Code of Massachusetts Regulations
606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE
Title 606 CMR 5.00 - Standards for the Licensure or Approval of Agencies Offering Child Placement and Adoption Services
Section 5.03 - Licensure

Universal Citation: 606 MA Code of Regs 606.5

Current through Register 1531, September 27, 2024

(1) Application Fee. An application for a license to offer placement services shall be accompanied by a check made payable to the Commonwealth of Massachusetts. A fee schedule can be obtained from the Department.

(2) Provisional License. An applicant who has not previously operated a placement agency shall apply for a provisional license and must provide the documents required by 606 CMR 5.03(2)(a), (b), and (c), as applicable, and shall demonstrate that services rendered by the placement agency are adequate to protect the health and safety of children and families. The placement agency shall agree to comply with the laws of Massachusetts, of other states, of the federal government, and foreign nations and federal immigration laws if applicable.

(a) All placement agencies shall submit the following:
1. Evidence of the applicant's compliance with 102 CMR 1.05: Disqualifying Background Information;

2. A statement of purpose as required by 606 CMR 5.04(1), including a clear definition of the services provided by the agency to children, parents, expectant parents, birth, foster and adoptive parents, foster and adoptive parent applicants and adult adoptees, as required by 606 CMR 5.04(1)(a)5., and a statement of non-discrimination, as required by 102 CMR 1.03(1): Non-discrimination.

3. Evidence of any agreements with other child-placing or referring agencies or individuals in Massachusetts or any other State;

4. A statement of the ownership of the placement agency, including the names and addresses of all board members as required by 606 CMR 5.04(2)(a)2.;

5. An organizational table, as required by 606 CMR 5.04(2)(c);

6. A written plan of financial capability projected for at least a 12-month period, including:
a. A projected one year operating budget and documentation of sufficient funds for at least three months. An operating agency must submit a current operating budget and appropriate fiscal portions of contracts, if any. The operating budget must specify the salaries of all full time employees, and all bonuses and other benefits. The budget must also specify all rent or mortgage payments, as well as any payments for vehicles owned, rented or leased by the agency. The operating budget must also specify a financial plan for closure of the agency;

b. A cash flow plan including projected revenue, lines of credit and cash or liquid asset reserves sufficient to enable the agency to meet expenses for at least a 12-month initial period;

c. Evidence of all revenue sources and amounts of revenue anticipated from these sources;

d. A copy of the agency's policy on designated financial responsibility, as required by 606 CMR 5.05(3);

e. Any other evidence of financial viability.

f. Agencies incorporated in accordance with M.G.L. c. 180 must submit financial documents in accordance with the standards set by the Public Charities Division of the Office of the Attorney General.

7. Grievance and appeal procedures, as required by 606 CMR 5.04(3)(g) and (h);

8. A written policy and procedure for internal investigations of allegations of noncompliance with EEC regulations, and for reporting allegations of child abuse and neglect, as required by 606 CMR 5.04(3)(d), (e) and (f);

9. A procedure for emergency communications, as required by 606 CMR 5.04(3)(k);

10. Personnel policies, as required by 606 CMR 5.04(5)(a);

11. Job descriptions and salary ranges, as required by 606 CMR 5.04(5)(b) and (c);

12 A plan for the use of volunteers, as required by 606 CMR 5.04(5)(k);

13. Evidence that personnel are currently licensed, as required by 606 CMR 5.04(5)(d), and are qualified to provide direct services to children and families, as required by 606 CMR 5.06(2)(a) and 5.06(3), including the resume of the Director of Social Services, as provided at 606 CMR 5.06(1);

14 A plan for staff orientation, training, and supervision, as required by 606 CMR 5.04(5)(e), (g), and (h);

15. A plan for involving birth, foster, and adoptive parents and adult adoptees, in the development of agency policy, as required by 606 CMR 5.04(2)(f);

16. Procedures for the evaluation of children and the development of service plans for children and their families, as required by 606 CMR 5.07 and 5.08;

17. Policy regarding the provision of required social services to children, as required by 606 CMR 5.06(2);

18. Policy and procedure for the selection of appropriate placements, in accordance with 606 CMR 5.11(5);

19. Procedure and format for the home study assessments required by 606 CMR 5.09(4) and 5.10(6), and a description of and procedures for the orientation and training of foster and adoptive parents, as required by 606 CMR 5.09(2) and (9), and 5.10(3) and (4);

20. Qualifications required of foster and adoptive parents, as required by 606 CMR 5.09(4) and 5.10(6);

21. Physical requirements for foster and adoptive homes, as required by 606 CMR 5.09(3) and 5.10(5);

22. Policy and procedures regarding payments and reimbursements for the care of any child, which shall specify the method, amount, and frequency of payments;

23. Copies of all written information routinely provided to expectant parents, birth parents, foster and adoptive parent applicants, parents, and children, including the information required by 606 CMR 5.08(3)(b), 5.09(1) and 5.10(1), if applicable;

24. All intake evaluation, service plan, and face sheet forms and placement agreements and contracts to be used with clients;

25. A plan for the annual evaluation of its services;

26. A plan for agency closing that includes, but is not limited to, provisions for the appropriate termination or transfer of services to clients, the preservation or transfer of records including evidence of a financial plan for storage and transfer of records, and reasonable costs associated therewith, in accordance with EEC policy;

27. All other policies and procedures relative to operation of the placement program.

(b) In addition, placement agencies offering foster care services shall submit the following:
1. Policy and procedures for meeting the health needs of the children served, as required by 606 CMR 5.07(1)(a)2., (1)(a)3., and (1)(a)4., and 5.07(1)(d) and (1)(e);

2. Policy and procedures for providing psychological and psychiatric services to children and families, as required by 606 CMR 5.07(1)(f);

3. Policy and procedures for meeting the educational needs of the children served, as required by 606 CMR 5.07(1)(g).

(c) In addition, placement agencies offering adoption services shall submit the following:
1. The licensee's policies and procedures to prevent the abduction, exploitation, sale or trafficking of children including, but not limited to, the agency's prohibition of employees or agents from giving money or other consideration, directly or indirectly, to a child's parent(s) or other individuals or entities as payment for a child or as an inducement to release the child for adoption;

2. Written procedures for legalizing an adoption, as required by 606 CMR 5.10(13);

3. Evidence of the availability of licensed foster care, as required by 606 CMR 5.07(2)(d);

4. A plan for the provision of post-adoption services, as provided by 606 CMR 5.07(2)(e) and 5.10(14).

(3) Regular License. A signed application for license renewal will be approved when the applicant has submitted all documents required by 606 CMR 5.03(3)(a) and (b), as applicable, and the Department has evidence of the applicant's ability to comply with 606 CMR 5.00.

(a) All placement agencies shall submit the following:
1. Current copies of all policies and procedures required for licensure, or a statement certifying that all policies and procedures previously submitted are current and in effect; and

2. A list of open and closed foster and adoptive homes served during the most recent licensing period.

(b) All placement agencies offering adoption services shall submit the following:
1. A list of all clients served within the most recent licensing period;

2. A list of the agencies and individuals with whom the licensee has worked through interagency agreement;

3. Copies of all current interagency agreements;

4. An annual evaluation for the most recent licensing period, as required by 606 CMR 5.04(2)(e); and

5. Copies of certifications, accreditations, and out-of-state licenses held, if any.

(4) 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.

(5) Evidence of Ability to Comply with 606 CMR 5.00. A placement agency, its principal departments, and an applicant whether licensed or applying for a license, shall demonstrate an ability to offer placement services in a manner which complies with 606 CMR 5.00. An applicant may be ineligible for licensure if the Department finds any of the following:

(a) The agency has been denied the authority to provide child care services;

(b) The agency, applicant or principal officer has been found negligent or convicted of a crime related to the provision of child care services;

(c) The agency, applicant or principal officer is under state or federal indictment for a crime related to the provision of child care services;

(d) The Department determines that the information set forth in 606 CMR 5.03(5)(a) through (c) would impair the placement agency's ability to comply with 606 CMR 5.00;

(e) The applicant has a background which, in the judgment of the Department, includes conduct which bears adversely on his or her ability to provide for the safety and well-being of children;

(f) The applicant has failed to provide adoption or foster care services during the term of the license.

(6) Variances.

(a) The Department in its discretion may, upon written request, grant a variance of any regulation contained in 606 CMR 5.02 through 5.12. 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 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 5.00.

(b) The Department shall act upon a request for variance and shall notify the applicant or licensee of its decision in a timely fashion. In its written notification, the Department shall state the reason for refusing or granting a variance request. A grant or denial of a variance request shall be considered a final agency decision.

(c) A variance shall remain in effect for a specified time period not to exceed the duration of the license unless the Department receives or finds evidence that the terms of the variance have been violated or the licensee is not complying with the intent of 606 CMR 5.00. At the time of license renewal the licensee may resubmit the variance request.

(7) Pilot or Demonstration Projects. Proposals for pilot or demonstration projects for the innovative delivery of services related to placement 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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