EEC PLACEMENT REGULATIONS REVISION

December 2010

Residential and Placement Unit Organizational Chart

Commissioner Sherri Killins

Ed.D

Northeast Region Licensor

Michael Curran

Kelly Buckley, Residential and

Placement Supervisor

Dave McGrath, Deputy

Commissioner of Field Operations

Western Region Licensors

Christine BurnettDavid Micka

Central Region Licensors

Michael GinettiRichard Mucci

Tim Keane, Residential and

Placement Supervisor

Southeast Region Licensors

Miguel OrtegaKathy Perry

Metro Boston RegionLicensors

Kerry Murphy McCallKara Adams

Residential and Placement Licensing

The R&P Unit licenses programs that provide 24-hour care and services to the neediest and most at-risk children in the Commonwealth.

Today’s presentation will focus on Placement Licensing which encompasses: Public and Private Foster Care Services Public and Private Adoption Services

Foster Care in the Commonwealth is administered by both DCF and private/contracted agencies

Adoption in the Commonwealth is also administered by DCF and private agencies but is inherently more complex

Complexity of Adoption

Adoption requires balancing the rights and needs of:adopted children, adult adoptees,

prospective adoptive parents, adoptive parents, and all their families

birthparents and their families We recognize all of the above have

important interests and perspectives, which may at times differ.

While the adopted child’s best interests should be paramount, other people’s rights and needs must not be ignored.

Complexity (cont.)

Adoption involves social, psychological, clinical and legal processes that affect all the parties and their families throughout their lifetimes.

A careful and ethical approach to key aspects of the process minimizes the prospect for differing/conflicting interests.

Birthparents’ needs have not been previously addressed thoroughly in our regulations, policies and practices.

Why Revise the Placement Regulations?

While the Residential regulations were substantially revised in 2000, the Placement regulations have not been revised since 1998.

During the 1998 revision, no significant changes were made to the regulations, as the primary goal was to combine Foster Care and Adoption regulations into one set.

Why Revise the Placement Regulations (cont.) Particularly for adoption, the current

regulations are inadequate. The current regulations were written for the

ideal situation where all members of the adoption triad were residing within Massachusetts.

Today, accomplishing permanency is a more complicated process, requiring cooperation of child welfare agencies and judicial systems in two or more states. Many Massachusetts agencies work with out of state agencies and programs in foreign countries.

 

Why Revise the Placement Regulations (Cont.)

International Adoption, although covered by the current regulations, was a very small % of adoptions when the regulations were written. The different sending countries all have their own rules and requirements which Massachusetts agencies must follow.

Under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, signed by the United States in 1994 and enacted in April 2008, all agencies who work in international adoptions must be Hague certified and follow all of its requirements.

Revision Process for Foster Care Regulations

A sub-committee of foster care providers from across the state, as well as DCF staff, convened in early 2010 and have continued to meet.

A forum for all foster care providers was conducted on October 20th where proposed changes were shared and feedback was received.

To date, proposed changes to foster care regulations have been minimal compared to adoption.

EEC also conducted individual meetings with some of the larger foster care agencies and DCF staff to elicit comment and suggestions.

Revision Process for Adoption Regulations

In September of 2009 EEC convened an internal group and commenced the revision of the placement regulations. The group of licensing staff, a professional development staff person and assistant general counsel met once or twice a month.

On a quarterly basis the proposed changes were brought to the EEC Adoption Advisory Group for external comment and review.

EEC staff have attended APAM (Adoption Professionals’ Association of Massachusetts) meetings to solicit what changes they would like to see in the regulations.

In May 2010 a survey was sent out to all licensed adoption agencies seeking input around specific topics in the regulations and suggestions for additions.

A provider forum was held on October 13th in Worcester to solicit input.

Consultation and Research

EEC has recently entered into a consulting agreement with the Evan B. Donaldson Adoption Institute to review the draft regulations and provide feedback. The Evan B. Donaldson adoption institute, founded in 1996, is a national not-for-profit organization devoted to improving adoption policy and practice.

EEC has contracted with Hanover Research for data

collection on the number of temporary and permanent out-of-home placements. This data will inform regulatory changes regarding adoptive parent preparation and post-adoption services.

Summary of Proposed Changes to

Regulations Governing Foster Care

and Adoption Placement Agencies

5.02: Definitions: The addition of multiple new or revised definitions are needed to aid in the interpretation of the regulations.

5.03 Licensure:

5.03(2) Provisional License Previous requirements included the submission of up to 22 evidentiary, policy or procedural agency documents. The list has been expanded to include additional important documents.

5.03(3) Regular License

Programs seeking license renewals are required to submit three supportive agency documents.

In addition, in an attempt to assure that licenses are being issued by EEC for active use, regulations now state that EEC reserves the right to refuse to renew a license if the licensee has failed to provide placement services during the term of the previous license.

5.03(3)(a) A list of clients served within the most recent licensing period

5.03(3)(b) An annual evaluation for the most recent licensing period

5.03(3)(c) Copies of certifications or accreditations, if any5.03(5) An applicant may be ineligible for licensure if the

Department finds any of the following:(f) The applicant has failed to provide placement services.

5.04 Administration of the Placement Agency

• Statement of Purpose - This must now include a description of the means the agency will use to identify children for placement and to identify and/or recruit prospective adoptive and foster parents.

• Annual Self Evaluation• The number of children, expectant parents, foster parents and

adoptive parents served in the previous year.• The number of adoptive parent applicants provided financial

assistance.• A description of the assistance provided.• The number of complaints received.• A description of the resolution of the complaints.• The program’s self assessment of progress towards stated goals

and objectives.• The program’s recommendations for change in the subsequent

year.

5.04 Continued

Grievance Procedure 5.04(3)(g)• Grievance procedures for the program must provide a

provision that all complaints will be investigated.• Decisions regarding the complaint must be written and sent to

the complainant within 30 days.• Internal investigations inclusive of the results/decisions of the

investigation and/or appeal must be maintained.• Records must be maintained in the file of the involved child,

parent and/or family.

Regulations have been added and expanded to assure that grievances are appropriately recorded and thoroughly investigated.

5.04 Continued

Required NotificationsPrograms were previously required to notify EEC when there were “substantial” changes in the Program. Programs now must inform EEC of any changes in the licensee’s program or policy.

5.04(4) • Changes in countries of origin or referral sources for

placement of children.• Changes in the number of staff, chief administrative person

of the agency.• Change in the Director of Social Services (or comparable

position).• Change in the membership of the advisory board.

• Quarterly reports of all 51As filed on behalf of a child against agency staff.

• Complaints or grievances against the adoption agency or its staff.

5.04 Continued

The Program must take appropriate steps to assure that staff are qualified for the work they are doing and that staff receive adequate supervision to maintain necessary credentials.

5.04(5) Personnel• Job descriptions must include staff qualifications. • Staff must complete required orientation to the

Program.• Social workers must be assigned a supervisor and have

regular individual supervision sessions sufficient to maintain licensure.

• Supervision must be documented.

5.04(7) Designated Financial ResponsibilitiesNew regulations more clearly specify what adoptive parents can and cannot be charged for and when:• May not be charged for birth parent counseling• May not be charged for expectant parent expenses

before the beginning of the third trimester (must have a signed agreement prior to the third trimester)

• Must be given an estimate of all birthparent expenses including:

• Living expenses• Support services• Medical expenses• Transportation costs• Legal expenses

• Agency must document birthparent expenses and provide documentation to adoptive parents of expenses to be reimbursed

5.04 Continued

5.07(1) & (7) Service Planning Requirements

• A child’s initial service plan shall include reference to any needed behavior management services and to life skills.

• and to life skills.• Service plan reviews shall include references to any

medical or dental services provided.• Reconsideration of a child’s legal status and consideration

of adoption as an alternative to foster care may be completed by an agency having legal custody of the child.

5.09 Services to Birth ParentsRequired counseling to birth parents must now be provided by a person with an advanced degree in social work, psychology or related field. This person shall not be concurrently assigned responsibility for services to prospective adoptive parents. Additionally, regulations identify specific areas that must be part of the counseling process.

Topic areas include:• Planning for participation in the adoption

process• Counseling to cope with the termination of

parental rights, grief, separation, loss, and related implications

• Discussion of possible relationships• Education on search and reunion• Planning for future needs and services

5.09(3) Information Prior to SurrenderImportant information is required to be provided before adoption surrender but cannot be provided prior to the third trimester of pregnancy and the completion of the intake and development of the required service plan.

This information includes:• Any description of the adoptive parent(s)• The birthparents’ rights and procedures to update their

case file• The process which children and parents may use to

locate one another• The licensee’s policies on locating and making

connections with birth relatives• The licensee’s policies on birth parent issues related to

adoption disruptions

5.10 Services to Foster and Adoptive ParentsRegulations more clearly state that the licensee must have and provide copies when requested of their policies on the financial responsibilities of the foster or adoptive parents.

Information available must include:•The adoptive parent(s)’ responsibility for payment of birthparent expenses•The agency’s fee schedule•The agency’s policy for financial assistance to applicants•Any interagency agreements as applicable•Notice that the agency’s current year budget is available upon request

5.10(2)(g) Orientation

Adoptive parent information must now include the agency’s criteria and procedures used to identify an adoptive family for a particular child.

The proposed regulations will stipulate that the agency must provide parent preparation and education in the following areas

• Mental health issues associated with adoption• Normative parenting issues in adoptive family life• Developmental issues in adoption• Talking with children about adoption• Role of loss and grief in adoption• Identity issues in adoption• Role of the search process in adoption• Support services in adoption

5.10(4) Physical Requirements for foster and adoptive homes

The regulations include new additions to the physical requirements for foster and adoptive homes to be more reflective of state laws and more conscious of safety concerns.

New safety requirements:•Carbon monoxide detectors•Any firearm must be registered and licensed in accordance with state law, trigger locked and in locked storage without ammunition•Ammunition must be stored and locked separately•Home must have a working phone for both incoming and outgoing calls available when children are present•All pets must be appropriate for children, free from disease and parasites, licensed and vaccinated according to law

5.10(5)(e-i) Evaluation of ApplicantsNew regulations state that Home Study Reports/Assessments must be reviewed and approved by the supervisor of the social worker completing the assessment and will be valid for one year from the date of completion (18 months for international adoptions per the Hague Convention). After that time period limited assessments may be conducted which must include updated information.

Updated information/requirements must include the following:•New BRC for all household members•A visit to the adoptive parents’ home•In-person interview with adoptive parents to determine any changes to note•Current medical professional statement about the health of household members•A review of all information from the original home study to verify and confirm accuracy•A review of documents detailing changes in financial status•Applicants must be provided with a copy of any re-assessment

5.10(13)On-going Training

On going training for foster parents has been increased from 10 hours per year to 20 hours per year.

Post Adoption Services and Matching

• EEC is collaborating with the Evan B. Donaldson Adoption Institute to address these two important areas

Provider Panel and Feedback

Trends in Adoption Services Current and future issues in Adoption

Training Requirements in Foster Care Current and future issues in Foster Care