110 Mass. Reg. 4.14

Current through Register 1524, June 21, 2024
Section 4.14 - Voluntary Placement Agreements - Miscellaneous

In addition to the rights and duties enumerated in the standard form Voluntary Placement Agreement, the Department shall also exercise the following rights:

(1)Interviews of Children. The Department may receive requests from various sources to allow third parties to interview child(ren). Examples include: media, police officers, district attorneys, other social work professionals (however 110 CMR 4.14 does not apply to interviews of children conducted by social workers employed by the Department), etc.
(a)From a Police Officer or a Representative of the District Attorney's Office. The parent(s) retain the right to determine if their child will be available for an interview unless the child is a mature minor and consents on his/her own. If a child is a possible or known defendant in a criminal action, the Department, Department foster/pre-adoptive parents or other Department providers caring for children in the Department's care cannot consent to having the child interviewed irrespective of whether or not the child is considered by the Department to be mature. In this situation, the Department may go to court and request the appointment of a Guardian Ad Litem with authority to determine whether the child should/will consent to participate in any kind of police interrogation.
(b)All Other Requests. The Department, upon receipt of such requests, will make all reasonable efforts to consult with the parent(s) by telephone. If contact with the parent(s) is made, the Department will honor the parent(s) wishes. If the Department is unable to contact the parent(s), the Department shall 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 any public school, private school, group care facility, day care facility, residential placement, or other such facility, the facility may request or require a variety of consent forms to be signed. Examples include: sports participation forms, field trip forms, driving forms, etc. The Department (including departmental foster parents) will exercise its clinical judgment to determine whether or not it is in the child's best interests to have the form signed, and the Department (including departmental foster parents) will consent or deny on that basis.
(3)Permits, Licenses. The child may wish to obtain various permits or licenses. Examples include: hunting and fishing permits, driver's licenses, motorcycle licenses, etc. Such permit(s) or license(s) may require parental consent or signature. If this occurs, the Department will make all reasonable efforts to consult with the parent(s) by telephone. If contact with the parent(s) is made, the Department will honor the parent's wishes. If the Department is unable to contact the parent(s), the Department will exercise its clinical judgment to determine whether or not 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)Permission to Marry. The Department (including departmental foster parents) will not consent to the marriage of any minor child in its care pursuant to a Voluntary Placement Agreement.
(5)Enlistments to Military. Upon receipt of a request from a child to enlist into military services, the Department will make all reasonable efforts to contact the parent(s). If contact with the parent(s) is made, the Department will honor the parent(s) wishes. If the Department is unable to contact the parent(s), the Department will exercise its clinical judgment to determine whether or not it is in the child's best interests to enlist, and the Department will consent or deny on that basis.
(6)For all Issues Relative to Medical Authorizations. See 110 CMR 11.00.
(7)Religion. The Department (including departmental foster parents) will not procure or authorize any baptism or other religious ceremony for any minor child in its care pursuant to a Voluntary Placement Agreement.

110 CMR 4.14