Section 4.07 - Department Decision-making Authority for Children in Substitute Care Pursuant to a Voluntary Placement AgreementIn addition to the rights and duties enumerated in the standard form Voluntary Placement Agreement, the Department shall also exercise the following rights and duties as to any child in substitute care pursuant to a Voluntary Placement Agreement.
(1)Interviews of Children. The Department's authority to allow a child in Department care pursuant to a Voluntary Placement Agreement to be interviewed is limited as follows in 110 CMR 4.07(1)(a) and (b). Interviews of a child conducted by social workers employed by the Department are exempt from this provision.(a)All Law Enforcement Officials. The Department, Department foster or pre-adoptive parent(s) or other Department Providers caring for the child may not consent to having a child interviewed by a police officer or representative of the District Attorney's Office. The parent(s) retain the right to determine if their minor child will be available for an interview by a police officer or a representative of the District Attorney's Office.(b) All Other Interview 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 parent(s) is made, the Department shall honor the parent's(s') wishes.2. If the Department is unable to contact the parent(s), the Department may not consent an interview of the child, 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 sport participation, field trips and driving forms. The Department, including foster parent(s), may exercise judgment to determine whether it is in the child's best interests to sign the form, and may consent or deny permission on that basis.(3)Permits, Licenses. The child may wish to obtain various permits or licenses, including hunting and fishing permits, or driver's and motorcycle licenses. If a permit or license requires parental consent, the Department shall make all reasonable efforts to consult with the parent(s). (a) If contact with parent(s) is made, the Department shall honor the parent's(s') wishes; or(b) If the Department is unable to contact the parent(s), 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 will consent or deny on that basis.(4)Enlistments to Military. Upon receipt of a request from a child to enlist into military services, the Department shall make all reasonable efforts to contact the parent(s).(a) If contact with the parent(s) is made, the Department will honor the parent's(s') wishes; or(b) If the Department is unable to contact the parent(s), the Department shall exercise its clinical judgment to determine whether it is in the child's best interests to enlist in the military, and will consent or deny on that basis.(5)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.(6)Religion. The Department, including foster parent(s), may not procure or authorize any religious ceremony for any minor child in its care pursuant to a Voluntary Placement Agreement.Amended by Mass Register Issue 1486, eff. 1/6/2023.