110 CMR, § 11.02
In the Custody of the Department: means a child placed in the Department's custody through court order or through adoption surrender. For purposes of 110 CMR 11.00 only, this phrase shall also include the period occasioned by an emergency removal pursuant to M.G.L. c. 119, § 51B between removal and appearance in Court on the next available court date.
In the Care of the Department means a child receiving services from the Department pursuant to a Voluntary Placement Agreement. For purposes of 110 CMR 11.00 only, this phrase shall also include the involvement of the Department after the issuance of a mittimus which commits a child to the custody of the Department, pursuant to a Child Requiring Assistance (CRA) proceeding. Although the Department has custody of CRA children and therefore has the power to determine the child's medical care, for purposes of 110 CMR 11.00, the Department shall be deemed to have delegated back to the parents the power to determine the child's extraordinary medical care.
110 CMR, § 11.02