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 5.09 - Services to Foster Parents

Universal Citation: 606 MA Code of Regs 606.5

Current through Register 1531, September 27, 2024

(1) Information to Be Provided. The licensee shall provide in writing to all prospective foster parent applicants and upon request to any person the following information:

(a) information regarding the licensee's program and the needs of children in the Commonwealth for family foster care and adoption;

(b) its statement identifying all qualifications required of foster parents, and evaluation, approval and orientation procedures, as required by 606 CMR 5.09(2);

(c) its statement of physical requirements for foster homes, as required by 606 CMR 5.09(3);

(d) grievance and appeal procedures as required by 606 CMR 5.04(3)(g) and (h);

(e) policy regarding financial responsibilities and the agency's complete fee schedule for all services provided as required by 606 CMR 5.05(3);

(f) The agency'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;

(g) a current list of the board of directors and advisory board (if different), including names and addresses;

(h) copies of interagency agreements describing services to the potential applicant;

(i) the address and telephone number of the regional office of the Department of Early Education and Care.

(2) Orientation and Training.

(a) The licensee shall provide an orientation for foster parent applicants which shall include general information on the following:
1. the characteristics, needs and number of children available for foster care and adoption placement including, but not limited to, infants, older children, sibling groups and children with special needs;

2. separation and loss, and the circumstances under which children require placement;

3. the role of the placement agency, the children served by the agency, and the services provided by the placement agency;

4. the agency philosophy and policy regarding discipline of children;

5. fostering children with special needs, as appropriate.

(b) All foster parent applicants first approved for the placement of children following promulgation of these regulations must be trained in First Aid and CPR, appropriate to the ages of children who are or will be placed in the home.

(c) All foster parent applicants approved for the placement of children prior to promulgation of these regulations must be trained in First Aid and CPR, appropriate to the ages of children who are or will be placed in the home, prior to the next annual renewal of the general foster parent agreement required by 606 CMR 5.09(6)(a). Thereafter, such certification shall be kept current.

(d) Prior to the placement of any infant in a foster home the foster parents must be trained in infant care and safety techniques.

(3) Physical Requirements for Foster Homes. The licensee shall establish physical requirements for foster homes, which shall include, but need not be limited to the following:

(a) The home must be clean, safe, free of obvious fire and other hazards including, but not limited to, chipping, flaking or peeling paint or broken plaster, and of sufficient size to accommodate comfortably and appropriately all members of the household and the approved number of foster or adopted children to be placed.
1. The home shall have bedrooms which provide at least 50-square feet per child and shall accommodate no more than four children per bedroom.

2. No foster child over one year of age shall sleep in the same room with an adult of the opposite sex.

3. No bedroom to be used by foster children shall be located above the second floor unless such floor has two means of egress.

4. No bedroom to be used by foster children shall be located below the first floor unless it contains a ground level, standard door exit and at least one operable window.

(b) The home shall have a working stove for cooking and adequate lighting and ventilation, hot and cold water supply, plumbing, electricity, and heat.

(c) The home shall have sufficient furniture to allow each child to sleep in a separate bed and to have adequate storage space for his personal belongings.

(d) The home shall be equipped with smoke detectors and carbon monoxide detectors in working order.

(e) If the home uses well water, it shall be tested and determined safe, and a report of the test furnished to the licensee.

(f) Any firearms located in the home shall be registered and licensed in accordance with state law, trigger-locked or fully inoperable and stored without ammunition in a locked area. Ammunition shall be stored in a separate locked location.

(g) A working telephone for both incoming and out-going calls shall be available in the home at all times;

(h) All pets must be appropriate for the children in care, free from disease and parasites and licensed and vaccinated as prescribed by law.

(4) Evaluation of Applicants. The licensee shall, consistent with its current needs, promptly evaluate foster parent applicants. The assessment shall be completed by a social worker who meets the requirements of 606 CMR 5.06(3). The assessment shall include no fewer than three in-person interviews with the applicants, including at least two meetings in the applicant's home. No assessment can be considered complete unless all of the requirements of 606 CMR 5.09(4) have been met.

(a) The licensee shall interview applicants individually at least once, and as often as is necessary to determine the applicants' qualifications to foster a child.

(b) The licensee shall interview all other members of the applicants' household, as appropriate to the age of the member of the household.

(c) The licensee shall determine that each applicant and each adult household member has a background free of conduct which in the judgment of the licensee, bears adversely upon his or her ability to provide for the safety and well being of children. In making this determination, the licensee shall consider the following:
1. Engaging in, or having engaged in, conduct which results in his or her child being adjudicated in need of care and protection;

2. Use of alcohol or drugs to an extent or in a manner that impairs his or her ability to care for children properly;

3. Having engaged in conduct that results in a CORI (Criminal Offender Record Information) report or having engaged in any other conduct, criminal or otherwise, that is determined by the licensee to impair the individual's ability to care for children.
a. A CORI report shall consist of arrest, pending criminal charges or criminal charges that have been finally disposed of for any offense involving sexual or physical abuse, any offense involving children and violent or drug-related crimes, including driving under the influence of alcohol or drugs.

b. A CORI report shall also consist of the report of a restraining order entered pursuant to M.G.L. c. 209A, violations of such restraining orders and other arrests, pending charges or findings relative to abuse of adult or child family members.

4. Allegations of abuse or neglect, supported in a report issued pursuant to M.G.L. c. 119, § 51B.

5. Adjudication by the Sex Offender Registry Board as a registered sex offender.

6. Criminal record information found on a Fingerprint-based check.

(d) The assessment shall be summarized in a written report and shall document the dates and location of assessment activities, and:
1. the applicant's previous experience with foster or adoption placement services, if any, and the outcome of such experience;

2. motivation for fostering;

3. emotional stability and compatibility of the applicants;

4. the social, education, physical and mental health history of the applicant;

5. the family composition (including pets), a description of the home, including sleeping areas, and the adjustment of other children in the home, if any;

6. the family's attitude toward parenting a foster child; the applicant(s)' relationships with extended family, and the attitudes of extended family members toward accepting a foster child;

7. parenting ability, including child rearing and discipline; and the family's willingness and capacity to parent children with behavioral or emotional problems;

8. the family's attitude toward the birth parents of the child, and about visitation, if applicable;

9. the applicants' attitudes toward parenting a child of a different racial, ethnic or cultural background, a child with a history/family history of substance abuse, mental health or medical disabilities, or a child of a different sexual orientation than the applicants, and the resources available to support the applicants in each case;

10. characteristics of children desired, including age, sex, abilities or disabilities, behavior, and characteristics of children parents are not willing to foster;

11. at least three written references;

12. a written statement from a licensed medical provider regarding the health of each member of the household;

13. evidence of birth certificates, marriage certificates and/or divorce decrees;

14. evidence of each person's compliance with 606 CMR 5.09(4)(c);

15. review of the applicant's financial ability to care for a foster child; and

16. the licensee's conclusions regarding the applicant(s)' ability to meet the physical, developmental, emotional and educational needs of a child or children; the licensee's recommendation as to the age, sex and characteristics of children which the applicant(s)' home can safely accommodate and which the foster parent applicant(s) can best serve.

(e) The written report shall be reviewed and approved by the supervisor of the social worker who completed the assessment. The report shall be considered complete when approved by the social worker's supervisor.

(f) Notwithstanding 606 CMR 5.09(4)(e), home study assessment reports completed by social worker licensed at the independent level (LICSW) or advanced licensure in a closely related clinical field must be reviewed by an individual with equivalent qualifications and prior experience as outlined in 606 CMR 5.06(3).

(g) Home study assessments for prospective and approved foster parents shall be valid for one year from the date of completion.

(h) In place of the complete home study assessment required by 606 CMR 5.09(4), the licensee may perform a limited foster parent assessment or home study assessment update in the following circumstances:
1. if the licensee receives a foster or adoptive parent assessment from another agency licensed or approved by the Department completed not more than twelve months prior to the current application for approval;

2. if the licensee receives a foster or adoptive parent assessment performed in another state in accordance with the laws of such state, completed not more than twelve months prior to the current application for approval;

3. If 12 months have passed since the original home study assessment approval.

(i) A limited foster parent assessment or home study assessment update shall be a review of the previous foster parent assessment for compliance with 606 CMR 5.09(3) and (4), and must include:
1. The completion of new Background Record Checks for all household members 15 years of age or older;

2. a visit to the foster parent's home;

3. interviews which are conducted in-person with the foster parent(s) to determine if there have been any changes since the last home study assessment. All information required by 606 CMR 5.09(4)(d) must be reviewed with the foster parents and confirmed or updated. Changes in financial status must be supported with current documentation;

4. a current statement from a medical professional about the health of all household members.

(j) The limited home study assessment or home study update shall be summarized in a written report and shall document the dates and location of assessment activities. If any recommendations regarding placement have changed, the report shall document and explain such changes. It shall be signed by the social worker who conducted the home study assessment update and shall be reviewed, approved and signed by the social worker's supervisor or the Director of Social Services.

(k) The licensee shall notify each foster parent applicant in writing of the results of the assessment within 30 days of the last visit to the applicant. The licensee shall provide the applicant with a copy of the home study assessment or home study assessment update upon completion.

(l) Foster parent applicants not approved for placement 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 5.04(3)(g) and (h).

(5) Foster Homes Previously Approved. If the licensee intends to approve for placement of foster children a home which is concurrently approved by another agency for the placement of foster children, the licensee must enter into an agreement with all approving agencies regarding the sharing of appropriate information about the home and children placed therein. Such information shall include, but not be limited to:

(a) significant changes in the behavior or clinical profile of children placed in the home, which may pose a risk to other children or adults in the home;

(b) concerns regarding the foster family which may impact their ability to provide appropriate care for children in the home.

(6) Agreements with Foster Parents.

(a) General Foster Parent Agreement. The licensee shall enter into a written agreement in the language spoken by the foster parents or as interpreted by an interpreter with every foster parent applicant whom the licensee has evaluated and approved to become a foster parent. This agreement shall be signed and dated by the licensee and each foster parent, and shall be renewed annually. The agreement shall include:
1. the name and address of the licensee and the name and address of the foster parent;

2. a statement defining the responsibilities of the foster parents;

3. a statement defining the responsibilities of the licensee for providing services to foster children and foster parents;

4. a statement describing state law and agency requirements regarding child rearing and discipline practices;

5. the range and frequency of payments to be made to foster parents for board and care of foster children;

6. the method for closing a foster home or for removing a child from the home;

7. the responsibility of the licensee to provide, and the foster parents' responsibility to participate in and complete, the foster parent orientation and on-going training programs including, but not limited to, certification in First Aid and CPR;

8. a statement that no foster parent shall give up full time residential care of any foster 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;

9. a statement that no foster child shall be moved out of state without consent of the licensee;

10. a statement that the foster parent shall notify the licensee in the following circumstances:
a. 60 days prior to moving out of state;

b. in the event of a vacation or trip which would result in the family being away from their usual place of residence overnight;

c. immediately in the event of a death or serious injury to the foster child;

d. within 24 hours of any significant changes in the status and health of household members including, but not limited to: death, divorce, separation, serious illness or hospitalization.

11. a statement that the foster parent shall immediately notify a child's social worker of any concerns regarding a child's safety which arise during placement;

12. a plan for the care of the foster child or children during any extended absences of the foster parents which shall have as a priority the maintenance of the children's stability;

13. a statement informing the foster parent regarding liability insurance to protect the foster parents from personal liability for certain damages relating to the provision of foster care;

14. a statement which assigns responsibility for payment in the event of damage to or loss of the foster parents' property caused by the foster child, and advising the foster parents to review any insurance policies they personally may have in order to determine the extent of their coverage;

15. provisions for termination of the agreement.

(b) Required Agreement upon Placement of an Individual Child. The licensee shall enter into a written agreement with every foster parent with whom the licensee places a child, prior to the placement of the child, or in case of emergency within three days after placement. The agreement shall be in the language spoken by the foster parent, shall be signed and dated by the licensee and each foster parent, and shall be revised (if necessary) as appropriate, but in no event less often than every six months. The agreement shall include:
1. the full name and address of the child placed in the family foster 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 the child's behavior and any special abilities or problems the child may have;

6. a summary of the child's placement history and social history where providing this information is not contrary to the best interests of the child;

7. child's custody or guardianship status, including legal basis for foster care and whether or not the child is free for adoption;

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. the amount and frequency of payment to the foster parents for the board and other expenses of the foster child;

12. name, work address and phone number, and day in office of the social worker responsible for the child;

13. an emergency telephone number or the number of the licensee's 24-hour telephone service;

14. a statement authorizing the foster parents to obtain routine and emergency medical and dental care for the child;

15. a statement identifying the person authorized to undertake other actions with regard to the child, such as the authorization of the child's special education plan under St. 1972, c. 766.

16. the specific responsibilities of the licensee and foster parents required for implementation of the foster child's service plan;

17. provisions for specific services to be provided to the child and for visits by the social worker with the child and foster parents;

18. description of how the child being placed differs from the licensee's home study assessment recommendation as to the age, sex and characteristics of children which the applicant(s) home can safely accommodate and which the foster parent applicant(s) can best serve, if applicable, and the additional resources and/or training that the licensee will provide to support the placement; and

19. the conditions under which the agreement may be terminated and the child removed from the home.

(7) Information Prior to Decision to Accept a Foster Child. The licensee shall provide each foster parent prior to placement sufficient information about each foster child to be placed with him (including a description of his service plan) to enable the foster parent to determine if he 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.

(8) Responsibilities of the Social Worker for the Foster Home. Each foster home shall be assigned a social worker or family resource worker who shall:

(a) be responsible for providing direct services to the foster family;

(b) visit the family in the foster family home at least quarterly if children have been in care during the quarter;

(c) visit the family in the family foster home after six months if children have not been in care during the previous six months;

(d) meet with the foster parents to address any concerns regarding the family's ability to provide care for children.

(e) notify foster parents whenever a child previously placed in their home requires foster care placement, so that they may be considered for the present placement, unless documentation is maintained that such consideration is inappropriate;

(f) notify the foster parents (in writing) whenever a foster child is freed for adoption, so that they may be considered as potential adoptive parents if the child has been in their care for six months. The foster parents must notify the licensee of their desire to adopt within two weeks after they are notified of the child's release. The licensee shall decide on the foster parents' request to adopt within three months. Nothing in 606 CMR 5.00 shall prohibit the licensee from considering the foster parents as potential adoptive parents if the child has been in the foster parents care less than six months, or if the foster parents do not notify the licensee of their desire to adopt within two weeks;

(g) and otherwise be available to assist the foster parents in meeting their foster parent responsibilities, as specified in the foster parent agreements required by 606 CMR 5.09.

(9) On-going Training.

(a) The licensee shall require foster parents caring exclusively for infants for no more than a total of six weeks per year in anticipation of placement for adoption to participate in annual training in infant care and safety techniques, CPR and First Aid. Additional training to support the foster parents in meeting the individual needs of infants placed in their home shall be required as necessary.

(b) The licensee shall require all other foster parents to attend, via in-person or online, a minimum of 20 hours of training each year to develop foster parents' skills in meeting the needs of foster children, and in fulfilling their responsibilities as foster parents. Such training shall include training necessary to maintain certification in First Aid and CPR, as well as annual training in infant care and safety techniques if foster parents are approved for the care of infants. In addition, the licensee shall provide or arrange for special training for foster parents caring for children with special needs, including training in therapeutic parenting skills, behavior support and management and crisis intervention, if appropriate.

(10) Requirement for Annual Review. The licensee shall annually review in person with each foster parent his or her performance and experiences in providing foster care during that year. The licensee shall provide each foster parent with the results of the review in writing. The foster parent may dispute the results of the review in writing, which shall become part of the foster parent's record. The review shall include:

(a) a review of responsibilities outlined in the general foster parent agreement;

(b) consultation with each social worker involved with children in the home;

(c) reference to any services provided to the foster family on its own behalf;

(d) a summary of the foster parents' participation in orientation and training.

(11) Notification of Removal of Foster Child. Except when a child is being returned to his family or placed directly in an adoptive family, the licensee shall give foster parents at least one week advance notice of the removal of any foster child who has been in their home for six weeks and the reason for the removal. Whenever there is an immediate need to reunite the child with his parent or guardian, the licensee must maintain a written explanation of such need. The written record shall be available to the foster parents and the Department.

(12) Emergency Removal of Child. In cases of emergency when the licensee determines that the health or safety of the child or children would be endangered by remaining in the foster home, adoptive home or residential program, the child(ren) may be removed immediately. The licensee shall maintain a written record of such removal which shall be available to the Department. The licensee shall notify the foster parents, adoptive parents or residential program in writing of the specific reasons for the removal.

(13) Closing of Foster Home. In cases when the licensee determines that the foster home is unable to meet the needs of foster children, the licensee shall send a written notice of intent to close the home to the foster 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 shall not be closed nor the foster children removed until the foster parents, if they so desire, have had the opportunity to complete all steps in the grievance procedure.

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