EEC PLACEMENT
REGULATIONS REVISION
December 2010
Residential and Placement Unit
Organizational Chart
Commissioner
Sherri Killins
Ed.D
Dave McGrath,
Deputy
Commissioner of
Field Operations
Kelly Buckley,
Residential and
Placement
Supervisor
Tim Keane,
Residential and
Placement
Supervisor
Western Region
Licensors
Central Region
Licensors
Northeast Region
Licensor
Southeast Region
Licensors
Metro Boston Region
Licensors
Christine Burnett
David Micka
Michael Ginetti
Richard Mucci
Michael Curran
Miguel Ortega
Kathy Perry
Kerry Murphy McCall
Kara Adams
Residential and Placement Licensing
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The R&P Unit licenses programs that provide 24hour 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
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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.)
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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?
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While the Residential regulations were
substantially revised in 2000, the
Placement regulations have not been
revised since 1998.
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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.
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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.
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Revision Process for Foster Care
Regulations
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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.
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A forum for all foster care providers was
conducted on October 20th where proposed
changes were shared and feedback was received.
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To date, proposed changes to foster care
regulations have been minimal compared to
adoption.
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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
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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
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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.
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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.
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Adoptee
Adoption Agency
Adoptive Parent
Adoptive Parent
Applicant
Child
Children with Special
Needs
Country of Origin/
Sending Country
Expectant Parents
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Group Care Program
Hague Convention on
International
Adoptions
Home Study
Internal Investigation
Placement Agency
Post Placement
Supervision
Teen Parent Program
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.
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Copies of contracts with referral •
sources
Evidence of revenue sources
Organizational table
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Policy and procedure for internal
investigations, resolving
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complaints and grievances,
reporting allegations of child
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abuse and neglect
Job descriptions and salary
ranges
Evidence of staff licenses
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and/or credentials
A plan for involving stakeholders
in the development of agency
policy
Procedures of format for home
studies
Copies of information routinely
provided to stakeholders
Forms used for intake
evaluations, service plans, face
sheets, placement agreements
and contracts
Agency plan for supervision of
children in foster homes
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 any
5.03(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
Regulations have been added and expanded to assure
that grievances are appropriately recorded and
thoroughly investigated.
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.
5.04 Continued
Required Notifications
Programs 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 Continued
5.04(7) Designated Financial Responsibilities
New 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
5.07(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 Parents
Required 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 Surrender
Important 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 Parents
Regulations 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 Applicants
New 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 reassessment
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
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Trends in Adoption Services
Current and future issues in Adoption
Training Requirements in Foster Care
Current and future issues in Foster Care