110 CMR 7.515 - Financial Responsibility for the Child

(1) A sending agency in the Commonwealth shall continue to have financial responsibility for support and maintenance of any Massachusetts child placed out-of-state, during the period of the out-of-state placement (including any subsidized adoption which occurs out-of-state).

(2) An out-of-state sending agency shall continue to have financial responsibility for support and maintenance of any child placed in the Commonwealth during the period of the placement (including any subsidized adoption which occurs in the Commonwealth).

(3) A sending agency in the Commonwealth may contract with any third party to shift financial responsibility for an out-of-state placement to such third party, provided that in the event of default by the third party financial responsibility for the child as between the receiving state and sending agency remains with the sending agency in the Commonwealth.

(4) A sending agency in the Commonwealth shall not condition a placement with a receiving state upon the latter's assumption of financial responsibility for the child.

(5) The laws of the receiving state shall govern whether a particular cost is a cost of placement which shall be borne by the sending agency, provided that the rate at which foster care payments shall be paid shall be the rate established by the Commonwealth, regardless of whether it is the sending or receiving state.

(6) Nothing in 110 CMR 7.00 shall prevent the sending agency from pursuing its right to reimbursement from parties responsible for the support of the child.

(7) Whenever parent(s) terminate their parental rights and surrender the child to a person or agency in the Commonwealth, such parents by virtue of such surrender shall not retain any jurisdiction over the child but jurisdiction and financial responsibility for the child shall be vested in a state child welfare agency or other financially responsible entity which must be named as the sending agency. Financial responsibility shall include the support and maintenance of the child during the pre-adoption period of the child's placement in the Commonwealth.

Notes

110 CMR 7.515