110 CMR 7.516 - Procedural Requirements When the Commonwealth is the Receiving State

(1) Whenever the Interstate Compact procedures or the provisions of M.G.L. c. 119, § 36 are applicable, all placements of children across state borders into the Commonwealth shall require the advance approval, in writing, of the Compact Administrator of the Commonwealth.

(2) The Compact Administrator of the Commonwealth shall approve the placement so long as the proposed placement conforms to the laws of the Commonwealth, and does not appear to be contrary to the interests of the child. The placement need not be the best possible placement to be approved, so long as it is reasonable and satisfactory considering all the relevant circumstances.

(3) The Compact Administrator shall not approve a placement of a child into the Commonwealth whenever the provisions of the Interstate Compact or the provisions of M.G.L. c. 119, § 36 are applicable, unless the following are submitted in advance to the Compact Administrator, except that 110 CMR 7.516(a) and (b) shall not be required from a public sending agency in a state which is a party to the Interstate Compact:

(a) An individual or blanket bond running to the Commonwealth in such penal sum and with such surety or sureties as the Department may approve.

(b) A written application containing such information relative to such child as the Department may require and which includes the statement:

1. that all statements contained in such an application are true;

2. that any such child becoming a public charge during his minority shall be removed from the state by the sending agency not later than 30 days after notice from the Department;

3. that such child shall be removed from the state by the sending agency immediately upon his release from any penal or reformatory institution or training school to which he has been committed, within three years of his arrival within the state, for juvenile delinquency or crime;

4. that such child shall be placed or boarded by the sending agency under such agreement as will secure to him a proper home and surroundings, and as will render his custodian responsible for his proper care, education and training, under adequate supervision and subject to annual visitation by an agent; and

5. that such reports relative to the child shall be made to the Department as it may require.

(c) The name, date and place of birth of the child.

(d) The identity and address(es) of the parent(s) and legal guardian(s).

(e) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring or place the child.

(f) A full statement of the reasons for such proposed action.

(g) Social assessment of the child and family (Form ICPC-101).

(h) An opinion letter from a member of the Bar of the sending state that surrenders by parent(s) and/or termination of parental rights were accomplished fully in accordance with the laws of the sending state, or evidence that the process for terminating such rights has been commenced in accordance with the laws of the sending state.

(i) Copy of all court documents relating to custody or adoption of the child, if applicable.

(j) A full statement of what the Commonwealth is being asked to do regarding the child.

(k) Copy of Request to Place Child (Form ICPC 100A), if applicable.

(l) Copy of Report on Placement Status Change of Child (Form ICPC 100B), for all retroactive applications.

(m) A home study of the proposed placement site in the Commonwealth conducted by a placement agency licensed or approved by the Office for Children.

(n) If a child is of Indian heritage, verification that the placement is in compliance with the Indian Child Welfare Act.

(o) In any case where parent(s) have terminated their parental rights and have surrendered their child to a person or agency in the Commonwealth, a statement naming as the sending agency, a state child welfare agency or other financially responsible entity, signed and acknowledged by said financially responsible entity as to its financial obligation.

(p) In the case of placement for purposes of adoption, a description of each expense incurred or to be incurred by the adoptive parents, the amount of each such expense, the name and address of the payee and the date of payment.

(q) In the case of placement for purposes of adoption, medical background information on the child (if born) and on the natural parents.

(r) Evidence of authority of sending agency to place child which may consist of any of the following as appropriate:

1. Court order;

2. Executed Voluntary Placement Agreement;

3. A notarized statement by a parent or legal guardian acting as a sending agency;

4. Executed surrender form executed in accordance with the requirements of the sending state.

(s) Whenever a private child welfare agency is the sending agency, a copy of its current license.

(t) A pre-placement visitation plan which is consistent with good social work practice.

(4) The receiving agency shall arrange for the actual placement of the child and shall supervise the placement if requested to do so by the sending agency. The receiving agency may make recommendations regarding the placement, but the sending agency shall make all the decisions, provided that whenever the receiving agency requests the removal of the child out of the Commonwealth, the sending agency shall remove such child.

(5) The receiving agency shall conduct a home study of the family with whom placement is to be made. Within 30 days of receiving a request for the conduct of such home study, the receiving agency shall prepare such home study and shall make a recommendation on the suitability of the placement to the Compact Administrator of the Commonwealth.

(6) Notwithstanding any provisions to the contrary, whenever a child is placed into the Commonwealth under the provisions of the Interstate Compact or M.G.L. c. 119, § 36, and such child is emotionally, physically or mentally handicapped so that the need for such placement will reasonably be expected to continue past the child's 18th birthday, the Commonwealth, as the receiving state, shall condition the acceptance of the child into the Commonwealth on the execution of an agreement with the sending agency that the financial responsibility for such individual shall continue with the sending agency so long as the individual remains in the Commonwealth and requires financial assistance, provided, however, that the sending agency shall no longer be financially responsible if the individual is adopted or is discharged from the placement with the concurrence of the Compact Administrator for the Commonwealth.

Notes

110 CMR 7.516