110 CMR, § 7.105A
The requirement set forth in 110 CMR 7.104(6) may be waived for an applicant for a child specific or kinship home as set forth in 110 CMR 7.108, provided the applicant otherwise meets the eligibility criteria set forth for child specific and kinship applicants and a determination is made that it would be in the child's best interest to be placed in the applicant's home.
In determining whether a waiver is in the child's best interest, the decision maker(s) shall consider the nature and length of the applicant's relationship with the child(ren), the applicant's ability to support and maintain the child's connection to family, community and culture and the child's anticipated length of stay in placement.
The decision whether to waive the requirement shall be made by a Regional Clinical Review Team (RCRT), or in an emergency placement situation, by the Regional Director who shall then arrange for a final decision by the RCRT after the comprehensive assessment under 110 CMR 7.107. Waiver decisions made in connection with an emergency placement may be changed as a result of information obtained or reassessed during the comprehensive assessment under 110 CMR 7.107. There shall be no appeal from a decision not to waive the requirement for an emergency placement.
110 CMR, § 7.105A