110 CMR 7.116 - Removal of Foster Children from Foster/Pre-adoptive Homes

(1) Whenever the Department receives a request from a foster/pre-adoptive parent to remove a from the foster/pre-adoptive home, the Department shall do the following:

(a) interview the foster/pre-adoptive parent to determine the reason(s) for the request;

(b) interview the foster/pre-adoptive parent, the foster child, other household members, and/or any other individual deemed necessary for the purpose of determining whether the situation giving rise to the request might be resolved without removing the child;

(c) if the situation giving rise to the request appears to be resolvable, provide, or offer to provide, services or assistance available from the Department to facilitate resolution of the situation without removing the child;

(d) if the situation giving rise to the request is not resolved, or if the foster/pre-adoptive parent still wishes the child removed from the foster/pre-adoptive home after attempts to resolve the situation have been made, the Department shall make arrangements for moving the child to another placement and notify the foster/pre-adoptive parent and the foster child of the actual or estimated date when the child will be removed from the foster/pre-adoptive home;

(e) as appropriate, notify the child's parents, (unless they have surrendered the child for adoption or a court of competent jurisdiction has issued a decree dispensing with the need for parental consent to the child's adoption); school officials, juvenile probation officers, and/or other individuals interested in the child's whereabouts, of the change in the child's placement; and

(f) prepare a written report concerning the request for removal of the foster child from the foster/pre-adoptive home and the reason(s) therefore, and enter the written report in the foster/pre-adoptive parent file. No right of appeal shall exist when the child is being removed from the foster/pre-adoptive home at the request of the foster/pre-adoptive parent(s).

(2) Whenever the Department determines that a foster child should be removed from a foster/pre-adoptive home for the purpose of achieving a more suitable placement for permanency, safety or well-being, and not because of a request made by the foster/pre-adoptive parent(s) for removal of the foster child nor because of the occurrence or threat of abuse or neglect of the child in the foster/pre-adoptive home, the Department shall do the following:

(a) give written notice to the foster/pre-adoptive parent(s) as soon as the determination is made but absent an emergency at least 14 days prior to the intended removal of the foster child(ren). The written notice shall include at least the following:

1. the fact that the Department intends to remove the foster child from the foster/pre-adoptive home;

2. the reason(s) for the intended removal;

3. the actual or estimated date when the foster child will be removed from the foster/pre-adoptive home;

4. if the reason for the intended removal is to place the child with a prospective guardian or adoptive parent, notice that the foster parent(s) may apply to become the child's guardian(s) or adoptive parent(s) and the procedure for so applying; and

5. notice of the foster/pre-adoptive parent's right to appeal the decision to remove the foster child from the foster/pre-adoptive home, under the fair hearing or grievance procedure, provided however that no right of appeal exists if the child is to be removed in order to be placed:

a. with his or her parent(s);

b. in an independent living situation;

c. in a different foster home after the foster home was not licensed or whose license was revoked following a license study, reassessment study, license renewal study or a limited reassessment study.

d. in a department foster home from an intensive foster care home, where the child is no longer in need of intensive foster care, unless the intensive foster care foster parent is seeking to become a pre-adoptive or guardian placement and has not been denied by the Department.

e. in one of the following placements, if the current placement is not such a placement, unless the foster parent(s) has applied to be a pre-adoptive or guardian placement for the child and has not been rejected by the Department as a pre-adoptive or guardian placement for the child, or there is a fair hearing pending challenging the denial of the current foster parent as the child's pre-adoptive or guardian placement:

i. in a pre-adoptive home;

ii. with a legal guardian;

iii. in a home where one or more of the child's siblings is residing; or

iv. in a kinship home of the foster child if the current foster parent is not a kinship home of the foster child.

6. Notice that if the foster/pre-adoptive parent(s) intend to file for a fair hearing from the decision to remove the child, they must do so within ten days of receipt of the notice in order to prevent the removal of the child(ren) pending the fair hearing. A copy of the written notice shall be entered in the foster/pre-adoptive parent file.

(b) make arrangements for moving the child to the new placement;

(c) if the foster/pre-adoptive parent files an allowable fair hearing claim of appeal of the removal decision within ten working days after receiving the written notice, the foster child shall not be removed until ten working days following the issuance of a decision of the hearing officer adverse to the foster/pre-adoptive parent's claim, or until the child is removed for non-appealable reasons, or until the child is removed in accordance with the provisions of 110 CMR 7.116(1) or (3), or until it is determined by an Area or Regional Director that the foster child's physical, mental, or emotional well-being would be endangered by leaving the child in the foster/pre-adoptive home, whichever occurs first;

(d) if the foster child is removed from the foster/pre-adoptive home, the Department shall notify, as appropriate, the child's parents, (unless they have surrendered the child for adoption or a court of competent jurisdiction has issued a decree dispensing with the need for parental consent to adoption), school officials, juvenile probation officers, and/or other individuals interested in the child's whereabouts, of the change in the child's placement.

(3) Whenever the Department has received, investigated, and supported a report of abuse or neglect of any foster child and the foster/pre-adoptive parent is named as the person believed to be responsible for the abuse or neglect of the child, the following procedures shall be observed:

(a) the foster/pre-adoptive home shall be closed to any future placements of children.

(b) the license shall be changed and, pending a determination under 110 CMR 7.116(3)(b) or (c), the placement will be deemed a child specific placement for any children who remain in the foster/pre-adoptive home.

(c) As to any foster child(ren) already in the foster/pre-adoptive home, if the Department determines that the foster child's physical, mental or emotional well-being would be endangered by leaving the child in the foster/pre-adoptive home, it shall immediately remove the foster child from the foster/pre-adoptive home and arrange an alternative placement. The foster/pre-adoptive parent shall be given verbal notice as soon as possible after the child is removed, and written notice within five days after the removal. The written notice shall include at least the following information:

1. the reason(s) for the removal;

2. notice of the foster/pre-adoptive parent's right to appeal the removal decision, and the procedures for taking such an appeal;

3. notice that the Department intends to perform a limited re-assessment of the foster/pre-adoptive parent(s) and the foster/pre-adoptive home.

A copy of the written notice shall be entered in the foster/pre-adoptive parent file. The Department shall then conduct a limited re-assessment of the foster/pre-adoptive parent(s) and foster/pre-adoptive home in accordance with the provisions of 110 CMR 7.113(1).

(d) If the Department determines that the foster child's physical, mental or emotional well-being would not be endangered by leaving the child in the foster/pre-adoptive home, it shall not remove the foster child, and shall proceed to perform a limited re-assessment of the foster/pre-adoptive parent(s) and the foster/pre-adoptive home. If the limited re-assessment is satisfactory, the placement shall become a child-specific placement as to the foster child remaining in the home.

(e) The limited re-assessment performed for purposes of 110 CMR 7.116(3) shall be conducted for the purpose of determining:

1. whether the removal of the foster child should be sustained if the foster child has already been removed; and

2. whether any other foster children in the foster/pre-adoptive home should be removed.

(f) If the limited re-assessment results in a decision to remove one or more foster children from the foster/pre-adoptive home, the Department shall make arrangements for removing any of those children still remaining in the foster/pre-adoptive home and moving them to new placements. If the limited re-evaluation does not result in a decision to remove one or more foster children from the foster/pre-adoptive home, the reason(s) for said determination shall be recorded in writing in the case file and approved in writing by the Hosting Area Director.

(g) Whenever a foster child is removed under 110 CMR 7.1116, the Department shall notify, as appropriate, the child's parents (unless they have surrendered the child for adoption or a court of competent jurisdiction has issued a decree dispensing with the need for parental consent to adoption), school officials, juvenile probation officers, and/or other individuals interested in the child's whereabouts of the change in the child's placement.

(4) Whenever the Department has received, investigated, and supported a report of abuse or neglect of any child and a member of the foster/pre-adoptive household, other than the foster/pre-adoptive parent(s), is named as the person believed to be responsible for the abuse or neglect, the Department shall conduct a limited reassessment in accordance with 110 CMR 7.116(3).

As part of the limited reassessment the Department will determine whether the home will remain open to future placements, whether the home should be restricted to a child-specific home for any children remaining in the home and whether it is in the best interest of the children placed in the home to remain in that home.

(5) Whenever the Department has revoked or not renewed a license for a licensed foster/pre-adoptive parent(s) and foster/pre-adoptive home, as a result of an annual or limited re-assessment, the Department shall remove all children from the foster/pre-adoptive home, unless the Department determines that it is in the child(ren)'s best interest to remain in the foster/pre-adoptive home. If the Department determines that it is in the child(ren)'s best interest to remain in the foster/pre-adoptive home, the home shall become a child specific home and subject to the same terms and conditions as any home approved under 110 CMR 7.108.

When a foster child is removed under this provision, the Department will provide the foster/pre-adoptive parent(s) 14 days notice in advance of the decision to remove the foster child, unless the Area Director has determined that the child's physical, mental or emotional well-being would be endangered by remaining in the foster/pre-adoptive home, in which case the Department will provide less then 14 days notice.

(6) The removal of foster children from a foster/pre-adoptive home following an annual or limited reassessment is governed by 110 CMR 7.113(1)(c).

(7) The rights of foster/pre-adoptive parent(s) to appeal Department decisions issued under 110 CMR 7.116 are set forth in 110 CMR 10.06.

Notes

110 CMR 7.116