110 CMR, § 7.501

Current through Register 1536, December 6, 2024
Section 7.501 - Interstate Placement Definitions

As used in 110 CMR 7.500 through 7.523 only the following terms shall have the following meanings:

Appropriate Authorities as used in M.G.L. c. 119, Appendix §§ 2 - 1 Article I(b) and Article V(a), and "appropriate public authority" as used in Article III, mean the Compact Administrator for Massachusetts when the child is to be placed in Massachusetts.

Appropriate Officer or Agency as used in M.G.L. c. 119, Appendix, §§ 2 - 1 Article III(c) and §§ 2 through 6, means the Compact Administrator for Massachusetts when the child is to be placed from Massachusetts to another state.

Hospital means an institution for the acutely ill which discharges its patients when they are no longer acutely ill, which does not provide or hold itself out as providing child care in substitution for parental care or foster care, and in which a child is placed for the primary purpose of treating an acute medical problem. Outpatient care does not fall within this definition.

Institution means a residential setting where children are cared for on a 24-hour-a-day basis.

Institution Caring for the Mentally Ill or Mentally Defective means an institution which provides medical care and treatment, psychiatric care and treatment, corrective, and therapeutic or rehabilitative treatment, for mentally ill or mentally defective or retarded persons. Such an institution is not altered in its character as an institution for the mentally ill or mentally defective merely because it provides child care services to these patients as part of a comprehensive regime of treatment. Outpatient care does not fall within 110 CMR 7.501: Institution Caring for the Mentally Ill or Mentally Defective.

Institution Primarily Educational in Character means an institution which operates one or more programs that can be offered in satisfaction of compulsory school attendance laws, in which the primary purpose of accepting children is to meet their educational needs, and which:

(a) does not accept responsibility for children during the entire year; and
(b) does not provide or hold itself out as providing child care constituting foster care or similar nurture sufficient to substitute for parental supervision and control; and
(c) does not provide any other services to children, except for those customarily regarded as extra-curricular or co-curricular school activities, pupil support services, and those services necessary to make it possible for the children to be maintained on a residential basis in the aforementioned school program or programs.

Placement means the arrangement for the care of a child in a family or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, or any hospital or other medical facility.

Proper Authorities as used in M.G.L. c. 119, Appendix § 2 - 1 Article I(c) means the Compact Administrator for Massachusetts when the child is to be placed from Massachusetts to another state.

Receiving Agency means any state; an officer or employee of any state, or an officer or employee of any political subdivision of any state; a court of any state; any person, corporation, association, charitable agency or other entity which receives any child from another state.

Receiving State means the state to which a child is sent, brought or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

Sending Agency means any state; an officer or employee of any state, or an officer or employee of any political subdivision of any state; a court of any state; any person, corporation, association, charitable agency or other entity which sends, brings or causes to be sent or to be brought any child to another state.

Sending State means the state in which the sending agency is located or resides, or the state from which the sending agency sends the child.

Visit means a stay of less than 30 days to provide the child with a social or cultural experience of short duration, such as a stay in a camp or with a friend or relative who has not assumed legal responsibility for providing child care services. A stay of more than 30 days shall be considered a visit if it begins and ends within the period of a child's vacation from school. A visit may not extend beyond 30 days (or the duration of the school vacation period). A stay without an express or implied termination date is a placement and not a visit.

110 CMR, § 7.501