Current through Register 1531, September 27, 2024
Section 7.115 - Runaway Foster Children(1) Whenever a foster/pre-adoptive parent knows, or reasonably believes, that a foster child intends to run away from the foster/pre-adoptive home, the foster/pre-adoptive parent shall immediately notify the Department (or the Child-At-Risk Hot line if after hours) of that fact.(2) When the Department knows that a child who will be placed in a foster/pre-adoptive home has run away from his/her parent's home or from any previous placements in substitute care, the Department shall notify the prospective foster/pre-adoptive parent of that fact. In either case, the Department shall also inform the foster/pre-adoptive parent or prospective foster/pre-adoptive parent of measures which the foster/pre-adoptive parent or prospective foster/pre-adoptive parent may take to prevent the child from running away from the foster/pre-adoptive home, and of the procedures which the foster/pre-adoptive parent or prospective foster/pre-adoptive parent should follow if the child does run away from the foster/pre-adoptive home.(3) Whenever a foster/pre-adoptive parent learns that a foster child has run away or is missing from the foster/pre-adoptive home, the foster/pre-adoptive parent shall immediately notify the Department, and then the local police. Such notice shall include at least the following information: (a) the name and age of the child who ran away;(b) the time when the child was last seen;(c) the location where the child was last seen;(d) a physical description of the child when last seen, including a description of the clothing worn by the child at that time; and(e) any known or suspected locations where the child might be found, and any known or suspected individuals who might know the whereabouts of the child.(4) Whenever the Department learns that a foster child has run away or is missing from the foster/pre-adoptive home, or from any temporary substitute care placement, the Department shall immediately do the following:(a) notify the local police department or other appropriate law enforcement agencies that the child has run away or is missing, (or ensure that the foster/pre-adoptive parent(s) have done so) and provide such agencies with all known information which would assist them in locating the child, and the name and telephone number of the Department employee who should be notified if the child is located;(b) notify the child's parent(s), (unless the parents have surrendered the child for adoption or a court of competent jurisdiction has entered a decree dispensing with the need for parental consent to the child's adoption), and notify the foster/pre-adoptive parent(s) that the child has run away or is missing, and provide them with the name and telephone number of the Department employee who should be notified if the child is located;(c) if the child was committed to the Department by court order, notify the juvenile probation office of the court which issued the order; and(d) contact any individuals who might know the whereabouts of the child, attempt to obtain any information such individuals have concerning the whereabouts of the child, and provide such individuals with the name and telephone number of the Department employee who should be notified if the child is located.(5) Whenever the Department receives information concerning the possible or suspected current whereabouts of a child who has run away or is missing from a foster/pre-adoptive home, or from any temporary substitute care placement, the Department shall immediately notify the appropriate law enforcement agencies and provide such information to them. If possible, the assigned Department social worker shall also attempt to locate the child by going to the suspected location of the child.(6) When a child who has run away or is missing from a foster/pre-adoptive home, or from any temporary substitute care placement, is located by the foster/pre-adoptive parent, or returns to the foster/pre-adoptive home, the foster/pre-adoptive parent shall immediately give notice to the Department. Such notice shall include at least the following information:(a) the fact that the child has been located or has returned to the foster/pre-adoptive home;(b) the current location of the child;(c) the current physical and emotional condition of the child, and whether it appears likely that the child requires medical, psychiatric or other treatment; and(d) whether it appears likely that the child will attempt to run away from his or her current location.(7) When a child who has run away from a foster/pre-adoptive home, or from any temporary substitute care placement, is located by the Department, the Department shall do the following: (a) assure that the child receives any required medical, psychiatric or other treatment as soon as needed;(b) notify the appropriate law enforcement agencies, the child's parent(s) (unless the parent(s) have surrendered the child for adoption or a court of competent jurisdiction has entered a decree dispensing with the need for parental consent to the child's adoption), and foster/pre-adoptive parent(s), and, if appropriate, the juvenile probation office of the court which committed the child to the Department, that the child has been located;(c) interview the child as soon as possible to determine what changes, if any, should be made in the circumstances or conditions of the child's care or placement; and(d) if the child has not returned to the foster/pre-adoptive home, notify the foster/pre-adoptive parent(s) whether the child will be placed back in that foster/pre-adoptive home, and 1. if so, the date and time when the child will return to the foster/pre-adoptive home; or2. if not, the reason for the child not being placed back in that foster/pre-adoptive home.(8) For purposes of appeal under 110 CMR 10.00et seq., a decision made by the Department not to return a runaway to the foster/pre-adoptive home where the child had been placed at the time he or she ran away shall be treated as a decision to remove the child from the foster/pre-adoptive home.