Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H155 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 287 FILED ON: 1/11/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 155
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tricia Farley-Bouvier
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to assure quality foster care.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tricia Farley-Bouvier2nd Berkshire1/11/2023Bud L. Williams11th Hampden1/20/2023Tram T. Nguyen18th Essex1/25/2023David F. DeCoste5th Plymouth1/26/2023Frank A. Moran17th Essex1/26/2023James K. Hawkins2nd Bristol1/27/2023Vanna Howard17th Middlesex1/31/2023Samantha Montaño15th Suffolk2/3/2023Mary S. Keefe15th Worcester2/6/2023Patricia A. Duffy5th Hampden2/22/2023Jonathan D. Zlotnik2nd Worcester3/1/2023Jennifer Balinsky Armini8th Essex3/4/2023Christopher J. Worrell5th Suffolk3/8/2023Peter Capano11th Essex3/13/2023 1 of 4
16	16	HOUSE DOCKET, NO. 287 FILED ON: 1/11/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 155
18	18	By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 155)
19	19	of Tricia Farley-Bouvier and others relative to making foster parents public employees and
20	20	providing them with certain collective bargaining rights. Children, Families and Persons with
21	21	Disabilities.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 213 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to assure quality foster care.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 Section 1. Section 23 of chapter 119 of the General Laws, as appearing in the 2018
33	33	2Official Edition, is hereby amended by inserting the following new sub-section (j):
34	34	3 (1) As used in this section, the following words shall, unless the context clearly requires
35	35	4otherwise, have the following meanings:
36	36	5 “Employee organization,” an employee organization as defined in section 1 of chapter
37	37	6150E.
38	38	7 “Foster Parent,” a person authorized or licensed by the Department of Children and
39	39	8Families to provide foster care or pre-adoptive care to children in the care or custody of the 2 of 4
40	40	9Department of Children and Families or a former foster parent who receives a post-adoptive
41	41	10subsidy from said department.
42	42	11 (2) The department shall, subject to appropriation and notwithstanding any general or
43	43	12special law to the contrary, assure quality foster care provided to children placed with foster
44	44	13parents and families by working cooperatively with foster parents to build upon the existing
45	45	14system and continuously improve the provision of high quality foster care through foster parents
46	46	15who have the requisite qualifications, supports, and training.
47	47	16 (3) Foster parents shall be considered public employees, as defined by and solely for the
48	48	17purposes of Chapter 150E, sections 17A and 17J of chapter 180, section 10B of chapter 66 and
49	49	18clause 26(o) of section 7 of chapter 4. Said chapter 150E, including subsection (c) of section 7,
50	50	19shall apply to foster parents except to the extent that chapter 150E is inconsistent with this
51	51	20section, in which case this section shall control. Foster parents shall not be considered public
52	52	21employees or state employees for any purpose other than those set forth in this section. The
53	53	22department, acting through the commissioner, shall be the employer, solely for the purposes of
54	54	23said chapter 150E, said sections 17A and 17J of said chapter 180, and said section 10B of
55	55	24chapter 66. Foster parents shall not be eligible for benefits through the group insurance
56	56	25commission, the state board of retirement or the state employee workers’ compensation program.
57	57	26 (4) Consistent with section 9A of said chapter 150E, no foster parent shall engage in a
58	58	27strike and no foster parent shall induce, encourage or condone any strike, work stoppage,
59	59	28slowdown or withholding of services by any foster parent. 3 of 4
60	60	29 (5) The only appropriate bargaining unit for foster parents shall consist of all foster
61	61	30parents in the commonwealth who are on the most current list of authorized or licensed foster
62	62	31parents which shall be provided by the commissioner.
63	63	32 (6) An employee organization seeking to represent foster parents shall file with the
64	64	33department of labor relations under section 4 of said chapter 150E.
65	65	34 (7) The mandatory subjects, as to which the department and an employee organization
66	66	35certified by the department of labor relations as the bargaining representative of foster parents
67	67	36shall bargain, shall include, but not be limited to, the responsibilities of the foster parents, the
68	68	37responsibilities of the department to the foster parents, developing and encouraging greater
69	69	38education and training opportunities for foster parents, improving recruitment and retention of
70	70	39qualified foster parents, payment rates, rate structures and payment and reimbursement
71	71	40procedures for foster care, supplemental reimbursements for medical or other specialized care,
72	72	41service as educational surrogate parents, attendance at court hearings and foster care review
73	73	42meetings, costs of insurance and reimbursement for property losses caused by children in the
74	74	43care and custody of the department, reimbursement for expenses associated with extra-curricular
75	75	44and social activities, access to training, professional consultation and support, including but not
76	76	45limited to special education, mental and behavioral health, expansion of and access to respite
77	77	46care, foster parent participation in the development of service plans for children in the care and
78	78	47custody of the department, procedures for notice and information regarding placement and
79	79	48service plan changes, and dispute resolution procedures. 4 of 4
80	80	49 (8) Nothing in this section shall modify any right of the department to decide to place or
81	81	50remove a child from the home of a foster parent or the rights of foster parents to appeal and
82	82	51review pursuant to the Department’s Grievance and Fair Hearing Procedures, 110 CMR 10.
83	83	52 (9) Nothing in this section shall alter or abridge the department’s statutory rights and
84	84	53responsibilities to license foster parents, visit, inspect and monitor foster homes, or to suspend,
85	85	54revoke, sanction or take any other action against a foster parent’s license in furtherance of this
86	86	55chapter or in furtherance of the department’s regulations promulgated in this regard. The
87	87	56collective bargaining process and the grievance procedures described in said chapter 150E, shall
88	88	57not apply to the department’s statutory and regulatory licensing, monitoring and enforcement
89	89	58functions.
90	90	59 (10) To the extent provisions in written agreements between the department and foster
91	91	60parents are inconsistent with the terms of agreements collectively bargained pursuant to this
92	92	61section, the terms of the collectively bargained agreement shall control.
93	93	62 (11) Collective bargaining and related activity by foster parents, as authorized under this
94	94	63section, shall qualify for the state action exemption to the federal anti-trust laws.
95	95	64 Section 2. The first paragraph of subsection (c) of section 7 of chapter 150E of the
96	96	65General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the
97	97	66word providers, as appearing in line 5, the following words:-,” the department of children and
98	98	67families with regard to bargaining with foster parents.”
99	99	68 Section 3. Subsection (j) of section 23 of Chapter 119 of the General Laws, as appearing
100	100	69in section 1, shall take effect upon passage of this act.