Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H164 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 3395 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 164
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael J. Finn
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 a bill of rights for children in foster care.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Finn6th Hampden1/20/2023Sean Garballey23rd Middlesex1/23/2023John Barrett, III1st Berkshire1/25/2023Susannah M. Whipps2nd Franklin1/25/2023Brian W. Murray10th Worcester1/25/2023Lindsay N. Sabadosa1st Hampshire1/26/2023Paul J. Donato35th Middlesex1/27/2023Christine P. Barber34th Middlesex1/27/2023Carol A. Doherty3rd Bristol2/3/2023Tricia Farley-Bouvier2nd Berkshire2/9/2023Brian M. Ashe2nd Hampden2/13/2023Paul McMurtry11th Norfolk2/21/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/21/2023Shirley B. Arriaga8th Hampden2/23/2023 1 of 10
16	16	HOUSE DOCKET, NO. 3395 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 164
18	18	By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 164) of
19	19	Michael J. Finn and others relative to establishing a bill of rights for children in foster care.
20	20	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 a bill of rights for children in foster care.
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 119 of the General Laws, as appearing in the 2020 official edition,
30	30	2is hereby amended by inserting after section 23C the following section:-
31	31	3 Section 23D. (a) As used in this section, the following words shall, unless the context
32	32	4clearly requires otherwise, have the following meanings:-
33	33	5 “Child” means any child, youth or young adult in the care or custody of the department.
34	34	6 “Child-specific family” means a non-kinship individual who is significant in a particular
35	35	7child’s life (e.g., school teacher comes forward; child recommends friend's parent).
36	36	8 (b) The department must present a copy of the following rights to each child in its care
37	37	9when the child enters care, during foster care review meetings, during permanency planning
38	38	10meetings in which the child is participating and at any other times the department deems
39	39	11appropriate. The child’s social worker must also explain these rights to the child in an age- 2 of 10
40	40	12appropriate way when the child enters care. The department must present the document to the
41	41	13child’s attorney and display the document prominently on its website and in all area offices. The
42	42	14department shall ensure the document is translated into the language spoken by the child.
43	43	15 (c) The bill of rights for children in foster care shall include, but not be limited to, the
44	44	16following:
45	45	17 (1) Safety and Security:
46	46	18 (i) Each child shall be treated with respect and shall not be harassed or discriminated
47	47	19against by department staff, foster parents or service providers on the basis of race, national
48	48	20origin, culture, language, ethnicity, sexual orientation, gender, gender identity, gender
49	49	21expression, religion or disability.
50	50	22 (ii) Each child has the right to a placement that is free from physical, sexual, emotional or
51	51	23other abuse, neglect or exploitation.
52	52	24 (iii) Each child shall have access to healthy food, clothing, personal care products and
53	53	25items that preserve and promote the child's family's culture or religion and the child’s specific
54	54	26hair and body needs.
55	55	27 (iv) Each child shall be placed in a safe and nurturing environment and receive
56	56	28appropriate care and treatment in the least restrictive setting available that can meet the child’s
57	57	29needs. No child shall be placed, housed or detained in a secure department of youth services
58	58	30(DYS) placement based on the department’s inability to provide an available and appropriate
59	59	31foster placement, nor shall the department advocate for bail of any amount for children in its care
60	60	32or custody. 3 of 10
61	61	33 (v) Each child has the right to age-appropriate information about a foster family or
62	62	34program prior to being placed and, whenever possible, shall have an opportunity to meet the
63	63	35foster parent or program staff before placement occurs. If the foster placement is only able to
64	64	36accommodate the child for a limited time, the child shall be notified of the anticipated duration
65	65	37of the child’s stay with that foster placement. The child shall be informed of a placement change,
66	66	38and the reason(s) therefore, at least 5 days in advance of any change. When a change is made in
67	67	39an emergency circumstance, the child shall be given as much notice as possible. The child’s
68	68	40belongings shall be packed with care and the child shall be allowed to bring their essential
69	69	41belongings and comfort items with them.
70	70	42 (vi) Each child has the right to safe access to personal possessions, personal space and
71	71	43privacy.
72	72	44 (2) Connections to Family, Community and Identity:
73	73	45 (i) Each child has the right to know, understand, learn and develop the child’s racial,
74	74	46cultural, linguistic, gender, religious and ethnic identity, including but not limited to clothing,
75	75	47hair, and other cultural expressions of identity, and to a placement that will provide or maintain
76	76	48the connections necessary to preserve and promote the child’s identities.
77	77	49 (ii) Each child has the right to be placed according to the child’s gender identity and
78	78	50referred to by the child’s identified name and gender pronoun. A child’s sexual orientation and
79	79	51gender identity and expression shall remain private unless the child permits the information to be
80	80	52disclosed, the disclosure is required to protect the child’s health and safety or disclosure is
81	81	53compelled by law or a court order. 4 of 10
82	82	54 (iii) Each child has the right for the department to prioritize the child’s parents, relatives
83	83	55and child-specific family first as potential placement providers. The child’s parents and relatives
84	84	56shall be considered first.
85	85	57 (iv) Each child has the right for the department to first consider placements with the
86	86	58child’s siblings or half-siblings also removed from the home unless the joint placement is
87	87	59contrary to the safety, well-being, or path to permanency for any of the siblings. Whenever
88	88	60possible, the department shall work to address barriers to placing siblings together. The
89	89	61department shall ensure the child be placed in close proximity to siblings if unable to be placed
90	90	62in the same setting and shall facilitate frequent and meaningful contact regardless of geographic
91	91	63barriers.
92	92	64 (v) Each child shall have the right to family time of a duration and frequency that is
93	93	65consistent with the developmental needs of the child. Family time shall take place in-person and
94	94	66outside of a department office whenever possible. Each child shall also have the right to other
95	95	67forms of parental contact, including but not limited to phone calls, videoconferences, email and
96	96	68texts. Congregate care programs should work to facilitate access to virtual forms of contact.
97	97	69Whenever possible, family time shall take place outside of school hours.
98	98	70 (vi) Each child has the right to maintain positive contact with other family members and
99	99	71significant positive relationships in the child’s life, including but not limited to teachers, friends
100	100	72and community supports.
101	101	73 (vii) Each child has the right to be treated as a family member in a foster family and,
102	102	74whenever possible, be included in a foster family’s activities, holidays and rituals. 5 of 10
103	103	75 (viii) Each child has the right to preserve and maintain all languages the child entered
104	104	76care speaking and to a placement that provides or facilitates appropriate language access.
105	105	77 (3) Health Care and Accessibility:
106	106	78 (i) Each child has the right to access appropriate medical, reproductive, dental, vision,
107	107	79mental and behavioral health services regularly and more often as needed.
108	108	80 (ii) Each child has the right to discuss any questions or concerns the child has relating to
109	109	81medication with a social worker or healthcare provider and to understand each of the medications
110	110	82the child takes, its purposes and side effects in a developmentally-appropriate way.
111	111	83 (iii) Each child has the right to out-of-home placements that are accessible for any
112	112	84disabilities the child may have and reasonable accommodations as necessary. These
113	113	85accommodations will be provided in a timely manner and in such a way as to protect the privacy
114	114	86of the child with a disability. Each child also has a right to discuss any disabilities with a social
115	115	87worker and request adaptive equipment, auxiliary aids or services.
116	116	88 (iv) Each child has the right to access gender-affirming care.
117	117	89 (4) Education, Employment and Social Connections:
118	118	90 (i) Each child has the right to school, educational stability, educational supports and to an
119	119	91education that fits the child’s needs.
120	120	92 (ii) Each child has the right to stay in the child’s school of origin unless doing so would
121	121	93not be in the child’s best interest. 6 of 10
122	122	94 (iii) Each child has the right to participate in age-appropriate school, extracurricular,
123	123	95enrichment, religious, cultural, linguistic, ethnic and social activities and to have any placement
124	124	96provider use the reasonable and prudent parenting standard when making decisions regarding
125	125	97participation in such activities.
126	126	98 (iv) Each child has the right to achieve developmentally-appropriate, age-related
127	127	99milestones, including but not limited to obtaining a driver’s license, opening bank accounts,
128	128	100birthday celebrations or graduations. The department shall cover any costs associated with these
129	129	101milestones.
130	130	102 (v) Each child will be informed of the educational, vocational and employment supports
131	131	103available to children through the department, including but not limited to any tuition and fee
132	132	104waivers for post-secondary education.
133	133	105 (vi) Each child shall be informed of all available services, including but not limited to
134	134	106assistance in acquiring life skills, educational assistance, financial support, housing support,
135	135	107assistance with credit reports and resolving inaccuracies, training and career guidance to
136	136	108accomplish personal goals and prepare for the future, post-secondary education and employment
137	137	109supports available to children in care and adaptive equipment or auxiliary aids and supports.
138	138	110 (vii) Each child shall have age-appropriate education through the department on financial
139	139	111preparedness, job readiness, appropriate use of social media, education options, healthy
140	140	112relationships and sexual and reproductive health.
141	141	113 (5) Resources and Supports: 7 of 10
142	142	114 (i) The department shall provide reasonable efforts towards reunification to the child and
143	143	115the child’s family of origin, pursuant to state and federal law.
144	144	116 (ii) Each child has the right to reasonable access to a caseworker who makes case plan
145	145	117decisions. Reasonable access shall include the social worker and supervisor’s office telephone
146	146	118numbers and email addresses as well as, at a minimum, monthly visits by the social worker. The
147	147	119department shall also provide the child an emergency contact number available 24 hours a day, 7
148	148	120days a week. Such access must include the opportunity to have private conversations regarding
149	149	121any questions, grievances, or concerns.
150	150	122 (iii) Each child shall have the right to participate in the development and review of the
151	151	123service and visitation plans and shall be consulted as the department formulates or updates said
152	152	124plans. Children age 14 and older shall also be presented with the action or service plan for their
153	153	125review and signature.
154	154	126 (iv) Each child has the right to be informed in a developmentally-appropriate way of the
155	155	127reason(s) the department became involved with the child’s family, why the child came into care
156	156	128and why the child is still in care. Upon turning 18, children will have the right to access their
157	157	129case files, barring any confidential or legally privileged information.
158	158	130 (v) Each child age 14 or older has the right to be included in the foster care review
159	159	131meeting, permanency hearing and lead agency team meeting, unless documented by court order
160	160	132that participation would be detrimental to the child. If the child is unable to attend in person or
161	161	133by phone or video, the child shall have the right to submit a written statement to be considered at
162	162	134the meeting. 8 of 10
163	163	135 (vi) Each child shall be notified by the department about court dates and the department
164	164	136shall ensure the child understands the child’s right to attend court hearings and speak to the judge
165	165	137regarding any decision that may have an impact on the child’s life.
166	166	138 (vii) Each child has the right to access information contained in medical, dental and
167	167	139educational records held by the department as well as personal documents, including but not
168	168	140limited to social security card, birth certificate, health insurance information, state identification,
169	169	141driver’s license or green card in a developmentally-appropriate way. When a child leaves the
170	170	142care of the department, they shall be given copies of medical, dental and educational records held
171	171	143by the department and original copies of all personal documents. The department shall begin
172	172	144planning to return the documents to the child at least 30 days before the child leaves care to be
173	173	145able to give the documents to the child on the day of the child’s departure. When a child ages out
174	174	146of care, the department must assist the child in obtaining a state identification card if the child
175	175	147does not have one.
176	176	148 (viii) Each child has the right to an attorney upon entering care and to meaningful contact
177	177	149with said attorney. Each child shall be informed by the department of the names and phone
178	178	150numbers of assigned attorneys and be informed by a social worker that the child can contact the
179	179	151attorneys and that there is a process to request a change of attorneys.
180	180	152 (ix) Each child shall be informed by the department of the clothing, birthday and holiday
181	181	153payments to foster parents and placement providers for children in placement and that the child
182	182	154has the right to have those payments used to meet the child’s needs.
183	183	155 (6) Transition Age Youth 9 of 10
184	184	156 (i) Every child who turns 18 while in custody of the department is automatically signed
185	185	157out of care of the department but has the right to sign back into department care prior to turning
186	186	15823, pursuant to federal requirements. Every child shall be made aware of this right throughout
187	187	159the transition planning process as well as any federal requirements governing services for
188	188	160transition age youth.
189	189	161 (ii) At the age of 14, the department shall begin working with the child to plan their
190	190	162transition from foster care to adulthood. The transition plan should cover all areas needed for a
191	191	163youth to be stable and successful as an adult, including housing, employment, education, and
192	192	164physical and behavioral health.
193	193	165 (iii) Every child above age 18 who has chosen to remain in the custody of the department
194	194	166has the right to leave and re-enter custody at any time for any reason.
195	195	167 (iv) During the transition planning process, the department shall inform the child of all
196	196	168resources and supports available to the child, including housing, educational and vocational
197	197	169supports.
198	198	170 (7) Remedies
199	199	171 (i) Each child shall have the right to file complaints with the department’s ombudsperson
200	200	172and/or the office of the child advocate and shall be free from retaliation or punishment for
201	201	173asserting this right. The department must provide the child with contact information for the
202	202	174ombudsperson and the office of the child advocate.
203	203	175 (ii) Each child shall have the right to have these rights enforced and to report complaints
204	204	176and violations of these rights. If the child, the child’s attorney or the child’s foster parent or 10 of 10
205	205	177placement provider believes any of the above rights have been violated, the child shall have the
206	206	178right to discuss the alleged violation with a social worker, file a complaint with the office of the
207	207	179child advocate or the department’s ombudsperson and/or petition the court for a determination.
208	208	180The department shall not retaliate against or punish a child, an attorney or a foster parent for
209	209	181asserting this right. If the social worker, the office of the child advocate or the court determines
210	210	182the child's rights have been violated, the department shall resolve the violation as soon as
211	211	183practicable.