110 CMR 23.08 - Denial, Reduction, or Termination of Services

(1) Young adult support services may continue until 22 years of age as long as the young adult continues to meet one of the criteria listed in 110 CMR 23.03, regularly meets with their Department Social Worker, and cooperates with other reasonable requests made by the Department. The young adult's continued participation in such Department services must be under conditions agreed upon by both the Department and the young adult.

(2) The Department will work with the young adult to develop a transition plan beginning 90 days prior to the end of services to the young adult or 90 days prior to discharge from placement, whichever is earlier. The transition plan must be personalized at the direction of the young adult, be as detailed as they choose and include specific options regarding housing, health insurance, education, local opportunities for a mentor or continuing support services, work force supports and employment services, and information about the importance of a health care proxy. The Department will provide the young adult with the documents/information required by 42 USC § 675(5)(I).

(3) The Department may deny, reduce or terminate any or all of services to the young adult if the young adult does not meet one of the criteria in 110 CMR 23.03, does not meet regularly with the Department social worker, or otherwise does not cooperate with the Department's requests as outlined in the action plan. If the Department decides to deny, reduce or terminate young adult support services, it must do so in writing at least 30 days prior to the agency action and must state the reasons for the denial, reduction or termination. In a situation where the agency is terminating all services the Department must complete the transition planning with the young adult as required above. The process to deny, reduce or terminate young adult support services is governed by 110 CMR 8.00: Service Denial, Reduction, or Termination.

(4) Any young adult aggrieved by the denial, reduction, or termination of young adult support services, excepting young adult support payments, may request a fair hearing on the matter up to 22 years of age, pursuant to 110 CMR 10.00: Fair Hearings and Grievances. If the request for a fair hearing is made within 30 days of notice of the denial, reduction or termination of young adult support services, the services shall continue pending the outcome of the fair hearing. Any young adult aggrieved by the denial, reduction or termination of young adult support payments shall receive 30 days written notice from the Department, unless the Area Director determines that immediate termination is needed due to fraud or misuse of funds, and may request a grievance and have an opportunity to present information/documentation to the Area Director in support of their request to have Young Adult Support payments or to not have payments suspended or terminated.

Notes

110 CMR 23.08

Adopted by Mass Register Issue 1399, eff. 9/6/2019.