110 CMR 7.506 - Placement of Out-of-state Children in Residential Institutions

(1) Placement of a child in a residential institution is a placement within the meaning of the Interstate Compact if the institution provides child care or other services which, if provided by a family or individual other than the child's parents, would constitute foster care, with or without payment.

(2) Where children attend school or other educational programs, but are not housed or cared for on a 24-hour basis by the school or educational program and where a placement within the meaning of the Compact occurs, the placement shall be deemed to be with the person, family, agency or institution which provides the 24-hour a day housing and care during the period of school or other educational attendance.

(3) The type of license, if any, held by an institution may be used as evidence of its character, but whether an institution is either generally exempt from the need to comply with the Interstate Compact procedures or exempt in a particular instance shall be determined by the services the institution actually provides or offers to provide.

Notes

110 CMR 7.506