(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
(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.
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.
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
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;
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;
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.
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.
full statement of the reasons for such proposed action.
(g) Social assessment of the child and family
(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
(i) Copy of all
court documents relating to custody or adoption of the child, if
(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
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
(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.
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
authority of sending agency to place child which may consist of any of the
following as appropriate:
2. Executed Voluntary
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
(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
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.