Code of Massachusetts Regulations
606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE
Title 606 CMR 3.00 - Standards for the Licensure or Approval of Residential Programs Servicing Children and Teen Parents
Section 3.03 - Licensure

Universal Citation: 606 MA Code of Regs 606.3

Current through Register 1531, September 27, 2024

(1) Licensure. A person may submit an application for provisional licensure to operate a program which he or she has not previously operated, or may submit an application to renew a license. The Department must determine that the care to be given in the program will protect the health and safety of the residents. The applicant shall have a background which in the judgment of the Department is free of conduct which bears adversely on the applicant's ability to provide for the safety and well-being of children.

(a) All applications must be accompanied by the following documents, which shall be reviewed by the Department for completeness and compliance with 606 CMR 3.00:
1. a statement of purpose as required by 606 CMR 3.04(1);

2. a statement of the ownership of the program, including the names and addresses of all owners, or, in the case of corporations, the officers as required by 606 CMR 3.04(2)(a)2;

3. a projected one year operating budget, and documentation of sufficient funds for at least three months. For an operating agency, a current financial report, appropriate fiscal portions of contracts if any, and a statement of the current rate of payment as set by the Commonwealth, if applicable;

4. a description of the intended staffing of the facility or program on a 24 hour per day, seven day per week basis including availability of emergency on-call staff;

5. organizational table, as required by 606 CMR 3.04(2)(c);

6. written policy and procedure for internal investigation of child abuse and neglect as required by 606 CMR 3.04(3)(e);

7. written procedures regarding complaints and grievances, as required by 606 CMR 3.04(3)(j);

8. personnel policies, as required by 606 CMR 3.04(6)(a);

9. job descriptions, as required by 606 CMR 3.04(6)(c);

10. salary ranges, as required by 606 CMR 3.04(6)(d);

11. plan for using volunteers, as required by 606 CMR 3.04(6)(g);

12. a plan for staff orientation and training as required by 606 CMR 3.04(7);

13. written plan for referral services, as required by 606 CMR 3.05(1)(j);

14. written agreement with the placement agency, purchaser of services and parent or guardian, as required by 606 CMR 3.05(2)(d);

15. evidence of ability to comply with 606 CMR 3.05(4)(a), including a copy of the advanced degree person's resume;

16. plan for family work, as required by 606 CMR 3.06(2);

17. plan for social, psychological and psychiatric services, as required by 606 CMR 3.06(3);

18. a plan for meeting the emergency medical needs of children and evidence of access to emergency mental health services for children, as required by 606 CMR 3.06(4)(a) and 3.06(3)(a);

19. plan for health services, as required by 606 CMR 3.06(4);

20. evidence of access to schools for the provision of any necessary educational services;

21. plan for administration of medication, as required by 606 CMR 3.06(4)(k);

22. plan for educational services, as required by 606 CMR 3.06(5);

23. plan for vocational services, as required by 606 CMR 3.06(6);

24. plan for recreational services, as required by 606 CMR 3.06(7);

25. plan for follow-up services, as required by 606 CMR 3.06(12);

26. plan for nutritional services, as required by 606 CMR 3.07(6);

27. description of rules for behavior support, as required by 606 CMR 3.07(7);

28. allowance policy, as required by 606 CMR 3.07(8)(b);

29. visiting, mail and telephone policies, as required by 606 CMR 3.07(9) including procedures required by 606 CMR 3.07(9)(f)1. and 2.;

30. runaway procedures, as required by 606 CMR 3.07(10);

31. written policy describing search procedures, as required by 606 CMR 3.07(11);

32. plan for transportation, as required by 606 CMR 3.07(12), including documentation of insurance coverage, as required by 606 CMR 3.07(12)(g);

33. a current Certificate of Inspection or Use and Occupancy Permit issued by the Department of Public Safety or the local building inspector, as required by 606 CMR 3.08(1)(a);

34. a written report from the appropriate health inspector documenting that the facility or program is in compliance with 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II) as required by 606 CMR 3.08(1)(b);

35. documentation that the facility or program has had a fire inspection from the local fire department, as required by 606 CMR 3.08(1)(c);

36. a written plan detailing procedures for meeting potential emergencies as required by 606 CMR 3.08(2)(a);

37. written documentation of lead-free paint inspection if applicable, on the approved form as required by 606 CMR 3.08(4)(b);

38. written plan for monitoring student safety around swimming areas, if applicable, as required by 606 CMR 3.08(5)(g);

39. evidence of compliance with St. 1983, c. 233, Revenue Enforcement and Protection Program (REAP) on a form provided by the Department with the initial application;

40. the applicant's completed CORI affidavit.

(b) In addition, applications for licensure of temporary shelter home programs must include the following:
1. written statement identifying qualifications of shelter home parents as required by 606 CMR 3.09(2);

2. written physical requirements for shelter homes as required by 606 CMR 3.09(3);

3. written plan for orientation of shelter home parents as required by 606 CMR 3.09(4);

4. written procedures for completion of shelter home assessments and approval of shelter homes as required by 606 CMR 3.09(5);

5. written plan for ongoing training of shelter home parents as required by 606 CMR 3.09(8);

6. general shelter home parent agreement and agreement upon placement of an individual child as required by 606 CMR 3.09(9)(a) and (b).

(2) Term of License. A license or approval shall remain in effect beyond its term until a license renewal study is completed and a determination made by the Department on the status of the license, if the licensee has filed with the Department a request for renewal in accordance with M.G.L. c. 30A, § 13. Unless earlier revoked, suspended or made probationary:

(a) a provisional license or approval shall remain in effect for six months from the date of issuance and may be renewed once for no more than six months;

(b) a regular license or approval shall remain in effect for two years from the date of issuance.

(3) Variances. The Department in its discretion may upon written request grant a variance of any regulation contained in 606 CMR 3.04 through 3.10, provided however, that any exception to the ban on prone restraint shall be governed by 606 CMR 3.07(7)(j). Any applicant wishing to request a variance shall submit a request for such in a manner and on a form prescribed by the Department. The variance request shall be accompanied by expert opinion, if applicable, written documents, and any other:

(a) pertinent information the applicant wishes the Department to consider in reviewing the request. Any variance request must provide clear evidence to the satisfaction of the Department that the applicant's procedure complies with the intent of the specific regulation and the intent of the regulations taken as a whole as set forth in 606 CMR 3.01.

(b) A variance shall remain in effect for the duration of the license unless the Department receives or finds evidence that the terms of the variance have been violated or the intent of 606 CMR 3.00 has not been met.

(4) Pilot or Demonstration Projects. Proposals for pilot or demonstration projects for the innovative delivery of services related to facilities or programs will be considered by the Department upon written request. However, no project shall be implemented without prior written approval of the Department. The Department may require that specific proposals include an evaluation component to determine the effectiveness of the project and may also consider any other evidence relevant to the proposal prior to granting approval. Projects shall be implemented only on an experimental basis for a specified time period not to exceed the term of the license unless the Department receives or finds evidence that the conditions of the approval have been violated.

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