EEC PLACEMENT REGULATIONS REVISION UPDATE June 14, 2011

Residential and Placement Licensing The R&P Unit licenses programs that provide 24- hour care and services to the neediest and most at-risk children in the Commonwealth. Today’s presentation will focus on the Placement licensure which encompasses: o Public and Private Foster Care Services o Public and Private Adoption Services Foster Care in the Commonwealth is administered through both DCF and private/contracted agencies Adoption in the Commonwealth is also administered through DCF and private agencies but is inherently more complex

Complexity of Adoption Adoption requires balancing the rights and needs of: o adopted children, adult adoptees, prospective adoptive parents, adoptive parents, and all their families o the birthparents and their families We recognize all of the above have important requirements and perspectives, which may at times differ. While the adopted child’s best interests should be paramount, other people’s rights and needs must also be considered. Adoption involves social, psychological, clinical, and legal processes that affect all the parties and their families throughout their lifetimes. A careful and ethical approach to key aspects of the process minimizes the prospect for differing/conflicting interests.

Why Revise the Placement Regulations? Particularly for adoption, the regulations are not all encompassing. The current regulations: o Were written primarily for adoptions through Department of Children and Families. o Were written for the ideal situation where all members of the adoption triad were residing within Massachusetts. Today, accomplishing permanency is a more complicated process, often requiring cooperation of child welfare agencies and judicial systems in two or more states. Many Massachusetts agencies work with out-of-state agencies.

Why Revise the Placement Regulations (cont.) International Adoption, although covered by the current regulations, was a very small % of adoptions when the regulations were written. The different sending countries all have their own rules and requirements which Massachusetts agencies must follow. With the Hague Convention Treaty, which the United States signed in 1994, and which the Convention entered into force for the United States in April 2008, all agencies who work in international adoptions must be Hague certified and follow all of its requirements.

Revision Process for Placement Regulations Provider input Utilization of consultants Statewide meetings Surveys Advisory Group meetings

Overview of the Significant Revisions to Placement Regulations

5.06 Services to Children Unless it is documented in the child’s referral or in the relevant application, the Intake process shall gather the complete history of the child in the following areas: Child Development Social Involvement Educational Progress Medical Health Mental Health The licensee must also document the child’s placement history, including whether or not the child has ever been adopted.

5.09 Services to Parents Considering Adoption Placement The person providing required counseling to parents considering adoption placement must meet the following requirements: Have an advanced degree in social work, psychology or a closely related field Have two years of experience in child placement, including issues of grief and loss Must not be concurrently assigned responsibility for services to the prospective adoptive parents of the child for whom placement is being considered. Although this is considered a significant change, it is best practice.

5.09(3) Parent/Expectant Parent Counseling Adoption Agencies have the responsibility to support and counsel Parent(s)/Expectant Parent(s) in making informed decisions. Areas to review and explore include: Motivation for adoption Alternatives to adoption Responsibilities associated with parenting and resources available Prenatal and post-partum health care for pregnant parents Prevention of unwanted pregnancies and related issues Development of self-sufficiency Implications of placing a child up for adoption Planning for participation in the adoption process The changing roles and relationships of the birth parents Counseling and support for the termination of parental rights, grief, separation, loss, and lifelong implications Education on search and reunion issues Planning for immediate future

5.09 Information Prior to Surrender. Required information that is to be provided to parents/expectant parents cannot be done prior to the second trimester of pregnancy and the completion of the Intake and the development of the service plan. This information includes: A description of the identified adoptive parent(s) with first names and ages All adoptive parent(s)’ medical and mental health history information available Information on adoptive parent(s)’ race and national origin Members of adoptive parent(s)’ household and extended family

5.10 Services to Foster and Adoptive Parents 5.10(6) Adoptive Parent Preparation. Prior to placement, the licensee must provide adoptive parent applicants a minimum of 10 hours of education that includes: Risk and protective factors shaping adoptive children’s adjustments Methods to meet adoptive children’s health and developmental needs Child development and parenting techniques Differences between parenting adopted children and parenting children born into the family Addressing identity issues The impact of adoption on child development and family adjustment throughout the life cycle Formal and informal community resources for post- adoption education, support and therapeutic intervention The importance of notifying the agency in the event of dissolution or disruption of the adoption

5.10(6) Evaluation of Applicants. Home studies must include the following: Three in-person interviews with the applicants including two meetings in the applicants’ home Documentation of the applicants’ previous foster or adoption experience Physical and mental health histories of the applicant(s) The applicants’ attitudes toward parenting a child of different racial, ethnic or cultural background, a child with a history/family history of substance abuse, mental health or medical disabilities, behavioral or emotional problems or a child of a different sexual orientation than the applicants Resources available to support the applicants in the above

5.09 Expectant Parent Flat Fee Prospective adoptive parents may be charged for an expectant parent’s living, support and transportation fees only in accordance with the agency’s established fee for expectant parent expenses. Fees charged must be based on the following (provided the costs are identified in the required pre-placement agreement): The average cost incurred by the agency for these areas during the previous two years Medical costs for the mother and child that are not covered by third party payment Legal fees incurred related to the adoption Travel and lodging in connection with any interstate or international adoption

POST-ADOPTION SERVICES (NEW) Post-adoptive services provided by the licensee shall include: Education regarding the impact of adoption on children’s development over the life cycle Support services to assist parents in their adjustment to adoption and/or in integration of their adopted child into their family Support services in developing a secure attachment with the adopted child by means that include support groups, mentor programs, organized social activities, retreats, and camps Information, referral and advocacy services Clinical services including: Clinical Evaluations Problem solving counseling Individual and family therapy and residential treatment Search, reunion, and mediation services to assist, facilitate, and support adoptive and birth family members as they locate each other, establish communication, and build positive relationships

Proposed Regulation Promulgation Timeline TasksDate Vet Regulation Changes with Providers/Stakeholders/Consultants; Gather Feedback and Incorporate Comments and Suggestions Fall Spring 2011 Board Reviews proposed Regulation Changes; Committee Discussions Dec 2010/June 2011 Board Vote to put Regulations out for Public Comment June 2011 Public Comment Period; Meetings with Stakeholders/Providers/Advocates Sept – Nov 2011 Board Vote to Promulgate Regulations; Roll out Implementation Dec 2011/Jan 2012