Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H158 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1429 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 158
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 establishing the Massachusetts foster care review office.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tricia Farley-Bouvier2nd Berkshire1/18/2023Carmine Lawrence Gentile13th Middlesex1/25/2023David F. DeCoste5th Plymouth1/26/2023Patricia A. Duffy5th Hampden1/26/2023James K. Hawkins2nd Bristol1/27/2023Vanna Howard17th Middlesex2/1/2023Mary S. Keefe15th Worcester2/6/2023Jennifer Balinsky Armini8th Essex2/21/2023 1 of 11
16	16	HOUSE DOCKET, NO. 1429 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 158
18	18	By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 158)
19	19	of Tricia Farley-Bouvier and others relative to establishing the Massachusetts foster care review
20	20	office. Children, Families and Persons with Disabilities.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act establishing the Massachusetts foster care review office.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 18B of the General Laws is hereby amended by striking out section
30	30	26A.
31	31	3 SECTION 2. The General Laws are hereby amended by inserting after Chapter 18C the
32	32	4following chapter:-
33	33	5 CHAPTER 18D.
34	34	6 Section 1. As used in this chapter, the following words shall have the following
35	35	7meanings, unless otherwise noted:
36	36	8 “Board”, the foster care review office governing board.
37	37	9 “Council”, foster care review office interdisciplinary council.
38	38	10 “Department”, the department of children and families. 2 of 11
39	39	11 “Foster care placement”, all out-of-home placements of children, youth, or young adults
40	40	12by the department whether voluntarily or by court assigned custody.
41	41	13 “FCRO”, the foster care review office created pursuant to this chapter.
42	42	14 “Foster care review”, an administrative review of the status of each child, youth or young
43	43	15adult who is in foster care placement.
44	44	16 “Local panel”, a foster care review panel of trained volunteer citizen reviewers and
45	45	17FCRO staff created pursuant to this chapter.
46	46	18 “Parties”, all parties involved in a specific child, youth, or young adult case.
47	47	19 “Permanency”, a legal, permanent family living arrangement.
48	48	20 “Secretary”, the secretary of the executive office of health and human services.
49	49	21 Section 2. (a) There shall be an office of foster care review, which shall be independent
50	50	22of any supervision or control by any executive agency. The FCRO shall be established as an
51	51	23independent state agency, overseen and supported by the board.
52	52	24 (b) The FCRO shall conduct foster care case reviews every 6 months of every child in
53	53	25foster care placement to make determinations and recommendations regarding the placement and
54	54	26progress towards permanency; provide information and direct reporting to the legislature, the
55	55	27department, the governor, the secretary, the chief justices of the juvenile and the probate and
56	56	28family courts, and the public regarding the foster care system in Massachusetts; make
57	57	29recommendations regarding foster care policy; and ensure oversight, accountability and
58	58	30transparency regarding the foster care system. 3 of 11
59	59	31 (1) The FCRO shall designate local panels of trained citizen reviewers to conduct foster
60	60	32care case reviews for every child in foster care placement at least every 6 months while in
61	61	33placement.
62	62	34 (2) The FCRO shall create and implement the following:
63	63	35 (i) Policies and procedures regarding the duties of FCRO staff, including the scheduling
64	64	36and conduct of case reviews, advanced notice to parties to the case, development of individual
65	65	37case review reports including findings and recommendations, dissemination of individual case
66	66	38review reports to the parties, and follow-up of individual cases;
67	67	39 (ii) Guidelines regarding citizen reviewer qualifications and recruitment;
68	68	40 (iii) Training programs for citizen reviewers which shall include an initial training
69	69	41program and periodic in-service training programs;
70	70	42 (iv) Policies and procedures for local panels in the conduct of individual case reviews;
71	71	43 (v) Policies and procedures for FCRO regarding the conduct of reviews, follow-up of
72	72	44individual cases between reviews, communication with parties, structure, format and content of
73	73	45individual case review reports and access to data and information;
74	74	46 (vi) A record-keeping system for all local panel files, including individual case reviews
75	75	47and aggregate data;
76	76	48 (vii) Content and format of periodic and annual FCRO aggregate reports. 4 of 11
77	77	49 (3) The FCRO shall provide periodic and annual aggregate reports to the legislature,
78	78	50governor, secretary, the department, the chief justices of the juvenile and the probate and family
79	79	51courts and the public.
80	80	52 (4) The FCRO shall have access to all relevant information regarding any child, youth or
81	81	53young adult eligible for foster care case review including, but not limited to, data, records and
82	82	54case files provided to the FCRO by the department.
83	83	55 (5) Individual case review reports shall be provided to all parties to the legal case for
84	84	56judicial consideration and for the purposes of the safety and well-being of the child and
85	85	57permanency planning.
86	86	58 (c) The FCRO shall be the only entity that conducts periodic, administrative foster care
87	87	59case reviews as required by the Adoption Assistance and Child Welfare Act of 1980 (Public Law
88	88	6060 96-272).
89	89	61 Section 3. (a) The board shall hire an FCRO executive director.
90	90	62 (b) Any person appointed to the position of executive director shall be selected without
91	91	63regard to political affiliation and on the basis of integrity and demonstrated ability in leadership,
92	92	64organizational management, collaboration, and child welfare, advocacy or law.
93	93	65 (c) The executive director may be removed from office for cause by a majority vote of
94	94	66the board. Such cause may include substantial neglect of duty, gross misconduct or conviction of
95	95	67a crime. The cause for removal shall be stated in writing and shall be sent to the governor,
96	96	68attorney general, auditor and clerks of the senate and house of representatives at the time of
97	97	69removal and shall be a public document. 5 of 11
98	98	70 Section 4. (a) The board shall have no more than 15 members and be as geographically
99	99	71diverse as possible. The members shall include the child advocate or designee, a representative
100	100	72of the Children’s League of Massachusetts, a legal representative of the child and family division
101	101	73of the committee for public counsel services, a representative of the Massachusetts chapter of the
102	102	74American Academy of Pediatrics with expertise in the area of adverse childhood experiences, a
103	103	75representative of Citizens for Juvenile Justice, a representative of the Massachusetts Alliance for
104	104	76Families, a representative from Massachusetts commission on LGBTQ youth, a representative of
105	105	77the Disability Law Center, a representative of the Boston University Center for Antiracist
106	106	78Research, a representative of the Massachusetts chapter of the Foster Care Alumni of America, a
107	107	79Massachusetts-based member of FosterClub, Inc., and a representative of foster parent advocacy
108	108	80organization identified by Citizens for Juvenile Justice and the Commission on LGBTQ Youth,
109	109	81and the following persons chosen by the secretary of health and human services: 1 former
110	110	82department staff reviewer, and 2 citizen volunteer reviewers with a minimum of 5 years’
111	111	83experience as a reviewer.
112	112	84 (b) The representative of the Children’s League of Massachusetts and the representative
113	113	85from the Massachusetts chapter of the Foster Care Alumni of America shall be the co-chairs of
114	114	86the board.
115	115	87 (c) The members shall have no pecuniary interest in the foster care system and shall not
116	116	88be employed by the FCRO, the executive office of health and human services, the department, a
117	117	89child welfare agency providing services on behalf of the department, the juvenile court or the
118	118	90probate and family court. 6 of 11
119	119	91 (d) The terms of the members shall be for 3 years, with the exception of the child
120	120	92advocate who may serve while acting as the child advocate. Members shall not serve more than 2
121	121	93consecutive terms, except that members shall serve until their successors have been appointed.
122	122	94 (e) The Board shall meet at least 4 times each calendar year. Each member shall attend at
123	123	95least 2 meetings each calendar year and shall be subject to removal for failure to attend at least 2
124	124	96meetings unless excused by a majority of the members of the board.
125	125	97 (f) The board shall:
126	126	98 (1) Recommend a FCRO executive director to be appointed by a majority vote of the
127	127	99governor, attorney general and auditor.
128	128	100 (2) Hire and fire the executive director for the FCRO;
129	129	101 (3) Annually set the salary of the executive director; and
130	130	102 (4) Support and facilitate the work of the FCRO.
131	131	103 (g) The executive director shall be the administrative head of the FCRO and shall devote
132	132	104full-time to the duties of the FCRO. The executive director shall provide information and
133	133	105reporting services, provide analysis of information obtained, and oversee foster care case reviews
134	134	106and tracking. The executive director shall, through information analysis and with the assistance
135	135	107of the board, (1) determine key issues of the foster care system and make recommendations to
136	136	108improve the system, (2) identify key areas of strength and (3) make policy recommendations.
137	137	109 (h) The executive director of the FCRO shall be responsible for all human resource
138	138	110planning and management; for the duties of the office as provided by law, including the annual
139	139	111aggregate report and any periodic reporting; data collection and analysis; and oversight and 7 of 11
140	140	112training of local panels of citizen reviewers. The executive director shall meet at least monthly
141	141	113with the council to review and address issues and concerns regarding services for children, youth
142	142	114and families as well as individual case challenges that require escalation to address or resolve.
143	143	115 Section 5. (a) The FCRO shall designate local panels of citizen reviewers, in
144	144	116geographical locations that correspond with the department’s service areas, to conduct foster care
145	145	117case reviews. The number of panels required is determined by the FCRO in accordance with the
146	146	118number of children, youth and young adults in foster care placement within each service area.
147	147	119The executive director of the office shall create and implement citizen volunteer recruitment
148	148	120efforts and select citizen volunteers from local areas to serve on local panels. A person employed
149	149	121by the FCRO, the department, a child welfare agency or juvenile and probate or family courts
150	150	122shall not be appointed to a local panel.
151	151	123 (b) Each local panel, comprised of one FCRO staff reviewer and 2 trained citizen
152	152	124reviewers, shall conduct individual foster care case reviews in accordance with the policies and
153	153	125procedures created and implemented by the FCRO.
154	154	126 Section 6. (a) The foster care case review shall be conducted to determine:
155	155	127 (1) necessity, appropriateness and safety of the child, youth, or young adult’s current
156	156	128placement;
157	157	129 (2) extent of the parties’ compliance with the permanency or action plan;
158	158	130 (3) extent of progress made toward alleviating or mitigating the causes necessitating the
159	159	131placement; 8 of 11
160	160	132 (4) extent to which services in the plan are being provided and the identification of any
161	161	133barriers to receiving the needed services;
162	162	134 (5) progress made toward the permanency goal;
163	163	135 (6) whether the permanency goal should be amended;
164	164	136 (7) projected date by which child may be in a permanent placement;
165	165	137 (8) goals for the next 6 months;
166	166	138 (9) additional findings and recommendations in accordance with the child, youth, or
167	167	139young adult’s best interest; and
168	168	140 (10) well-being status of the child or youth; provided, that well-being shall be of the
169	169	141whole child or youth and includes physical health development and safety; psychological and
170	170	142emotional development; social development and behavior; and cognitive development and
171	171	143educational achievement.
172	172	144 (b) The local foster care case review meeting shall be facilitated by a FCRO staff
173	173	145reviewer who is responsible for completing the individual case review report of findings and
174	174	146recommendations.
175	175	147 (c) Anyone with a role in achieving the permanency goal for the child, youth or young
176	176	148adult shall be invited to the review. The individual case review report shall be submitted to the
177	177	149department, the juvenile or probate/family court, and all other legal parties to the case within 30
178	178	150days after the foster care case review. 9 of 11
179	179	151 (d) The department shall comply with the FCRO individual case review findings and
180	180	152recommendations, subject to an appeals process developed and agreed to by the FCRO and the
181	181	153department.
182	182	154 Section 7. (a) The FCRO interdisciplinary council shall include commissioner level or
183	183	155designee representation of the department, the office of the child advocate, the department of
184	184	156developmental services, the department of elementary and secondary education, the department
185	185	157of mental health, the department of public health, the department of transitional assistance, the
186	186	158department of youth services and the Massachusetts rehabilitation commission. Experts may be
187	187	159invited to the council meetings to address specific concerns or issues, including racial
188	188	160disproportionality, transition age youth, and issues and needs relating to lesbian, gay, bisexual,
189	189	161transgender or queer people. The council shall be chaired by the FCRO executive director and
190	190	162shall convene at least monthly. The FCRO shall ensure that appropriate services are being
191	191	163delivered in the best interest of the child, youth or young adult.
192	192	164 (b) The council shall:
193	193	165 (i) address and resolve case specific issues that have been elevated by the FCRO; and
194	194	166 (ii) address systemic issues impacting progress towards permanency and services focused
195	195	167on the best interest of children, youth and young adults in foster care placement brought to the
196	196	168council’s attention by the FCRO executive director.
197	197	169 Section 8. (a) The department shall provide the FRCO with unrestricted access to any and
198	198	170all information pertaining to the child, youth, or young adult’s needs including electronic and
199	199	171hard copy records, reports, and materials, specifically department records including evaluations
200	200	172conducted by external or independent providers and court evaluations. 10 of 11
201	201	173 (b) The department shall notify the FCRO of a child, youth, or young adult removal from
202	202	174home, placement, change to placement or case closure no later than two weeks from the date of
203	203	175the occurrence.
204	204	176 The FCRO shall be bound by any limitations on the use or release of information
205	205	177imposed by law upon the party furnishing such information.
206	206	178 Section 9. (a) The FCRO executive director shall develop internal procedures, including
207	207	179staffing and budget, subject to appropriation, appropriate for the effective performance of all
208	208	180duties and to carry out the functions of the office.
209	209	181 Section 10. (a) The FCRO executive director shall report annually to the governor, the
210	210	182president of the senate, the speaker of the house of representatives, the joint committee on
211	211	183children, families and persons with disabilities, the chief justices of the juvenile and the probate
212	212	184and family courts, the secretary and the commissioner of the department on the activities of the
213	213	185FCRO, including, but not limited to, statistics and analysis of aggregate data from the foster care
214	214	186reviews regarding strengths, issues, policy concerns, and problems which have come to the
215	215	187attention of the FCRO and the executive director from analysis of the aggregate data. The
216	216	188executive director shall make recommendations to address the issues, concerns and problems
217	217	189identified.
218	218	190 (b) The reports shall be made public.
219	219	191 Section 11. No person employed by or contracted by or volunteering for the FCRO shall
220	220	192be subject to suit directly, derivatively or by way of contribution or indemnification for any civil
221	221	193damages under the laws of the commonwealth resulting from any act or omission performed
222	222	194during or in connection with the discharge of duties within the scope of employment or 11 of 11
223	223	195appointment, unless such act or failure to act was committed with gross negligence, maliciously
224	224	196or in bad faith.
225	225	197 SECTION 3. (a) The board of the foster care review office, created under chapter 18D of
226	226	198the General Laws, as inserted by this act, shall meet no later than 90 days of the effective date of
227	227	199this act to initiate the development of a foster care review transition and implementation plan
228	228	200with a timeline. The plan shall be completed no later than 210 days of the effective date of this
229	229	201act.
230	230	202 (b) The department of children and families shall assign the Foster Care Review Unit
231	231	203Director and an executive level employee to work with the governing board of the foster care
232	232	204review office on the plan and its implementation.
233	233	205 (c) Implementation of the transition plan shall occur no longer than 15 months after the
234	234	206effective date of this act.