Current through Register 1531, September 27, 2024
(1)
Information to Be Provided. The licensee shall provide
to all prospective shelter home parent applicants and upon request to any
person the following information:
(a) written
information regarding the licensee's program, and the children served by the
program, as required by 606 CMR 3.04(1);
(b) written grievance and appeal procedures
as required by 606 CMR 3.04(3)(i);
(c) written statement identifying all
qualifications required of shelter home parents, as required by 606 CMR
3.09(2);
(d) written statement of
physical requirements for shelter homes, as required by 606 CMR
3.09(3);
(e) written policy and
procedure for orienting and assessing shelter home parent applicants, as
required by 606 CMR 3.09(4) and (5).
(2)
Qualifications Required of
Shelter Home Parents. The licensee shall maintain a written
statement identifying the qualifications required of shelter home parents,
clearly identifying criteria by which shelter home parent applicants may or may
not be approved.
(3)
Physical Requirements for Shelter Homes. The licensee
shall establish physical requirements for shelter homes, which shall include,
but need not be limited to, the following:
(a)
The shelter home shall be clean, safe, free of fire and other hazards, and of
sufficient size to accommodate comfortably all members of the household and the
approved number of children;
(b)
The shelter home shall have adequate lighting and ventilation, hot and cold
water supply, plumbing, electricity, and heat;
(c) The shelter home shall have sufficient
furniture to allow each child to sleep in a separate bed and to have adequate
storage space for his/her personal belongings;
(d) The shelter home shall have bedrooms
which provide at least 50 square feet per child and shall accommodate no more
than four children per bedroom;
(e)
No child one year of age or older shall sleep in the same room with an adult of
the opposite sex;
(f) No bedroom to
be used by children shall be located above the second floor unless any such
floor has two means of egress;
(g)
No bedroom to be used by children shall be located below the first floor unless
it contains a ground level, standard door exit and at least one operable
window;
(h) Shelter homes shall be
furnished and maintained in a safe, appropriate and comfortable manner;
(i) The shelter home shall be
equipped with smoke detectors which shall be maintained in working order;
(j) If the shelter home uses well
water, it shall be tested and determined safe, and a report of the test
furnished to the licensee.
(4)
Orientation. The
licensee shall provide an orientation to the shelter home parent applicants.
The orientation shall include information on the following:
(a) the purpose and nature of shelter
care;
(b) the characteristics and
needs of children placed in shelter homes;
(c) the role of the shelter agency;
(d) the services provided by the shelter
agency;
(e) the role and
responsibilities of shelter home parents;
(f) assessment procedures, as described in
606 CMR 3.09(5);
(g) the
approximate duration of time a child may be in placement;
(h) the licensee's family contact and
visitation policy;
(i) child abuse
reporting requirements;
(j) crisis
intervention, including restraint, if applicable;
(k) first aid and CPR;
(l) communicable diseases and necessary
precautions;
(m) administration of
medication and requirements for documentation;
(n) emergency planning including evacuation
of the home, posting poison control phone number and appropriate storage of
toxic substances;
(o) procedures
to follow in the event a child runs away from the home.
(5)
Shelter Home Parent Applicant
Assessments. The licensee shall, consistent with its current
needs, promptly assess each shelter home parent applicant unless at any time
during the course of the assessment it is determined that the shelter home
parent applicant would not appropriately serve the best interests of children.
No child shall be placed in a shelter home until the assessment has ben
completed and the home approved.
(a) The
licensee shall provide each applicant with general information on the purpose
and nature of shelter home care, the role and responsibilities of shelter home
parents, and the services provided by the licensee.
(b) The licensee shall require each applicant
to furnish evidence of a current medical examination and a written statement
from a licensed physician regarding the health and any illnesses or
disabilities of all household members.
(c) The licensee shall interview each shelter
home parent applicant individually.
(d) The licensee shall interview all other
members of the applicant's household, as appropriate to the age of the member
of the household.
(e) The licensee
shall make at least one visit to the applicant's home to determine if physical
requirements for shelter homes are met.
(f) The licensee shall determine that each
shelter home parent applicant and all household members have a background free
of conduct which bears adversely upon his or her ability to provide for the
safety and well-being of children in accordance with
606 CMR 14.00:
Criminal Offender and Other Background Record Checks. Such
conduct shall include, but not be limited to the conduct described in 606 CMR
1.05(2)(a)1. through 4.
(g) The
licensee shall conduct reference checks by telephone.
(h) The assessment shall be summarized in a
written report and shall document the following:
1. motivation for providing shelter
care;
2. emotional stability and
compatibility of the shelter home parent applicants;
3. the social, education and health history
of the shelter home parent applicants;
4. the family composition, a description of
the home and the adjustment of the applicant's own children, if any;
5. the family's attitude toward accepting
children for temporary shelter, including the attitudes of extended family
members;
6. parenting ability,
including child rearing and discipline;
7. at least three telephone reference
checks;
8. the licensee's
recommendation as to the age, sex, and characteristics, including special
needs, of children best served by the shelter home parent applicants;
9. evidence of each person's compliance with
606 CMR 3.09(5)(f).
(6)
Notification of the Results
of the Assessment. The licensee shall notify each shelter home
parent applicant in writing of the results of the assessment within two weeks
of the last meeting with the applicant.
(7)
Disapproval and
Appeals. Shelter home parent applicants not approved shall be
provided an explanation in writing of the reasons for such disapproval. Such
explanation shall also include written procedures for the applicant to appeal
the agency decision, in accordance with 606 CMR 3.04(3)(i).
(8)
Training of Shelter Home
Parents. The licensee shall provide an ongoing training program to
develop shelter home parents' skills in meeting the needs of children and in
fulfilling their responsibilities as shelter home parents.
(9)
Agreements with Shelter Home
Parents.
(a)
General
Shelter Home Parent Agreement. The licensee shall enter into a
written agreement with every shelter home parent applicant in his or her native
language whom the licensee has assessed and approved to become a shelter home
parent. This agreement shall be signed and dated and reviewed annually by the
licensee and each shelter home parent and shall include:
1. the name and address of the licensee and
the name and address of the shelter home parent;
2. a statement defining the responsibilities
of the shelter home parents;
3. a
statement defining the responsibilities of the licensee for providing services
to children and shelter home parents;
4. a statement describing state law and
agency requirements regarding child rearing and discipline practices, including
a statement prohibiting shelter home parents from using any physical punishment
upon any child;
5. the range of
payments to be made to shelter home parents for board and care of children, and
the frequency of such payments, if applicable;
6. the method for closing a shelter home or
for removing a child from the home;
7. the method for registering complaints and
obtaining administrative review of the licensee's decisions affecting shelter
home parents and the child, pursuant to the agency grievance procedure required
by 606 CMR 3.04(3)(i);
8. the
responsibility of the licensee to provide, and the shelter home parents'
responsibility to participate in, ongoing training programs;
9. the responsibility of the licensee to make
shelter home parent's annual review available to them;
10. a statement that no shelter home parent
shall give up full-time residential care of any child to anyone other than the
licensee or a person designated by the licensee, unless ordered to do so by a
court of competent jurisdiction;
11. a statement which assigns responsibility
for payment of liability insurance to protect the shelter home parents from
personal liability for certain damages relating to the provision of shelter
care, and which advises the shelter home parents to review any insurance
policies they personally may have to determine extent of coverage;
12. a statement which assigns responsibility
for payment in the event of damage to or loss of the shelter home parents'
property by reason of the child, and which advises the shelter home parents to
review any insurance policies they personally may have in order to determine
the extent of their coverage;
13. a
statement requiring the shelter home parents to notify the licensee in the
following circumstances:
a. in advance of any
vacation or trip which would result in the family being away from their usual
place of residence overnight when a child is in placement;
b. immediately in the event of a death or
serious injury to the child;
c.
within 24 hours of any significant changes in the status or health of household
members including, but not limited to: death, divorce, separation, serious
illness or hospitalization;
14. a statement outlining the responsibility
of the shelter home parent to report any suspected incidents of abuse or
neglect to the Department of Children and Families and to the
licensee;
15. a plan for the care
of the child or children during any extended absences of the shelter home
parents which shall have as a priority the maintenance of the children's
stability;
16. provisions for
termination of the agreement.
(b)
Required Agreement upon
Placement of an Individual Child. For children in care more than
72 hours, the licensee shall enter into a written agreement with the shelter
home parent caring for the child. This agreement shall be in the shelter home
parent's native language and shall be signed and dated by the licensee and each
shelter home parent. It shall include:
1. the
full name and address of the child placed in the shelter home pursuant to the
agreement;
2. child's date of
birth;
3. child's school grade and
school attended;
4. pertinent
medical information and any available developmental information;
5. a description of any special abilities or
behavioral problems the child may have;
6. a summary of the child's placement history
and social history when providing this information is not contrary to the best
interests of the child;
7. child's
custody or guardianship status;
8.
name and address of the child's parents, when appropriate, and parents' or
relatives' involvement and arrangements for visiting;
9. religious requirements for the child, when
applicable;
10. arrangements for
clothing for the child;
11. name,
office address and office phone number of the social worker responsible for the
child;
12. a phone number to
contact the social worker responsible for the child in case of emergencies or
the number of the licensee's 24 hour telephone service;
13. a statement authorizing the shelter home
parents to obtain routine and emergency medical and dental care for the
child;
14. provisions for visits by
the social worker with the child and shelter home parents;
15. the conditions under which the agreement
may be terminated and the child removed from the home.
(c)
Explanation of
Agreements. The licensee shall explain every term of the
agreements required in 606 CMR 3.09(9)(a) and (b) to each shelter home parent
in his or her native language before they are signed and shall provide each
shelter home parent with a copy of each agreement.
(10)
Information Prior to
Decision to Accept a Child. The licensee shall provide each
shelter home parent prior to or at the time of placement sufficient information
about each child to be placed to enable the shelter home parent to determine if
he or she will accept the child. This information shall include, when
available, but need not be limited to, the age, sex, race, and medical
condition of the child, information regarding the reason for placement, and a
description of any behavioral problems the child may have.
(11)
Information to Child Prior
to Placement in a Shelter Home. The licensee shall provide
information to each child prior to or at the time of placement in a shelter
home which includes:
(a) specific rules and
expectations of the licensee;
(b)
rules which may be specific to the shelter home and emergency procedures for
evacuating the home;
(c) any daily
schedule required for the child's participation in the shelter
program;
(d) emergency information
including name and phone number of agency worker.
(12)
Assignment and
Responsibilities of the Shelter Home Case Manager. Each shelter
home shall be assigned a case manager who shall be responsible for providing
direct services to the shelter home. The case manager shall assist the shelter
home parents with any matters concerning the shelter home parents or their
family which may impact on their ability to provide shelter care. Such
assistance shall include the obtaining of services provided by the licensee and
aid in applying for other services. The case manager shall visit the shelter
home at least once a month while there is a child placed in the home.
(13)
Requirement for Annual
Review. The licensee shall annually review in person with each
shelter home parent his or her performance and experiences in providing shelter
care during that year, including review of responsibilities outlined in the
general shelter home parent agreement, and shall provide each shelter home
parent with the results of the review in writing. The shelter home parent may
dispute the results of the review in writing. The shelter home parent's
statement shall become part of the shelter home parent's record. The review
shall include, but not be limited to:
(a) a
review with each shelter home parent of his or her performance and experiences
in providing shelter care;
(b)
reference to any services provided to the shelter home on its own
behalf;
(c) a summary of the
shelter home parents' participation in orientation and training.
(14)
Emergency
Removal. The licensee shall develop procedures to ensure that a
child(ren) may be removed immediately in cases of emergency when the licensee
determines that the health or safety of the child(ren) would be endangered by
remaining in the shelter home. The emergency removal procedures may be
initiated at the request of the shelter home parent. The licensee shall
maintain a written record of such removal which shall be available to the
shelter home parents and the Department. The licensee shall notify the shelter
home parents in writing of the specific reasons for the removal and shall
provide them with information about the agency grievance procedure.
(15)
Closing of Shelter
Home. In cases where the licensee determines that the shelter home
is unable to meet the needs of children, the licensee shall send a written
notice of intent to close the home to the shelter home parents. The notice
shall contain an explanation of the specific reasons for the intended closing,
and information about the agency grievance procedure. Except in cases of
emergency, the home may not be closed nor, consistent with each child's service
plan, the children removed until the shelter home parents, if they so desire,
have had the opportunity to access the grievance procedure. Upon the closing of
a shelter home, all agreements with the shelter home parents shall
terminate.
