Section 4.40 - Department Decision-making Authority for Children in Custody Pursuant to a Court OrderThe Department shall exercise the following rights and duties as to any child in the court-ordered custody of the Department, in addition to the rights and duties enumerated in M.G.L. c. 119, § 21 pertaining to the definition of "custody":
(1)Interview of Children. The Department's authority to allow an interview with a child in the Department's custody, pursuant to a court order, is limited under 110 CMR 4.40(1)(a) and (b). Interviews of a child conducted by social workers employed by the Department are not included in this subpart.(a)All Law Enforcement Officials. The Department, foster or pre-adoptive parent(s) or other Department providers caring for the child(ren) in the Department's custody may not consent to having a child interviewed by a police officer or representative of the District Attorney's Office if the child is a possible or known defendant in a criminal action. The Department may go to court and request the appointment of a Guardian Ad Litem with authority to determine whether the child should or will consent to participation in any kind of law enforcement interview or interrogation.(b)All Other Requests. The Department, upon receipt of any other interview request, shall make all reasonable efforts to consult with the parent(s). 1. If contact with the parent(s) is made, the Department shall honor the parent's(s') wishes, unless the Department determines that the parent's(s') wishes are contrary to the best interests of the child.2. If the Department is unable to contact the parent(s), the Department may not consent to such interviews, unless there are special circumstances under which the interview would further the best interests of the child, in which case the Department may consent.(2)School Permissions. If the child is enrolled in a public school, private school, group care facility, childcare facility, residential placement, or other such facility, the facility may request or require the execution of a consent form for a variety of activities, including sports participation, field trips, and driving forms. The Department, foster parent(s) may exercise their judgment to determine whether it is in the child's best interests to sign the form, and may consent or deny on that basis.(3)Permits, Licenses. The child may wish to obtain various permits or licenses, including hunting and fishing permits, driver's and motorcycle licenses. If a permit or license requires parental consent, the Department shall exercise its clinical judgment to determine whether it is in the child's best interests to obtain such permit or license, and the Department will consent or deny on that basis.(4)For All Issues Related to Medical Authorizations. All requests for consent related to medical authorizations will be addressed pursuant to 110 CMR 11.00: Medical Authorizations.(5)Religion. The Department, including foster parents, may not procure or authorize any religious ceremony for any minor child in its custody, absent authorization from the child's parent(s) or order of the court.Amended by Mass Register Issue 1486, eff. 1/6/2023.