EEC PLACEMENT
REGULATIONS REVISION
UPDATE
June 14, 2011
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 the Placement
licensure which encompasses:
o Public and Private Foster Care Services
o Public and Private Adoption Services
Foster Care in the Commonwealth is
administered through both DCF and
private/contracted agencies
Adoption in the Commonwealth is also
administered through DCF and private agencies
but is inherently more complex
Complexity of Adoption
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Adoption requires balancing the rights and needs of:
o adopted children, adult adoptees, prospective
adoptive parents, adoptive parents, and all their
families
o the birthparents and their families
We recognize all of the above have important
requirements and perspectives, which may at times
differ.
While the adopted child’s best interests should be
paramount, other people’s rights and needs must
also be considered.
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.
Why Revise the Placement
Regulations?
Particularly for adoption, the regulations are
not all encompassing. The current regulations:
o Were written primarily for adoptions through
Department of Children and Families.
o 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, often requiring
cooperation of child welfare agencies and
judicial systems in two or more states. Many
Massachusetts agencies work with out-of-state
agencies.
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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.
 With the Hague Convention Treaty, which
the United States signed in 1994, and which
the Convention entered into force for the
United States 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 Placement
Regulations
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Provider input
Utilization of consultants
Statewide meetings
Surveys
Advisory Group meetings
Overview of the Significant
Revisions to Placement Regulations
5.06 Services to Children
Unless it is documented in the child’s referral or in the
relevant application, the Intake process shall gather
the complete history of the child in the following areas:
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Child Development
Social Involvement
Educational Progress
Medical Health
Mental Health
The licensee must also document the child’s placement
history, including whether or not the child has ever
been adopted.
5.09 Services to Parents Considering Adoption Placement
The person providing required counseling to parents
considering adoption placement must meet the following
requirements:
 Have an advanced degree in social work,
psychology or a closely related field
 Have two years of experience in child
placement, including issues of grief and loss
 Must not be concurrently assigned
responsibility for services to the prospective
adoptive parents of the child for whom
placement is being considered. Although this is
considered a significant change, it is best
practice.
5.09(3) Parent/Expectant Parent Counseling
Adoption Agencies have the responsibility to support and
counsel Parent(s)/Expectant Parent(s) in making informed
decisions. Areas to review and explore include:
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Motivation for adoption
Alternatives to adoption
Responsibilities associated with parenting and resources
available
Prenatal and post-partum health care for pregnant parents
Prevention of unwanted pregnancies and related issues
Development of self-sufficiency
Implications of placing a child up for adoption
Planning for participation in the adoption process
The changing roles and relationships of the birth parents
Counseling and support for the termination of parental rights,
grief, separation, loss, and lifelong implications
Education on search and reunion issues
Planning for immediate future
5.09 Information Prior to Surrender.
Required information that is to be provided to
parents/expectant parents cannot be done prior to the
second trimester of pregnancy and the completion of
the Intake and the development of the service plan.
This information includes:
 A description of the identified adoptive parent(s)
with first names and ages
 All adoptive parent(s)’ medical and mental health
history information available
 Information on adoptive parent(s)’ race and
national origin
 Members of adoptive parent(s)’ household and
extended family
5.10 Services to Foster and Adoptive Parents
5.10(6) Adoptive Parent Preparation. Prior to placement, the
licensee must provide adoptive parent applicants a minimum
of 10 hours of education that includes:
 Risk and protective factors shaping adoptive children’s
adjustments
 Methods to meet adoptive children’s health and
developmental needs
 Child development and parenting techniques
 Differences between parenting adopted children and
parenting children born into the family
 Addressing identity issues
 The impact of adoption on child development and family
adjustment throughout the life cycle
 Formal and informal community resources for postadoption education, support and therapeutic intervention
 The importance of notifying the agency in the event of
dissolution or disruption of the adoption
5.10(6) Evaluation of Applicants.
Home studies must include the following:
 Three in-person interviews with the applicants including
two meetings in the applicants’ home
 Documentation of the applicants’ previous foster or
adoption experience
 Physical and mental health histories of the applicant(s)
 The applicants’ attitudes toward parenting a child of
different racial, ethnic or cultural background, a child with a
history/family history of substance abuse, mental health or
medical disabilities, behavioral or emotional problems or a
child of a different sexual orientation than the applicants
 Resources available to support the applicants in the above
5.09 Expectant Parent Flat Fee
Prospective adoptive parents may be charged for an
expectant parent’s living, support and transportation fees
only in accordance with the agency’s established fee for
expectant parent expenses. Fees charged must be based
on the following (provided the costs are identified in the
required pre-placement agreement):
 The average cost incurred by the agency for these
areas during the previous two years
 Medical costs for the mother and child that are not
covered by third party payment
 Legal fees incurred related to the adoption
 Travel and lodging in connection with any interstate or
international adoption
POST-ADOPTION SERVICES (NEW)
Post-adoptive services provided by the licensee shall include:
 Education regarding the impact of adoption on children’s
development over the life cycle
 Support services to assist parents in their adjustment to
adoption and/or in integration of their adopted child into their
family
 Support services in developing a secure attachment with the
adopted child by means that include support groups, mentor
programs, organized social activities, retreats, and camps
 Information, referral and advocacy services
 Clinical services including:
• Clinical Evaluations
• Problem solving counseling
• Individual and family therapy and residential treatment
 Search, reunion, and mediation services to assist, facilitate,
and support adoptive and birth family members as they locate
each other, establish communication, and build positive
relationships
Proposed Regulation Promulgation Timeline
Tasks
Date
Vet Regulation Changes with
Providers/Stakeholders/Consultants;
Gather Feedback and Incorporate
Comments and Suggestions
Fall 2010 - Spring
2011
Board Reviews proposed Regulation
Changes; Committee Discussions
Dec 2010/June
2011
Board Vote to put Regulations out for
Public Comment
June 2011
Public Comment Period; Meetings with Sept – Nov 2011
Stakeholders/Providers/Advocates
Board Vote to Promulgate
Regulations; Roll out Implementation
Dec 2011/Jan
2012