Section 3.09 - Shelter Homes(1)Information to Be Provided. The licensee shall provide to all prospective shelter home parent applicants and upon request to any person the following information:(a) written information regarding the licensee's program, and the children served by the program, as required by 606 CMR 3.04(1);(b) written grievance and appeal procedures as required by 606 CMR 3.04(3)(i);(c) written statement identifying all qualifications required of shelter home parents, as required by 606 CMR 3.09(2);(d) written statement of physical requirements for shelter homes, as required by 606 CMR 3.09(3);(e) written policy and procedure for orienting and assessing shelter home parent applicants, as required by 606 CMR 3.09(4) and (5).(2)Qualifications Required of Shelter Home Parents. The licensee shall maintain a written statement identifying the qualifications required of shelter home parents, clearly identifying criteria by which shelter home parent applicants may or may not be approved.(3)Physical Requirements for Shelter Homes. The licensee shall establish physical requirements for shelter homes, which shall include, but need not be limited to, the following:(a) The shelter home shall be clean, safe, free of fire and other hazards, and of sufficient size to accommodate comfortably all members of the household and the approved number of children;(b) The shelter home shall have adequate lighting and ventilation, hot and cold water supply, plumbing, electricity, and heat;(c) The shelter home shall have sufficient furniture to allow each child to sleep in a separate bed and to have adequate storage space for his/her personal belongings;(d) The shelter home shall have bedrooms which provide at least 50 square feet per child and shall accommodate no more than four children per bedroom;(e) No child one year of age or older shall sleep in the same room with an adult of the opposite sex;(f) No bedroom to be used by children shall be located above the second floor unless any such floor has two means of egress;(g) No bedroom to be used by children shall be located below the first floor unless it contains a ground level, standard door exit and at least one operable window;(h) Shelter homes shall be furnished and maintained in a safe, appropriate and comfortable manner; (i) The shelter home shall be equipped with smoke detectors which shall be maintained in working order; (j) If the shelter home uses well water, it shall be tested and determined safe, and a report of the test furnished to the licensee. (4)Orientation. The licensee shall provide an orientation to the shelter home parent applicants. The orientation shall include information on the following: (a) the purpose and nature of shelter care;(b) the characteristics and needs of children placed in shelter homes;(c) the role of the shelter agency;(d) the services provided by the shelter agency;(e) the role and responsibilities of shelter home parents;(f) assessment procedures, as described in 606 CMR 3.09(5);(g) the approximate duration of time a child may be in placement;(h) the licensee's family contact and visitation policy;(i) child abuse reporting requirements;(j) crisis intervention, including restraint, if applicable;(l) communicable diseases and necessary precautions;(m) administration of medication and requirements for documentation;(n) emergency planning including evacuation of the home, posting poison control phone number and appropriate storage of toxic substances; (o) procedures to follow in the event a child runs away from the home.(5)Shelter Home Parent Applicant Assessments. The licensee shall, consistent with its current needs, promptly assess each shelter home parent applicant unless at any time during the course of the assessment it is determined that the shelter home parent applicant would not appropriately serve the best interests of children. No child shall be placed in a shelter home until the assessment has ben completed and the home approved.(a) The licensee shall provide each applicant with general information on the purpose and nature of shelter home care, the role and responsibilities of shelter home parents, and the services provided by the licensee.(b) The licensee shall require each applicant to furnish evidence of a current medical examination and a written statement from a licensed physician regarding the health and any illnesses or disabilities of all household members.(c) The licensee shall interview each shelter home parent applicant individually.(d) The licensee shall interview all other members of the applicant's household, as appropriate to the age of the member of the household.(e) The licensee shall make at least one visit to the applicant's home to determine if physical requirements for shelter homes are met.(f) The licensee shall determine that each shelter home parent applicant and all household members have a background free of conduct which bears adversely upon his or her ability to provide for the safety and well-being of children in accordance with 606 CMR 14.00: Criminal Offender and Other Background Record Checks. Such conduct shall include, but not be limited to the conduct described in 606 CMR 1.05(2)(a)1. through 4.(g) The licensee shall conduct reference checks by telephone.(h) The assessment shall be summarized in a written report and shall document the following: 1. motivation for providing shelter care;2. emotional stability and compatibility of the shelter home parent applicants;3. the social, education and health history of the shelter home parent applicants;4. the family composition, a description of the home and the adjustment of the applicant's own children, if any;5. the family's attitude toward accepting children for temporary shelter, including the attitudes of extended family members;6. parenting ability, including child rearing and discipline;7. at least three telephone reference checks;8. the licensee's recommendation as to the age, sex, and characteristics, including special needs, of children best served by the shelter home parent applicants;9. evidence of each person's compliance with 606 CMR 3.09(5)(f).(6)Notification of the Results of the Assessment. The licensee shall notify each shelter home parent applicant in writing of the results of the assessment within two weeks of the last meeting with the applicant.(7)Disapproval and Appeals. Shelter home parent applicants not approved 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 3.04(3)(i).(8)Training of Shelter Home Parents. The licensee shall provide an ongoing training program to develop shelter home parents' skills in meeting the needs of children and in fulfilling their responsibilities as shelter home parents.(9)Agreements with Shelter Home Parents.(a)General Shelter Home Parent Agreement. The licensee shall enter into a written agreement with every shelter home parent applicant in his or her native language whom the licensee has assessed and approved to become a shelter home parent. This agreement shall be signed and dated and reviewed annually by the licensee and each shelter home parent and shall include: 1. the name and address of the licensee and the name and address of the shelter home parent;2. a statement defining the responsibilities of the shelter home parents;3. a statement defining the responsibilities of the licensee for providing services to children and shelter home parents;4. a statement describing state law and agency requirements regarding child rearing and discipline practices, including a statement prohibiting shelter home parents from using any physical punishment upon any child;5. the range of payments to be made to shelter home parents for board and care of children, and the frequency of such payments, if applicable;6. the method for closing a shelter home or for removing a child from the home;7. the method for registering complaints and obtaining administrative review of the licensee's decisions affecting shelter home parents and the child, pursuant to the agency grievance procedure required by 606 CMR 3.04(3)(i);8. the responsibility of the licensee to provide, and the shelter home parents' responsibility to participate in, ongoing training programs;9. the responsibility of the licensee to make shelter home parent's annual review available to them;10. a statement that no shelter home parent shall give up full-time residential care of any 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;11. a statement which assigns responsibility for payment of liability insurance to protect the shelter home parents from personal liability for certain damages relating to the provision of shelter care, and which advises the shelter home parents to review any insurance policies they personally may have to determine extent of coverage;12. a statement which assigns responsibility for payment in the event of damage to or loss of the shelter home parents' property by reason of the child, and which advises the shelter home parents to review any insurance policies they personally may have in order to determine the extent of their coverage;13. a statement requiring the shelter home parents to notify the licensee in the following circumstances:a. in advance of any vacation or trip which would result in the family being away from their usual place of residence overnight when a child is in placement;b. immediately in the event of a death or serious injury to the child;c. within 24 hours of any significant changes in the status or health of household members including, but not limited to: death, divorce, separation, serious illness or hospitalization;14. a statement outlining the responsibility of the shelter home parent to report any suspected incidents of abuse or neglect to the Department of Children and Families and to the licensee;15. a plan for the care of the child or children during any extended absences of the shelter home parents which shall have as a priority the maintenance of the children's stability;16. provisions for termination of the agreement.(b)Required Agreement upon Placement of an Individual Child. For children in care more than 72 hours, the licensee shall enter into a written agreement with the shelter home parent caring for the child. This agreement shall be in the shelter home parent's native language and shall be signed and dated by the licensee and each shelter home parent. It shall include:1. the full name and address of the child placed in the shelter 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 any special abilities or behavioral problems the child may have;6. a summary of the child's placement history and social history when providing this information is not contrary to the best interests of the child;7. child's custody or guardianship status;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. name, office address and office phone number of the social worker responsible for the child;12. a phone number to contact the social worker responsible for the child in case of emergencies or the number of the licensee's 24 hour telephone service;13. a statement authorizing the shelter home parents to obtain routine and emergency medical and dental care for the child;14. provisions for visits by the social worker with the child and shelter home parents;15. the conditions under which the agreement may be terminated and the child removed from the home.(c)Explanation of Agreements. The licensee shall explain every term of the agreements required in 606 CMR 3.09(9)(a) and (b) to each shelter home parent in his or her native language before they are signed and shall provide each shelter home parent with a copy of each agreement.(10)Information Prior to Decision to Accept a Child. The licensee shall provide each shelter home parent prior to or at the time of placement sufficient information about each child to be placed to enable the shelter home parent to determine if he or she 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.(11)Information to Child Prior to Placement in a Shelter Home. The licensee shall provide information to each child prior to or at the time of placement in a shelter home which includes:(a) specific rules and expectations of the licensee;(b) rules which may be specific to the shelter home and emergency procedures for evacuating the home;(c) any daily schedule required for the child's participation in the shelter program;(d) emergency information including name and phone number of agency worker.(12)Assignment and Responsibilities of the Shelter Home Case Manager. Each shelter home shall be assigned a case manager who shall be responsible for providing direct services to the shelter home. The case manager shall assist the shelter home parents with any matters concerning the shelter home parents or their family which may impact on their ability to provide shelter care. Such assistance shall include the obtaining of services provided by the licensee and aid in applying for other services. The case manager shall visit the shelter home at least once a month while there is a child placed in the home.(13)Requirement for Annual Review. The licensee shall annually review in person with each shelter home parent his or her performance and experiences in providing shelter care during that year, including review of responsibilities outlined in the general shelter home parent agreement, and shall provide each shelter home parent with the results of the review in writing. The shelter home parent may dispute the results of the review in writing. The shelter home parent's statement shall become part of the shelter home parent's record. The review shall include, but not be limited to:(a) a review with each shelter home parent of his or her performance and experiences in providing shelter care;(b) reference to any services provided to the shelter home on its own behalf;(c) a summary of the shelter home parents' participation in orientation and training.(14)Emergency Removal. The licensee shall develop procedures to ensure that a child(ren) may be removed immediately in cases of emergency when the licensee determines that the health or safety of the child(ren) would be endangered by remaining in the shelter home. The emergency removal procedures may be initiated at the request of the shelter home parent. The licensee shall maintain a written record of such removal which shall be available to the shelter home parents and the Department. The licensee shall notify the shelter home parents in writing of the specific reasons for the removal and shall provide them with information about the agency grievance procedure.(15)Closing of Shelter Home. In cases where the licensee determines that the shelter home is unable to meet the needs of children, the licensee shall send a written notice of intent to close the home to the shelter home 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 may not be closed nor, consistent with each child's service plan, the children removed until the shelter home parents, if they so desire, have had the opportunity to access the grievance procedure. Upon the closing of a shelter home, all agreements with the shelter home parents shall terminate.Adopted by Mass Register Issue 1303, eff. 1/1/2016.