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
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.
(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:
(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:
(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.