Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H198 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 2213       FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 198
The Commonwealth of Massachusetts
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PRESENTED BY:
Jack Patrick Lewis
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to animal welfare and DCF regulations.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jack Patrick Lewis7th Middlesex1/19/2023Natalie M. Higgins4th Worcester1/20/2023Lindsay N. Sabadosa1st Hampshire1/25/2023Vanna Howard17th Middlesex2/3/2023Samantha Montaño15th Suffolk2/4/2023Angelo J. Puppolo, Jr.12th Hampden2/6/2023David Henry Argosky LeBoeuf17th Worcester2/6/2023Thomas M. Stanley9th Middlesex2/7/2023William C. Galvin6th Norfolk2/7/2023Michelle M. DuBois10th Plymouth2/8/2023Edward R. Philips8th Norfolk2/14/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/15/2023John Barrett, III1st Berkshire2/16/2023James K. Hawkins2nd Bristol3/2/2023Tram T. Nguyen18th Essex3/2/2023Bruce J. Ayers1st Norfolk3/9/2023 1 of 3
HOUSE DOCKET, NO. 2213       FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 198
By Representative Lewis of Framingham, a petition (accompanied by bill, House, No. 198) of 
Jack Patrick Lewis and others that investigations of applications for adoption or foster parenting 
conducted by the Department of Children and Families include veterinary records of animals 
maintained on the premises. Children, Families and Persons with Disabilities.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to animal welfare and DCF regulations.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 42 of Chapter 19A, as appearing in the 2018 Official Edition of the 
2General Laws, is hereby amended by striking out, in line 52, the words “During any investigation 
3or evaluation reported under section 18, any” and replacing with the following word: -
4 Any
5 SECTION 2. Section 14 of Chapter 19C, as appearing in the 2018 Official Edition of the 
6General Laws, is hereby amended by striking out, in line 1, the words “During any investigation 
7or evaluation reported under section 5, any” and replacing with the following word: -
8 Any
9 SECTION 3. Section 85 of Chapter 119, as appearing in the 2018 Official Edition of the 
10General Laws, is hereby amended by striking out, in line 1, the words “During any investigation 
11or evaluation reported under section 51A, any” and replacing with the following word: - 2 of 3
12 Any
13 SECTION 4. Chapter 119, as appearing, is hereby amended by adding the following new 
14section:-
15 Section 26D. 
16 The Department reserves the right to request that a foster/pre-adoptive parent applicant or 
17foster/pre-adoptive parent obtain and provide a copy of a behavior/temperament assessment 
18and/or provide veterinary records on any animal maintained on the premises used as a foster/pre-
19adoptive home. The cost of the behavior/temperament assessment will be borne by the foster/pre-
20adoptive parent or applicant. The Department shall not restrict placement of a child solely based 
21on the presence of any particular breed of dog in the home. The department may consider:
22 (a)  The age, size, and sex of the child;
23 (b)  Any prior incidents of dangerous behavior between child and animals in previous 
24placements;
25 (c)  Dog is free from disease and parasites and licensed and vaccinated as prescribed by 
26law;
27 (d)  The age, sex, and size of the dog;
28 (e)  Whether the dog has been neutered;
29 (f) A copy of a behavior/temperament assessment, the cost of which should be borne by 
30the foster/pre-adoptive parent or applicant; 3 of 3
31 (g)  Veterinary records and contact information of veterinarian of any animal on the 
32premises used as a foster/pre-adoptive home;
33 (h)  Any prior incidents of dangerous behavior/incidents by the dog;
34 (i) Behavioral aspects of the child(ren);
35 (j) Number of dogs on the premises; and
36 (k)  Whether the dog is penned or caged at any time, and if so, under what circumstances 
37and for what purpose.
38 The Department reserves the right to request that the foster/pre-adoptive parent applicant 
39or foster/pre-adoptive parent obtain and provide any other information deemed necessary to the 
40safety and well-being of the children as it relates to the status of animals in the home.
41 SECTION 5. Notwithstanding any general or special law to the contrary, the department 
42of children and families may promulgate regulations for the purpose of implementing this Act.