110 CMR 6.01 - Foster Care Review and Permanency Hearing - Generally

(1) Foster Care Review. A Foster Care Review (FCR) is a review, conducted by a panel under the auspices of the Department's independent Foster Care Review Unit (FCRU) established under M.G.L. c. 18B, § 6A, of the action plan and progress toward permanency and the safety and well-being of a child or young adult.

(a) who is either:

1. committed by a court to the custody of the Department or an agent of the Department;

2. in the custody of the Department via an adoption surrender, executed in conformance with M.G.L. c. 210, §2;

3. in the voluntary care of the Department pursuant to a Voluntary Placement Agreement or a petition under M.G.L. c. 119, § 23(a)(1); and

(b) who is not living at home at the time the foster care review is scheduled to occur.

(2) Permanency Hearing. A Permanency Hearing is a review conducted by the court which granted custody of a child to the Department. The review is conducted under the provisions of M.G.L. c. 119, § 29B and includes reviews for any child or young adult up to 22 years of age.

(3) Definitions.

(a) Age or Developmentally Appropriate Activities:

1. activities or items that are generally accepted as suitable for children, youth and young adults of the same chronological age or level of maturity or that are determined to be developmentally-appropriate based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and

2. in the case of a specific child, youth or young adult, activities or items that are suitable based on the developmental stages attained by the child, youth or young adult with respect to their cognitive, emotional, physical, and behavioral capacities.

(b) Reasonable and Prudent Parent Standard. The standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child, youth or young adult while at the same time encouraging the emotional and developmental growth of the child, youth or young adult. The caregiver shall employ this standard when determining whether to allow a child, youth or young adult in foster care to participate in extracurricular, enrichment, cultural, and social activities.

Notes

110 CMR 6.01

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