Section 7.100 - Eligibility and Recruitment of Foster/Pre-adoptive Parent Applicants(1) Whenever the Department needs foster parents or adoptive parents, it shall recruit individuals who meet the standards set forth at 110 CMR 7.100 through 7.105. The Department may, in appropriate circumstances, use resources outside the Department to assist in such recruitment, including, but not limited to: private foster care and adoption agencies, foster parent associations, media-assisted recruitment, recruitment by culture based and faith based organizations.(2) Whenever an individual contacts the Department for the purpose of applying to be a foster or pre-adoptive parent, the Department shall conduct an initial screening process to determine if the individual and any household member meets the Department's initial eligibility criteria as set forth at 110 CMR 7.100(3) and (4).(3) An individual will be eligible to apply to be a foster or pre-adoptive parent if she/he, or a member of their/her/his household,(a) does not have a criminal record which, in the judgment of the Department bears adversely upon the individual's ability to assume and carry out the responsibilities of a foster or pre-adoptive parent, as established by Department Policy on background record check and 110 CMR 18.00et seq.; and(b) has not an open case with the Department during the 12 months immediately preceding the initial screening process except:1. The individual/household member has an open case to receive services following an adoption legalization;2. The individual/household member has an open case to receive services on behalf of a child for whom they are a guardian;3. The individual is a prospective Kinship placement and the household member with the open case is the teen parent of a child to be placed, the teen parent is not alleged to be responsible for the physical or sexual abuse of any child in a supported child abuse/neglect investigation under M.G.L.c. 119, § 51B, and it is considered to be in the child's best interest for the teen parent to be a member of the kinship household;4. Were the household member with an open case is a biological parent, but not an applicant, who is unable to parent their child due to a disability and the foster parent is approved by the commissioner after a recommendation by a central office clinical review team.5. Any circumstance other than those listed above when approved by the Assistant Commissioner over foster care and adoption, upon the recommendation of a Regional clinical review team; and(c) is not identified by the Department as alleged to be responsible for abuse or neglect of a child in a screened out report of child abuse/neglect under M.G.L. c. 119, § 51A or supported 5 1B investigation which was referred to the District Attorney pursuant to M.G.L. c. 119, § 51B(k), unless approved by the Regional Director, upon the recommendation of a Regional clinical review team; and(d) does not have a history of involvement with the Department, including but not limited to, being the victim or the perpetrator of child abuse or neglect, which in the judgment of the Department would bear adversely on the person's ability to assume and carry out the responsibilities of a foster or pre-adoptive parent; and(e) is a resident of the Commonwealth. If the individual is a resident of another state, they will be referred to the child welfare agency in the state where they reside. This does not preclude the Department from utilizing, or paying foster care payments to, foster/ pre-adoptive homes outside of the Commonwealth if that home has been approved by the resident state. In making the determination under 110 CMR 7.100(4)(b), (c) and (d), the Department will check its Central Registry and its computerized data system to determine if there is current, or has been previous, involvement with the Department and the nature of that involvement.
For any applicant who has lived outside the Commonwealth in the five years prior to applying to become a foster/pre-adoptive parent, the Department will check the central registry of child abuse and neglect in each state or other jurisdiction the applicant has lived in.
(4) An individual will not be eligible to apply to be a foster or pre-adoptive parent if: (a) the individual's home, which will be used to provide foster or pre-adoptive care, does not meet the physical standards as set forth at 110 CMR 7.105 or does not currently have space sufficient to accommodate one additional household member,(b) the individual's schedule would not require that afoster child of pre-school age spend in excess of 50 hours per week in child care, or that a foster child in the first grade or beyond spend more then 25 hours in child care each week,(c) the individual has a stable source of income sufficient to support his/her current household members,(d) the individual has a stable housing history,(e) the individual possesses the basic ability to read and to write in English or in his/her primary language or unless another household member who is requesting consideration as a foster/pre-adoptive parent can meet this criteria.(f) the individual has a working telephone in his/her home for both incoming and outgoing calls,(g) the individual has reached his/her 18th birthday,(h) the individual is not the parent of the child for whom she/he seeks to provide foster or adoptive care, and(i) is a citizen of the United States or been granted legal permanent resident status, asylum, refugee or other indefinite legal status by the U.S. Immigration officials.(j) the premises of the individual's home are free of any animal that would pose a danger to a foster/pre-adoptive child. This initial eligibility process will include at least one visit to the foster/pre-adoptive home, an interview with at least one of the potential foster/pre-adoptive parents and an assessment of the physical requirements for foster/pre-adoptive homes set forth at 110 CMR 7.105. The Department will provide the potential foster/pre-adoptive parent with the Department's Family Resource Application.
(5) If the Department determines that an individual is ineligible to apply to be a foster or adoptive parent it shall notify the individual in writing and shall include the reason(s) for the ineligibility.(6) If as a result of the Department's initial screening process an individual is determined to be ineligible to apply to be a foster or adoptive parent, that determination shall be final and the individual shall not have a right to have that decision reviewed through the Department's fair hearing process. However, if the sole basis for ineligibility is based on the individual's, or a household member's, criminal record, the individual has the right to submit information demonstrating the inaccuracy of, or the lack of relevance of, the criminal record.
(7) If as a result of the Department's initial screening process an individual decides to withdraw from consideration as a foster/pre-adoptive parent, the Department will confirm the individual's decision in writing and document the decision in the foster/pre-adoptive parent file.