. the Department's actions
and efforts to address the reason for the Department's involvement and to
achieve safety, permanency and well-being for the child/young adult, including
contact with parent(s) and children and placement resource;
2. each parent's actions and efforts toward
participation in the tasks, services and supports identified in the action
plan, including participation in scheduled visits, intended to reduce or
alleviate the danger to, or need for placement of, the child(ren) or young
adult and whether desired outcomes were achieved;
3. where appropriate, the child/young adult's
actions and efforts toward participation in the tasks, services and supports
identified in the action plan and the extent to which the outcomes of safety,
permanency and well-being were achieved;
4. progress made toward resolving the issues
identified in the family assessment and action plan, updates to the family
assessment and action plan or the previous FCR;
5. the placement provider's actions and
efforts toward the fulfillment of the expectations necessary to meet the needs
of the child, including providing regular opportunities to engage in age or
developmentally appropriate activities; and
6. the Department's actions and efforts to
ensure the child's placement is following the reasonable and prudent parent
standard;
(c) a review of
the safety of the child or young adult, including children living at home, and
the necessity and appropriateness of the child or young adult's continued
placement;
(d) a review of the
extent of progress made toward alleviating or mitigating the causes
necessitating the child/young adult's placement and achieving desired
outcomes;
(e) a review of the
Department's permanency plan for the child or young adult and the projected
date by which the child or young adult will achieve permanency either through:
1. stabilization with their parents or
guardian;
2. reunification and
safely maintaining with their parents or guardian;
3. adoption;
4. guardianship by a person other than the
Department or its agent;
5.
permanently living with Kin; or
6.
another planned permanent living arrangement for a child 16 years of age or
older; and
(f) a review
of the proposed action planning for the next six months, including:
1. the steps necessary to achieve permanency
for the child or young adult; and
2. the visitation schedule for the parents,
siblings and grandparents if applicable and the means by which the schedule
will be implemented.
(g)
a review of the child or young adult's medical and dental checkups, consistent
with the well-child schedule;
(h) a
review of the child or young adult's educational needs and the stability of the
educational setting;
(i) a review
of the child or young adult's regular opportunities to engage in age or
developmentally appropriate activities;
(j) a review of the services and supports for
the child or young adult 14 years of age or older that will assist them in
transitioning from foster care to a successful adulthood; and
(k) for any child who have reached the age of
17 years and six months, a review of a child's request to receive young adult
services through the Department beyond 18 years of age.
(3)
Structure and
Format. A FCR should be conducted by a three member panel
consisting of:
(a) a member of the FCRU, who
shall convene and chair the panel;
(b) a person who may or may not be a
Department employee, provided that such person may not be the social worker,
supervisor or manager assigned to the case under review;
(c) a volunteer, provided:
1. the volunteer shall be recruited to
represent to the maximum extent feasible the various socio-economic, racial and
ethnic groups of the community served by the Department;
2. the volunteer has, prior to participation,
attended FCRU orientation and follow up training sessions;
3. the volunteer is not an employee of the
Department (but may be a Department foster parent);
4. the volunteer is not an employee of, board
member of, or volunteer associated with, an agency contracted to provide
services to the child or family whose case is under review;
5. the volunteer does not know and is not
known by the family; and
6. the
volunteer has signed an agreement to be a foster care review panel volunteer
with the Department and acknowledged the circumstances which could lead to
termination or non-renewal of the agreement.
(d) The format of the FCR may vary depending
on the family's needs and circumstances, and the number of participants in the
FCR. However, the following guidelines shall apply to each FCR:
1. The review shall be a structured
discussion; and
2. All participants
shall be encouraged to participate and afforded the opportunity to express
their views.
(4)
Participants. A
FCR shall at a minimum invite the following people, who shall be notified in
writing to attend the FCR prior to its scheduled date:
(a) parent(s), or guardian if applicable, of
the child(ren) being reviewed, unless parental rights have been terminated or
surrendered, under M.G.L. c. 210, §§ 2 or 3, or under M.G.L. c. 119,
§ 26, or the review only concerns a young adult, or unless a parent has a
documented history of violent or assaultive behavior that is not mitigated by
treatment which results in behavioral changes by the parent. In such case
approval to exclude the parent from in-person participation in the FCR shall be
obtained from the Area Director/designee in consultation with the FCRU manager,
and the parent shall be notified by the Area Director/designee of the reasons
for such exclusion and shall be advised of alternative methods of providing
input into the review. The parents may invite other persons to provide support.
While this may include an attorney, an attorney is not required.
(b) a putative or unwed father, unless his
parental rights have been surrendered or terminated, if:
1. he is named on any legal papers
(i.e. petitions, birth certificate, or other judicial
decree);
2. he has formally
acknowledged paternity;
3. he has
been named as the father by the mother; or
4. he has been determined to be the father by
genetic marker testing.
(c) the child or young adult, if 14 years of
age or older, as well as any individual invited by the child or young adult to
provide support, unless the child or young adult is a danger to themselves or
other participants or exhibits behavior that would make it impossible for the
review to be conducted;
(d) the
social worker(s) assigned to the family and the children or young adult,
including an adolescent outreach worker;
(e) the supervisor(s) of the social worker(s)
assigned to the family and the children or young adult, provided such
supervisor(s) may but is not required to attend;
(f) the family resource worker assigned to
the foster home of the child(ren)'s placement
(g) foster parents;
(h) placement provider, if a child or young
adult is receiving congregate care services from an agency under contract with
the Department;
(i) the child's
attorney or guardian ad litem, if any;
(j) the parent's attorney, unless their
clients rights have been terminated;
(k) the Department Attorney;
(l) staff of other public or private agencies
and other individuals important to the child/young adult or family; and
(m) the Guardian for an
Incapacitated young adult.
Participants will be notified of the date and time for the FCR
30 calendar days prior to the scheduled FCR. Any of the above persons who are
invited, but unable to attend the FCR shall be permitted to submit written
comments to the Foster Care Review Unit in lieu of
attendance.
(5)
Responsibilities of Social Workers. As part of the FCR
process, a social worker shall, and their supervisor shall ensure the social
worker:
(a) verify periodic lists furnished to
them of all families in their caseload who are to be scheduled for a
FCR;
(b) inform the FCRU of the
names of the individuals who are to be invited to the review, including those
individuals the family or child or young adult 14 years or age or older wishes
to invite and ensure the current addresses of the participants listed in 110
CMR 6.02(4) and other invitees are reflected in the electronic case
record;
(c) arrange for a child or
young adult 14 years of age or older to be transported to the FCR if the child
or young adult wishes to attend;
(d) inform the FCRU if the family's primary
language is other than English;
(e)
ensure that a current family assessment and action plan is available for the
FCR including updating the electronic and physical record as needed;
(f) ensure a copy of any action plan(s) that
will be reviewed at the FCR are provided to the parents, as well as any child
or young adult 14 years of age or older prior to the FCR;
(g) discuss the pending FCR with parents,
foster parents, and the child or young adult prior to the review, to ensure all
parties understand its format and purpose;
(h) discuss any change in the action plan
with the, parents, child(ren) or young adult 14 years of age or older,
supervisor, foster parents and providers prior to the FCR, if such a change
will be proposed at the FCR;
(i)
notify FCRU staff of any casework issues, including any concerns about
participants safety, which may require particularly sensitive handling during
the review, or of any recent significant events which might affect the FCR;
(j) discuss with their supervisor
the action plan, family progress and proposed permanency plan in supervision
prior to the FCR;
(k) attend the
FCR and provide clarification and information about the action plan and other
information about the family as needed; and
(l) revise the family assessment and action
plan with the family and child(ren) or young adult 14 years of age or older, if
needed, for the next six-month period in a manner consistent with the
determinations.
(6)
Responsibilities of Area Directors. The Area Director
or designee shall:
(a) provide for alternative
staff representation in instances in which the social worker cannot attend the
FCR due to an emergency, illness, or scheduled vacation;
(b) ensure that all families have up to date
family assessments and action plans;
(c) ensure a copy of any action plan(s) that
will be reviewed at the FCR has been provided to the parents, child(ren) or
young adult 14 years of age or older prior to the FCR;
(d) review the monthly preliminary list of
families due for review and notify the FCRU if adjustments are necessary to FCR
scheduling;
(e) provide a person to
participate as a member of the foster care review panel, provided that such
person may not be the social worker, supervisor or manager assigned to the case
under review;
(f) arrange for an
interpreter if one is needed for the review;
(g) ensure there is a room available in the
Area Office for the FCRs scheduled each month; and
(h) ensure the determinations of the FCR
panel are implemented.
(7)
Responsibilities of FCRU
Staff. FCRU staff shall:
(a)
schedule the date, time and place of the review and select the volunteer panel
member;
(b) invite all necessary
parties to attend the review;
(c)
review the family's case record, or the record for the young adult as
applicable, including the family assessment any prior service or action
plan;
(d) if necessary, seek out
additional information from appropriate staff which will facilitate an
effective review;
(e) chair the
FCR;
(f) ensure that all
participants have the opportunity to have their views heard;
(g) facilitate an alternative method of
participation when needed for any participant listed under 110 CMR 6.02(4) who
cannot attend in person; and
(h)
prepare a written summary of the FCR panel's determinations and
recommendations, including minority opinions and objections, in a format
established by the Department.
(8)
Responsibilities of Panel
Members. FCR panel members shall:
(a) have equal authority during the
FCR;
(b) prepare for the FCR
according to procedures established by the FCRU;
(c) maintain the confidentiality of all
client related information;
(d)
attend the FCR as scheduled;
(e)
actively participate in the FCR, in an objective and unbiased manner;
and
(f) notify the FCRU if they
have personal knowledge of the client or family whose case is to be
reviewed.
(9)
Determinations Made by the Panel. The panel members
shall discuss and determine:
(a) whether there
are any concerns for the child(ren)'s safety identified during the FCR
process;
(b) whether the child's or
young adult's placement in substitute care is necessary as of the
FCR;
(c) whether the child's
current placement is appropriate;
(d) the extent of each parties' participation
and progress as follows:
1. The parent(s)
participation in the action plan and whether they have demonstrated observable
changes that reduce or alleviate danger to their child(ren) or the need for the
child(ren)'s placement or to achieve other outcomes necessary to improve their
capacity to keep their child(ren) safe and provide for the child(ren)'s
well-being;
2. The child(ren) or
young adult's participation in the action plan and whether they have
demonstrated progress in achieving the outcomes to improve their safety and
well-being;
3. The Department's
actions and efforts to address the needs of the family; and
4. The placement provider's fulfillment of
the placement expectations to meet the child(ren) or young adult's
needs.
(e) the extent of
progress which has been made by all parties to achieve the Department's
identified permanency plan(s) in the action plan;
(f) whether the Department has taken steps
to:
1. ensure the child(ren)'s or young
adult's placement resource is following the reasonable and prudent parent
standard; and
2. ascertain whether
the child(ren) or young adult has regular, ongoing opportunities to engage in
age or developmentally appropriate activities, including consulting with the
child or young adult in an age appropriate manner about the child(ren)'s or
young adult's opportunities to participate in the activities;
(g) the Department's permanency
plan for the child(ren) or young adult and the projected date by which the
child(ren) or young adult may achieve permanency either through:
1. stabilization with their parents or
guardian;
2. reunification and
safely remaining with their parents or guardian;
3. adoption;
4. guardianship by a person other than the
Department or its agent;
5.
permanently living with Kin; or
6.
another planned permanent living arrangement for a child 16 years of age or
older.
(10) In
addition, the panel may make and record nonbinding recommendations designed to
further the child's progress towards permanency.
(11) At the FCR that occurs within six months
of a child's 18th birthday, the FCR panel, the child
and the Department review a child's request to receive young adult services
with the Department after 18 years of age.
(a) If all parties agree to the child
receiving young adult services and the child meets the criteria for young adult
services under 110 CMR 23.00: Services for Young Adults, the
child will continue to receive services through the Department.
(b) If the Department and child agree that
the child is not interested in receiving young adult services at 18 years of
age, the Department works with the child on transition planning for a discharge
at 18 years of age.
(c) If the
child is requesting young adult services beyond 18 years of age and either the
Department or the FCR Panel disagrees, the child's request is sent to a Young
Adult Review Panel at the Area Office responsible for the child's case for a
final decision.
(12) The
FCRU panel member shall record the panel's determinations and recommendations,
including minority opinions and objections, and a summary of the review in the
electronic case record in a format prescribed by the Department. The FRCU will
notify applicable agency staff when the report is completed and will provide
copies of the report to the:
(a) parents,
unless their parental rights were terminated;
(b) child or young adult 14 years of age or
older;
(c) placement
provider;
(d) child's or young
adult's attorney and/or GAL, if applicable; and
(e) parent's attorneys, unless their client's
parental rights were terminated.
(13)
Panel Disagreement with
Action Plan. If the determinations of the panel conflict with the
action plan as written, the determination of the panel, shall be binding upon
the Department and shall be incorporated into a revised action plan, unless the
panel's determinations are successfully appealed as set forth in 110 CMR
6.02(14).
(14)
Appeal
of FCR Determination.
(a)
Parents, foster parents, the child's or young adult's attorney, as well as any
child or young adult 14 years of age or older may appeal the FCR determination
to change the permanency plan for the child or young adult by requesting a Fair
Hearing within 30 days after receiving the FCR Report. All other FCR
determinations may be appealed through the grievance process.
(b) If the departent social worker or
supervisor disagree with any of the FCR determinations, the area staff and FCR
staff will attempt to resolve the disagreement in accordance with the Foster
Care Review Policy.
(15)
Permanency Plan Change. Whenever the FCR panel
determines, under 110 CMR 6.02(9)(g), that the permanency plan for the child or
young adult should be changed, the department must schedule the case for a
permanency planning conference. The permanency plan does not change until a
permanency planning conference is held. If the permanency planning conference
determination differs with the FCR permanency plan determination, the case will
be referred to the Regional Director who will determine the permanency
plan.