2006 Massachusetts Code - Chapter 18B — Section 6A. Foster care review unit; director.

Section 6A. The commissioner of social services shall appoint a foster care review director who shall establish an independent foster care review unit, hereinafter in this section referred to as the unit, within the department. Said director shall appoint, subject to the approval of the said commissioner, the members of the unit who shall be employees of the department, shall devote their time exclusively to case reviews, and shall convene and conduct administrative case reviews of the status of each child in the care of the department at least once every six months. Such reviews shall be performed by panels consisting of one member of the unit and two other persons, at least one of whom shall not be an employee of the department and represent to the maximum extent feasible the various socio-economic, racial and ethnic groups served by the panel. No panel member shall be the social worker with direct case responsibility for the child whose case is being reviewed or the immediate supervisor of said social worker. Such reviews shall be held at convenient locations throughout the commonwealth and shall be chaired by the member of the panel from the unit. Panel members shall have sufficient experience or training to enable them to make recommendations.

The purpose of the case review shall be to determine: (a) the necessity and appropriateness of the child’s continued placement; (b) the extent of the parties’ compliance with a written plan which has been developed between the department or its agent, the child’s parents, and the child, where appropriate, and which states actions which must be undertaken within specified time limits by all parties to achieve identified service goals; (c) the extent of progress which has been made toward alleviating or mitigating the causes necessitating the child’s placement; and (d) a projected date by which the child may likely be returned to his parents or guardian, or placed for adoption, or have a guardian appointed other than the department or its agent.

The department shall promulgate regulations for the conduct of case reviews. The regulations shall include, but not be limited to, standards for the conduct of the reviews; for the initial and ongoing training of the members of the unit and of the panels; for the participation by the social worker with direct case responsibility for the child, the child’s parents, the child, where appropriate, and such other persons whose participation may be helpful; for adequate notice to all participants of the time and place of the review; for a written report of the panel’s determinations and recommendations; for an appeal to the commissioner of social services, or his designee, by the social worker, the parents, or the child aggrieved by the panel’s determinations and recommendations. The decision by said commissioner or his designee shall be final.

Administrative case reviews shall not be subject to chapter thirty A; provided, however, that nothing in this section shall prevent the exercise of any right of review a party may have pursuant to any other provisions of law.

The director of the unit shall submit an annual report to the governor and the general court on the performance of the unit. Such report shall contain an analysis and evaluation of the foster care review system and recommendations, if any, for its improvement; the total number of children in the care of the department or its agents during the previous fiscal year; the number of children who were in their care for more than six months; the number of reviews conducted; the number of children returned to their parents or guardian; the number of children for whom guardians, other than the department, or its agent, were appointed; the number of children released for adoption; and the number of children adopted.