Section 4.08B - Fees for Nonvoluntary Substitute Care Services(1) The Department will assess a fee when nonvoluntary substitute care services are provided to a child. The fee will include a portion based on the family's income and a portion based on an amount equal to 75% of the child's Supplemental Security Income (SSI) benefit, 75% of the child's Title II benefits, and/or 75% of the child's adoption or guardianship subsidy, if the child receives SSI benefits, Title II benefits, an adoption subsidy or a guardianship subsidy. Guardians will not be subject to the income portion of the sliding fee. The fee for services will never exceed the actual cost of services. No fee will be charged to any family whose income is at or below 150% of the federal poverty level as revised annually and published by the United States Department of Health and Human Services in the Federal Register. When determining whether a family's income falls at or below 150% of the federal poverty level, the federal poverty levels for each size family will be used.
The fee for nonvoluntary substitute care services will be calculated as follows:
(a) The Department will determine the family's gross income. Supplemental Security Income (SSI), Tide II benefits, an adoption subsidy, or a guardianship subsidy for a child will not be included in calculating gross income.(b) If the family's gross income is at or below 150% of the federal poverty level for that size family unit, none of the fees listed in 110 CMR 4.08B will be charged.(c) If the family's income is above 150% of the federal poverty level, the family will be charged as a portion of the fee, a specified amount based upon their income as set forth in a sliding fee scale established by the Department. Guardians will not be subject to the income portion of the sliding fee.(d) If the family's income is above 150% of the federal poverty level, and the child in placement receives SSI benefits, Title 11 benefits, an adoption subsidy, or a guardianship subsidy and the parent is the representative payee of such benefits, the fee will also include an amount equal to 75% of the child's 551 benefit, 75% of the child's Tide II benefits, and/or 75% of the child's adoption or guardianship subsidy. An amount equal to the remaining 25% will be retained by the parent or representative payee.(2) If a family fails to pay the assessed fee for nonvoluntary substitute care, the family shall receive a warning letter. If a family receives a warning letter for three consecutive months, the family may receive a notice of termination and the Department may refer the case for debt collection.(3) The provisions of 110 CMR 4.08A(2) through 4.08A(5) and 4.08A(7) apply equally to 110 CMR 4.08B.