110 CMR, § 7.101

Current through Register 1536, December 6, 2024
Section 7.101 - Out-of-home Placements
(1) All out-of-home placement decisions shall be made in the best interests of the child, based upon safety, well-being and permanency of the child and the child's individual needs. Placement decisions should be made in a manner conducive to permanency planning and the safe and timely return of children to their homes or their placement into a new permanent setting. The following factors shall be taken into consideration:
(a) the least restrictive setting for the child;
(b) close proximity to the home of the child's family and/or the child's school;
(c) ability for frequent visits between child and his/her family;
(d) the child's individual needs including those related to his/her physical, mental, and emotional well-being and the capacity of the prospective foster or pre-adoptive parents to meet those needs;
(e) a placement that can serve as the placement for any of the child's siblings in the Department's care or custody; and
(f) a mature child's choice of residence.
(2) The Department shall consider, consistent with the best interests of the child, the following placement resources in the following order:
(a) placement with a kinship family;
(b) placement with a child-specific family;
(c) placement in a family foster care home where the child was previously place;
(d) placement in family foster care;
(e) placement in a shelter/short term program or group home;
(f) placement in community residential care.

Every reasonable effort should be made to place a child in accordance with 110 CMR 7.101(1) and (2).

(3) Whenever the Department places a child in foster care, the Department shall seek from the child's parents the names of relatives or other kin who may be available to become a foster placement for the child(ren). The Department shall also begin a search for other relatives of the child or for other adult persons who have played a significant positive role in the child's life in order to determine whether the child may appropriately be placed with a relative or person if, in the judgment of the department, that placement would be in the best interest of the child.
(4) The Department shall place a child with the child's full or half sibling(s) unless doing so would be contrary to the safety or well-being of the child or sibling(s), or otherwise not in the child's best interest. If siblings are not placed together, reasonable efforts will be made to provide for visitation with siblings, unless such visitation would be harmful to the child or sibling.
(5) Within 30 days after the child is removed from the custody of the parent(s), the Department shall provide notice to the kin and other adults identified under 110 CMR 7.101(3), unless the kin or other adult could not be approved as a foster parent due to known family or domestic violence. The notice shall include the following information:
(a) The child has been removed from the custody of the parents;
(b) The process for applying to become the child(ren)'s foster parent and the standards for becoming a foster parent;
(c) The child is placed with kin, if applicable;
(d) The availability of DCF foster care payments and Mass Health medical insurance for the child;
(e) The Department's process for considering kin placements when more than one kin applies at the same time;
(6) When considering a kinship or child-specific placement, the Department shall require that the relative or extended family member or individual chosen by parent(s) meet the Department's requirements, as set forth at 110 CMR 7.104 and 7.105.
(7) If more than one kinship or child-specific family is available and willing to be considered as a placement for the same child at the same time the Department reserves the right to prioritize which family(s) will be studied and in which order in accordance with factors set forth in the Department's family resource policy.
(8) If placement is not made in a kinship home, the child's service plan shall indicate in writing:
(a) which kinship placements were given consideration; and
(b) the reason(s) why said persons were not utilized by the Department.
(9) The Department will promote early permanency decisions and outcomes for children in substitute care. The Department will seek to have no more than a of all children (under the age of 18) who have been in foster care for over 24 months that remain in foster care at any given time during the fiscal year.

110 CMR, § 7.101