DEPARTMENT OF SOCIAL SERVICES

M.G.L. pt. Part I, tit. Title II, ch. c. 18B

in effect

M.G.L. c. 18B, § 1 Establishment

c. 18B, § 1. Establishment Section 1. There shall be a department of children and families, in this chapter called the department.

M.G.L. c. 18B, § 2 Services enumerated

c. 18B, § 2. Services enumerated Section 2. The department shall provide and administer a comprehensive child welfare program for children and families, including the following services:— (1) casework or counseling, including services to families, foster families or individuals; (2) protective services for children; (3) legal services for families, children or individuals who are clients of the department; (4) adoption services; (5) information and referral services; (6) foster family care for children and specialized foster family care for children with special needs; (7) residential care for children with special needs who are not suited for foster family care or specialized foster family care; (8) informal education and group activities; (9) training in parenthood and home management for parents, foster parents and prospective parents; (10) family services intended to prevent the need for foster care and services to children in foster care; (11) temporary residential programs providing counseling and supportive assistance for families in transition and their children who, because of domestic violence, homelessness, or other situations, require temporary shelter and assistance; (12) camping services; (13) information and referral services; (14) services for families and individuals in emergency and transitional housing; (15) comprehensive youth development services; (16) access to and coordination of medical, dental and mental health services for children in foster care whose families are receiving services from other state agencies; and (17) child care placements for children whose families have an open case with the department.

M.G.L. c. 18B, § 3 Functions of department; area-based service programs

c. 18B, § 3. Functions of department; area-based service programs Section 3. (a) The department shall provide comprehensive, area-based child welfare services. These services shall be organized by regions and areas consistent with those established by the secretary of health and human services under section 16 of chapter 6A. (b) In order that the area-based services be adapted, organized and coordinated to meet the needs of certain population groups, the department shall provide programs for: (1) families and children which shall, among other objectives, serve to assist, strengthen and encourage family life for the care and protection of children, assist and encourage the use by any family of all available resources to this end, and provide substitute care of children only when preventive services have failed and the family itself, or the resources needed and provided to the family, cannot insure the integrity of the family and the necessary care and protection to guarantee the rights of any child to sound health and normal physical, mental, spiritual and moral development; and (2) other population groups which require special adaptation of the services provided because of special needs. (c) The department shall: (1) formulate the policies, procedures and rules necessary for the full and efficient implementation of programs authorized by the laws of the commonwealth and federal laws in the area of services for children and families; (2) administer the services, funds and personnel necessary for these programs throughout the commonwealth; (3) establish and enforce high standards of service and strive to elevate such standards; (4) provide the range of services on a fair, just and equitable basis to all people in need of such services; (5) collaborate with other departments of the commonwealth and with voluntary or private agencies or organizations to assure efficient and high-quality social and educational services for persons who are unable, for social or economic reasons, to provide such services for themselves; (6) study the social and economic problems in the commonwealth and make recommendations to the appropriate branches and agencies of government, including the office of the child advocate, for broadening and improving the scope and quality of child welfare services; and (7) recruit and retain foster care and pre-adoption parents sufficient for the needs of children serviced by the department, including expanded efforts through education of the public.

M.G.L. c. 18B, § 4 Payment for services

c. 18B, § 4. Payment for services Section 4. Subject to appropriation, services of the department shall not be denied to any person because of such person's financial assets or income; provided, however, that the department shall establish a schedule of fees for services which may vary with the ability of the recipient of such services to pay therefor. The department shall develop regulations defining standards of need and priorities for the allocation of social services; such regulations may not deny any category of social services to any person on the basis of such person's financial assets or income, except with regard to any category of social service which, prior to July twenty-second, nineteen hundred and seventy-eight, could have been denied to a person on the basis of such person's financial assets or income.

M.G.L. c. 18B, § 5 Federal requirements; additional services; inspection of records

c. 18B, § 5. Federal requirements; additional services; inspection of records Section 5. The department shall make provision for such social services as are required under Title XX and Title IV B of the Social Security Act and the regulations established thereunder and shall provide such additional services as the general court may determine. In order to assure the fullest possible reimbursement from the federal government, the records of the department shall be open for inspection by representatives of the federal government for fiscal purposes including, but not limited to audit, the approval or authorization of payments for assistance to children or families, or for any other purpose directly connected with the administration of such payments for assistance.

M.G.L. c. 18B, § 6 Commissioner; appointment; qualifications; salary

c. 18B, § 6. Commissioner; appointment; qualifications; salary Section 6. The department shall be under the direction, supervision and control of the commissioner of children and families, in this chapter called the commissioner, who shall be appointed by the secretary of health and human services, with the approval of the governor, and who shall serve at the pleasure of the secretary, and may be removed by the secretary at any time, subject to the approval of the governor. Said commissioner shall be qualified by training and experience to perform the duties of the office and shall at the time of appointment have received a doctorate or other degree beyond the level of the baccalaureate in the field of business, economics, education, government, law, medicine, psychology, public administration, public health, public policy, social work, urban planning, or a field substantially related to one or more of the foregoing and shall have had not less than seven years of responsible administrative experience, at least three of which shall have been in a field related to human services, or said commissioner shall have had experience in one or more of said fields for a period of years equivalent to the number of years required to obtain such other degree beyond that of baccalaureate required herein, and shall have had, in addition thereto, not less than seven years of responsible administrative experience, at least three of which shall have been in a field related to human services. The position of commissioner shall be classified under section 45 of chapter 30 and the salary shall be determined under section 46C of said chapter 30 and the commissioner shall devote full time to the duties of the office. The commissioner shall be the executive and administrative head of the department.

M.G.L. c. 18B, § 6A Foster care review unit; director

c. 18B, § 6A. Foster care review unit; director Section 6A. The commissioner shall appoint a foster care review director who shall establish an independent foster care review unit within the department. The director shall appoint, subject to the approval of the commissioner, the members of the unit who shall be employees of the department, shall devote their full time exclusively to case reviews and shall convene and conduct administrative case reviews of the status of each child in the care of the department and young adults who remain under the responsibility of the department pursuant to subsection (f) of section 23 of chapter 119, at least once every 6 months. The reviews shall be performed by panels consisting of 1 member of the unit and 2 other persons, at least 1 of whom shall not be an employee of the department and represent to the maximum extent feasible the various socioeconomic, racial and ethnic groups served by the panel. No panel member shall be the social worker with direct case responsibility for the child or young adult whose case is being reviewed or the immediate supervisor of the social worker. Such reviews shall be held at convenient locations throughout the commonwealth and shall be chaired by the member of the panel from the unit. Panel members shall have sufficient experience or training to enable them to make recommendations. The purpose of the case review shall be to determine: (a) the necessity and appropriateness of the child's continued placement; (b) the extent of the parties' compliance with a written plan which has been developed between the department or its agent, the child's parents, and the child, where appropriate, and which states actions which must be undertaken within specified time limits by all parties to achieve identified service goals; (c) the extent of progress which has been made toward alleviating or mitigating the causes necessitating the child's placement; and (d) a projected date by which the child may likely be returned to his parents or guardian, or placed for adoption, or have a guardian appointed other than the department or its agent, or live permanently with kin or another permanent planned living arrangement. The department shall promulgate regulations for the conduct of case reviews. The regulations shall include, but not be limited to, standards for the conduct of the reviews; for the initial and ongoing training of the members of the unit and of the panels; for the participation by the social worker with direct case responsibility for the child, the child's parents, the child, where appropriate, and such other persons whose participation may be helpful; for adequate notice to all participants of the time and place of the review; for a written report of the panel's determinations and recommendations; for an appeal to the commissioner of social services, or his designee, by the social worker, the parents, or the child aggrieved by the panel's determinations and recommendations. The decision by said commissioner or his designee shall be final. Administrative case reviews shall not be subject to chapter 30A; provided, however, that nothing in this section shall prevent the exercise of any right of review a party may have pursuant to any other provisions of law. The director of the unit shall submit an annual report to the governor, the child advocate and the joint committee on children, families and persons with disabilities on the performance of the unit. The report shall contain: an analysis and evaluation of the foster care review system and recommendations, if any, for its improvement; the total number of children in the care of the department or its agents during the previous fiscal year; the number of children who were in its care for more than 6 months; the number of reviews conducted; the number of children returned to their parents or guardian; the number of children for whom guardians, other than the department or its agent, were appointed; the number of children released for adoption; and the number of children adopted.

M.G.L. c. 18B, § 7 Commissioner; powers and duties

c. 18B, § 7. Commissioner; powers and duties Section 7. (a) The commissioner shall establish reasonable caseload rates and shall report these caseload rates to the general court in the budget estimates of the department. (b) The commissioner shall develop and implement a management information system that shall contain fiscal and personnel data, client data, and program data necessary for the ongoing administration or effective service delivery. The information system shall include, but not be limited to, a service plan for each client, with provisions for periodic review thereof. The commissioner shall adopt such rules and regulations as are deemed necessary to ensure the confidentiality of client data collected by the department. (c) The commissioner shall develop and implement a comprehensive monitoring and evaluation system for all services under the control of the department and shall collect the necessary program and fiscal data annually. (d) The commissioner shall conduct an annual needs assessment for all services under the control of the department. (e) The commissioner shall report to the general court and to the child advocate: (i) annually on all services, including program and client data and unit costs, and on residential care pursuant to section 23; (ii) semi-annually on high-risk children, racial disproportionality and disparity, and service procurement pursuant to section 24; and (iii) quarterly on multiple 51A reports pursuant to section 25. (f) The commissioner shall develop and implement a plan for the orientation and training of area-based and other staff. The plan shall require all employees be issued photo identification to be used in the performance of their duties, including for display upon introduction. (g) The commissioner shall coordinate the overall service planning of the department with planning under Title XX of the Social Security Act, 42 U.S.C. 1397 et seq. (h) The commissioner shall be authorized to apply for and accept on behalf of the commonwealth federal, local or private grants, bequests, gifts or contributions. (i) The commissioner, subject to chapter 30A, shall adopt rules and regulations necessary to carry out this chapter and chapter 119. (j) The commissioner shall include in the budget estimates of the department funds for the development and implementation of the aforementioned management information system, monitoring and evaluation system, annual needs assessment, and staff training plan. (k) The commissioner shall, subject to appropriation, enter into contracts with nonprofit organizations to provide services for families and individuals in emergency and transitional housing; provided, that the department, in entering into such contracts, shall provide $3 for each dollar of donated funds which have been committed to such nonprofit organizations from any non-state source. For the purposes of this subsection, a non-state source may include private donations or monies from city, town or county governments but shall not include funds from other state agencies. (l) Prior to undertaking any activity or implementing any policy which would affect expenditures for medical assistance under chapter 118E including, but not limited to, identifying individuals eligible for such assistance under said chapter 118E, the commissioner shall assure that such activity or policy is reviewed by the director of Medicaid. [Subsection (m) added by 2008, 176, Sec. 32. See also, subsection (m) added by 2008, 321, Sec. 7, below.] (m) Not more than 3 per cent of the department's annual budget shall be appropriated in a separate account and expended for the purposes of subsections (b), (c) and (d). [Subsection (m) added by 2008, 321, Sec. 7. See also, subsection (m) added by 2008, 176, Sec. 32, above.] (m) The commissioner shall consult with the commissioner of mental health prior to taking any action substantially affecting the design and implementation of behavioral health services for children under guidelines established by the secretary of health and human services under section 16S of chapter 6A. (n) Upon receipt of a completed review of multiple 51A reports required under subsection (r) of section 51B of chapter 119, the commissioner shall immediately notify: (i) the district attorney for the county in which the child resides and for the county in which the event giving rise to a report occurred, (ii) local law enforcement authorities in the city or town in which the child resides and in the city or town in which the event giving rise to a report occurred, and (iii) the office of the child advocate. (o) The commissioner shall require social workers employed by the department to obtain a license as a social worker pursuant to section 131 of chapter 112 within the first 9 months of employment. The commissioner shall require social workers employed by the department to participate in not less than 30 hours per year of paid professional development training; provided, however, that such training shall be consistent with applicable collective bargaining agreements. The commissioner may grant a social worker employed by the department a 1–time 6–month hardship waiver from the licensing requirement under this section to ensure access for underserved populations.

M.G.L. c. 18B, § 8 Deputy commissioner; appointment; qualifications; duties; salary

c. 18B, § 8. Deputy commissioner; appointment; qualifications; duties; salary Section 8. The commissioner shall appoint and may remove a deputy commissioner. The position of deputy commissioner shall be classified under section 45 of chapter 30 and the salary shall be determined under section 46C of said chapter 30. The deputy commissioner shall have the same qualifications in training and experience as required by the commissioner. The deputy commissioner shall perform such duties as the commissioner may determine and shall, in the case of a vacancy in the office of the commissioner, or during the commissioner's absence or disability, exercise the powers and perform the duties of the office of commissioner. Said deputy commissioner shall devote full time to the duties of the office.

M.G.L. c. 18B, § 9 Assistant commissioners; appointment; qualifications; salary

c. 18B, § 9. Assistant commissioners; appointment; qualifications; salary Section 9. The commissioner may appoint and remove such assistant commissioners as the commissioner shall from time to time determine, not to exceed four in number, who shall be assigned to areas of responsibility to be specified by the commissioner. Each assistant commissioner shall be qualified by training and experience to perform the duties of the office and shall at the time of appointment have received a masters or higher degree and shall have had professional experience of not less than five years as an administrator in a field related to human services or said assistant commissioner shall have had professional experience in a field related to human services for a period of years equivalent to the number of years required to obtain a master's degree, and shall have had, in addition thereto, professional experience of not less than five years as an administrator in a field related to human services. The position of assistant commissioner shall be classified under section 45 of chapter 30 and the salary shall be determined under section 46C of said chapter 30. Assistant commissioners shall devote full time to the duties of the office.

M.G.L. c. 18B, § 10 Legal counsel; staff personnel

c. 18B, § 10. Legal counsel; staff personnel Section 10. The commissioner may appoint a member of the Massachusetts bar a legal counsel who shall be placed in grade 30 of the classification and pay scale of the commonwealth. Said legal counsel shall devote full time to the duties of the office. The commissioner may also, subject to appropriation, appoint such other personnel as may be deemed necessary for the efficient management of the office.

M.G.L. c. 18B, § 11 Regional offices; directors

c. 18B, § 11. Regional offices; directors Section 11. The commissioner may, subject to appropriation, establish regional offices at such locations in the commonwealth as may be deemed necessary to ensure the development and maintenance of effective administration in the provision of social services therein. The commissioner may, subject to appropriation, appoint regional social services directors to administer the regional offices and perform such duties as may be assigned by the commissioner.

M.G.L. c. 18B, § 12 Area directors; appointment; qualifications; duties; plans; budgets; social worker qualifications

c. 18B, § 12. Area directors; appointment; qualifications; duties; plans; budgets; social worker qualifications Section 12. The commissioner, with the advice of the area board, shall appoint an area director in each area, and, subject to appropriation, such other employees as the commissioner may deem necessary. Each area director shall be qualified by training and experience to perform the duties of the office and shall at the time of appointment have received a masters or higher degree in a field related to human service and shall have had not less than five years of professional administrative experience in the delivery of human services or a related field or said area director shall have had experience in a field related to human services for a period of years required to obtain a master's degree, and shall have had, in addition thereto, not less than five years of professional administrative experience in the delivery of human services or a related field. The area director shall be placed in grade 29 of the classification and pay schedule of the commonwealth, and shall devote full time to the duties of the office. The area director shall perform such duties as are described in this chapter and such other duties as may be assigned by the commissioner. The area director shall, in consultation with the area board, prepare and submit to the commissioner an annual plan for the operation and development of its program. Such plan shall provide, as far as practicable, a comprehensive area program in social services as required by departmental standards. The area director shall also prepare and submit to the commissioner the proposed annual budget for the area for programs to be supported at the area level. The commissioner shall make such revisions as shall be necessary and shall include said area budgets as part of the departmental budget requests submitted annually under sections 27 and 28 of chapter 29. A copy of the area budget as included with said departmental requests shall be forwarded by the commissioner to each area director for the information of the area board. The area director, subject to the overall supervision of the commissioner, shall supervise all employees within the area and shall be responsible for the administration of the area budget and the implementation of the area plan. A social worker shall have a bachelor's degree at the time of appointment. A supervisory social worker shall have a master's degree in social work or a related field at the time of appointment.

M.G.L. c. 18B, § 13 Area boards; members; appointment; terms

c. 18B, § 13. Area boards; members; appointment; terms Section 13. In each area established under section 3, there shall be a children and families area board, in this chapter called the area board, which shall be an agency of the commonwealth and shall serve in the department. The area board shall consist of 23 members, who shall be appointed by the commissioner for terms of 3 years. No member shall be an employee of the department. Two-thirds of the members shall be persons other than employees of the commonwealth or its political subdivisions. The commissioner shall seek to provide proper geographical representation in the membership of the board. Two-thirds of the members shall live within the area for which they are appointed, and the remaining members shall either live or work in the area. At least 1 member from each city and, if practicable, each town in the area shall be included. At least 6 members shall be consumers of services provided by the department. Not more than 2 members shall be selected from nominations submitted by the president of the collective bargaining unit representing the social workers who work for the department in the area. Not more than 2 members shall be selected from private providers within the area. One member at the time of appointment shall be a member of the community mental health area board established under section 14 of chapter 19, 1 member at the time of appointment shall be a person knowledgeable in the field of intellectual disabilities, 2 members at the time of their appointment shall be members of the financial or business professions with special fiscal or budgetary skills, and 2 members shall at the time of their appointment be members of the community service area boards established under section 7 of chapter 18. Upon the expiration of the term of any member, his successor shall be appointed, in like manner, for a term of 3 years. In the event of a vacancy, the commissioner may, in like manner, appoint a member who shall serve for the remainder of the unexpired term. Members shall serve without compensation and shall be sworn to the faithful performance of their duties. The area board shall suggest for consideration by the commissioner 1 or more names for each such expiring term or vacancy. No member shall be appointed for more than 3 consecutive 3–year terms.

M.G.L. c. 18B, § 14 Area boards; selection committee; lists of prospective members; approval; appointment

c. 18B, § 14. Area boards; selection committee; lists of prospective members; approval; appointment Section 14. To facilitate the appointment of the members of the area board, the commissioner shall appoint in each area a selection committee of seven members, who shall be residents of or workers in the area, and who shall be interested in and knowledgeable about social services. No employees of the department shall be on said selection committee. The selection committee shall file a list of not more than fifty names, selected in accordance with the provisions of section 13, with the commissioner. If said committee fails to file such list within thirty days of its appointment, the commissioner shall within thirty days appoint the members of the area board, subject to the provisions of section 13. If said list is so filed, the commissioner shall approve and appoint from said list twenty-one persons as members of the area board. If the commissioner disapproves of any name on said list, another person or persons not on said list may be appointed to the area board, subject to the provisions of section 13.

M.G.L. c. 18B, § 15 Area boards; powers and duties

c. 18B, § 15. Area boards; powers and duties Section 15. The area board shall have the following duties and powers: (a) to act as the representative of the citizens of the area; (b) to advise regarding local needs and resources in the development of comprehensive social services for children and families; (c) to advise in the recruitment and selection of the area director and assistant area director to be appointed by the commissioner; provided that the commissioner may designate a person to act as area director for a period not to exceed three months in any case in which such office shall be vacant, and (d) to review and approve the annual area plan and to make recommendations concerning the annual budget for the comprehensive social services for children and families of the area; (e) to review arrangements and contracts for programs and services which are a part of the program of the area; (f) to consult with the commissioner and area director in personnel recruitment and appointment policies within the area, in the establishment of program priorities for the area, and in policies regarding relationships with other agencies and organizations; (g) to receive funds under contracts or other agreements from community sources, including municipalities, as authorized for the rendering of services in collaboration with such municipal or other community or private agencies providing cooperative or complementary services; (h) to discuss any matters concerning the area program; (i) to hold at least four regular meetings in each year and to convene special meetings on the call of the president, or ten members of the board, or the area director. The area director shall be notified of, and may participate in, all meetings, but shall not vote; (j) to select from their members annually a president and such other officers as they may deem appropriate. The area board shall adopt rules for their proper organization and for procedures at meetings. Such rules and any subsequent amendments thereto shall be submitted to the commissioner for approval.

M.G.L. c. 18B, § 16 Statewide advisory council

c. 18B, § 16. Statewide advisory council Section 16. There shall be a statewide advisory council which shall consist of one member from each area board, elected by the members thereof, to serve for a term of one year. Said council shall advise the commissioner in matters of statewide interest relating to the delivery of social services for children and families. At least one such member shall be a member from the financial or business professions with special fiscal or budgetary skill. The council shall work to facilitate the medical evaluation process and recruitment of physicians, dentists and mental health professionals to medically screen and evaluate children newly admitted to foster care. To accomplish this goal the council shall consult with pediatricians, family practice physicians or a nurse practitioners, dentists, psychiatrists, psychologists or licensed independent clinical social worker therapists, the family and probate court, the juvenile court, and the Massachusetts medical assistance program. The council shall report annually on or before December 31 to the commissioner any recommended changes to the department's regulations or policies that would facilitate the medical evaluation process and recruitment of necessary personnel.

M.G.L. c. 18B, § 17 Centers for children and families

c. 18B, § 17. Centers for children and families Section 17. The department may establish centers for children and families in any facility owned or rented by the commonwealth other than state schools, hospitals or prisons, in any area if space is available or suitable for the purpose and shall, if feasible, locate these centers in a facility utilized by an agency of the commonwealth providing human services. If suitable space is not available, the department may acquire adequate space for such centers by renting, leasing or other available means. Each area shall be responsible for the delivery of services within its area. The centers shall be of sufficient number and so located as to be readily accessible to the people throughout the commonwealth.

M.G.L. c. 18B, § 18 Trust funds; investment deposits; expenditures

c. 18B, § 18. Trust funds; investment deposits; expenditures Section 18. The commissioner may receive funds in trust for the use of children born out of wedlock or other persons under the care or supervision of the department. The commissioner shall deposit such funds in savings banks in the commonwealth or in savings accounts in trust companies or national banks therein, or in paid-up shares and accounts of and in co-operative banks, or may use said funds to purchase share accounts of federal savings and loan associations located in the commonwealth and, when necessary, make expenditures from said funds for the benefit of or on behalf of the ward. All such funds received by the commissioner under this section shall be deposited in interest bearing accounts.

M.G.L. c. 18B, § 19 Unclaimed money of former wards; annual pay over to state treasurer; disposition

c. 18B, § 19. Unclaimed money of former wards; annual pay over to state treasurer; disposition Section 19. Annually on or before November thirtieth, the commissioner shall pay to the state treasurer all unclaimed money held by the department for the benefit of any former ward of the department whose whereabouts is then unknown and has been unknown for seven years subsequent to his coming of age. At the time of so paying over any such money, the commissioner shall certify to the comptroller the amount of such money then held for the benefit of each former ward, his full name, age, if known, and last known address, the names of his parents, if known, and such further information as the commissioner deems relevant; and said comptroller shall make and keep a record thereof. The state treasurer may receive from the commissioner the unclaimed money paid over under this section and shall hold it as a separate fund. Upon certificate of the comptroller that a claim thereto satisfactory to him shall have been established and approved in writing by the attorney general, the state treasurer shall pay to any former ward, or to his guardian or conservator in case of his mental or other legal disability, or to his legal representatives in case of his death, the amount of money held for his benefit and paid over to the state treasurer under this section, without any accumulations accruing thereto after such payment, out of the principal of the fund in which the money so claimed was held as aforesaid. The said funds, if in cash, shall be invested safely by the state treasurer, or, if in securities he may hold them in their original form or, upon the approval of the governor sell them and reinvest the proceeds in securities which are legal investments for the commonwealth sinking funds. He shall be held responsible for the faithful management of said trust funds in the same manner as for other funds held by him in his official capacity.

M.G.L. c. 18B, § 20 Funds; advancement and disbursement; reports

c. 18B, § 20. Funds; advancement and disbursement; reports Section 20. Notwithstanding section 22 of chapter 29 or any other law, funds made available by appropriation or otherwise for enabling the department to carry out the provisions of this chapter may be advanced to the department in such sums and subject to such rules and regulations as the comptroller may determine. The department shall make a monthly report to the comptroller of the amount of funds disbursed by the department subsequent to the previous monthly report and shall certify to the comptroller that such disbursements are substantiated by detailed records and vouchers retained in the custody of the department.

M.G.L. c. 18B, § 21 Adoption subsidy program

c. 18B, § 21. Adoption subsidy program Section 21. The department shall establish an adoption subsidy program for the purpose of facilitating the adoption of children with special needs who are in substitute care and who would not otherwise be placed in an appropriate adoptive home or be adopted. The department acting under such program shall take into consideration the circumstances of the adopting parents and the needs of the child being adopted and the department shall determine the amount to be paid by the department to the adoptive parents. The department shall promulgate regulations to implement the provisions of this section.

M.G.L. c. 18B, § 22 Adoption and medical assistance for interstate children; interstate compacts

c. 18B, § 22. Adoption and medical assistance for interstate children; interstate compacts Section 22. As used in this section, unless the context clearly requires otherwise, the following terms shall have the following meanings: ''Adoption assistance state'', the state that is a signatory to an adoption assistance agreement in a particular case. ''State'', a state of the United States, the District of Columbia, the commonwealth of Puerto Rico, the Virgin Islands, Guam, the commonwealth of the Northern Mariana Islands or a territory or possession of or administered by the United States. ''Residence state'', the state in which the child is a resident by virtue of the residence of the adoptive parents. The department, with the concurrence of the department of transitional assistance may develop, participate in the development of, negotiate and enter into one or more interstate compacts on behalf of the commonwealth with other states to implement one or more of the following purposes: for the protection of children on behalf of whom adoption assistance is being provided by the department; and to provide procedures for adoption assistance payments and medical payments for interstate children. When so entered into, and for so long as it shall remain in force, such a compact shall have the force and effect of law. A compact entered into pursuant to the provisions of this section shall have: a provision making it available for joinder by all states; a provision for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of such notice and the effective date of such withdrawal; a requirement that the protection afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who, on the effective date of the withdrawal, are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode; a requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement, in writing, between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance and that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and such other provisions as may be appropriate to implement the proper administration of the compact. A child with special needs who is a resident of the commonwealth and who is the subject of an adoption assistance agreement with another state, shall be entitled to receive a medical assistance identification from the commonwealth, upon the filing, in the department of transitional assistance, of a certified copy of the adoption assistance agreement obtained from the adoption assignment state. In accordance with regulations of the department, the adoptive parents shall be required, at least annually, to show that the agreement is still in force or has been renewed. The department of transitional assistance shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of the commonwealth and shall process and make payment on claims on account of that holder in the same manner and pursuant to the same conditions and procedures as set forth for other recipients of medical assistance. Whoever submits any claim for payment or reimbursement for services or benefits, pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be guilty of perjury and subject to criminal and civil liability under the laws of the commonwealth. The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with the commonwealth under which such other state provides medical assistance to children with special needs under adoption assistance agreements made in the commonwealth. All other children entitled to medical assistance, pursuant to adoption assistance agreements entered into by the commonwealth shall be eligible to receive such medical assistance in accordance with the laws and procedures relative thereto. Consistent with federal law, the department, pursuant to the provisions of this section, and any compact entered into hereunder, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public Law 96–272, Titles IV–E and XIX of the United States Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. Said department shall apply for and administer all relevant federal aid, in accordance with law.

M.G.L. c. 18B, § 23 Residential care of children; annual report

c. 18B, § 23. Residential care of children; annual report [Text of section added by 2008, 176, Sec. 45. See also, Section 23 added by 2008, 321, Sec. 8, below.] Section 23. The commissioner shall report annually on September 1 on the number of children placed in residential care by region and the cost of care and treatment provided to those children. The information reported for each region shall include, but not be limited to: (i) the age and gender of the children; (ii) the reasons for placement; (iii) the intensity, frequency and type of services provided to each child; (iv) the length of each placement; and (v) the disposition of the child's case at the end of the residential placement, including whether the child was returned to the child's family or placed in other care within the community. The report shall also include the cost of residential placement by region and any other information necessary for the evaluation of the operation of state-funded residential homes. The report shall be filed with the clerks of the senate and the house, the senate and house committees on ways and means, the joint committee on children, families and persons with disabilities, the office of the child advocate, and the governor. Chapter 18B: Section 23. Contact of parent or guardian for child receiving inpatient psychiatric services [Text of section added by 2008, 321, Sec. 8. See also, Section 23 added by 2008, 176, Sec. 45, above.] Section 23. If the department has care and custody of a child receiving inpatient psychiatric services, the department shall contact the child's parents or guardians, as appropriate, and a member of the child's treatment team within 3 business days of the hospitalization, shall maintain weekly contact with them until the child is discharged, and shall immediately begin discharge planning, with the priority of returning the child to his home or to a community placement. Not later than 5 business days after being notified that continued hospitalization is no longer clinically appropriate, the department shall determine the appropriate type of placement for the child and shall immediately initiate the placement referrals. The department shall document its activities in assisting with discharge placement, including identification of available resources for home-based, community or alternative residential placements, and the barriers, if any, to discharge to the most clinically-appropriate setting. If the initial placement shall not be deemed to be the most clinically-appropriate, the department shall continue to seek an appropriate placement. Not longer than 30 days after being notified that continued hospitalization is no longer clinically appropriate, the department shall refer the child to the interagency review team established pursuant to section 16R of chapter 6A. The department shall submit a monthly report to the secretary of health and human services detailing the activities undertaken pursuant to this section, including the length of time required to place each such child in a clinically appropriate post-discharge setting.

M.G.L. c. 18B, § 24 High-risk children; racial disproportion; procurement of services; children transitioning out of system; semi-annual report

c. 18B, § 24. High-risk children; racial disproportion; procurement of services; children transitioning out of system; semi-annual report Section 24. The commissioner shall report semi-annually on: (i) the status of high-risk children and the department's efforts to identify such children and address their needs for child protection; (ii) the status of racial disproportionality and disparity of the department's client population and its efforts, including the use of culturally competent staffing, resources and practices, to reduce overrepresentation of children of color in the child welfare system; (iii) the status of the department's procurement of services; and (iv) the status of children who, due to their age, are transitioning out of the child welfare system. The reports shall be filed with the clerks of the senate and the house, the senate and house committees on ways and means, the joint committee on children, families and persons with disabilities, the office of the child advocate, and the governor.

M.G.L. c. 18B, § 25 Multiple 51A reports; quarterly report

c. 18B, § 25. Multiple 51A reports; quarterly report Section 25. In addition to the immediate notification required under subsection (n) of section 7, the commissioner shall report quarterly on the total number of cases of multiple 51A reports reviewed by the department under subsection (r) of section 51B of chapter 119, the types of those cases, and their resolutions. The report shall be filed with the governor, the clerks of the senate and the house, the joint committee on children, families and persons with disabilities, and the child advocate.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter18BFetched: 10/20/2026