Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4088 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. 4497 FILED ON: 7/27/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 4088
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carol A. Doherty and Patricia A. Haddad
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
12	12	resolve:
13	13	Resolve establishing the Harmony Commission to study and make recommendations related to
14	14	the welfare and best interests of children in care and protection cases.
15	15	_______________
16	16	PETITION OF:
17	17	NAME:DISTRICT/ADDRESS :DATE ADDED:Carol A. Doherty3rd Bristol7/25/2023Patricia A. Haddad5th Bristol7/27/2023 1 of 4
18	18	HOUSE DOCKET, NO. 4497 FILED ON: 7/27/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 4088
20	20	By Representatives Doherty of Taunton and Haddad of Somerset, a petition (subject to Joint
21	21	Rule 12) of Carol A. Doherty and Patricia A. Haddad for an investigation by a special
22	22	commission (including members of the General Court) of the welfare and best interest
23	23	considerations of children in care and protection cases. Children, Families and Persons with
24	24	Disabilities.
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	Resolve establishing the Harmony Commission to study and make recommendations related to
31	31	the welfare and best interests of children in care and protection cases.
32	32	1 Resolved, there shall be a Harmony Commission, to study, examine and make
33	33	2recommendations regarding the welfare and best interest considerations of children in care and
34	34	3protection cases and petitions to dispense with consent cases conducted pursuant to section 29C
35	35	4of chapter 119 of the General Laws and section 3 of chapter 210 of the General Laws.
36	36	5 The commission shall consist of: the chairs of the joint committee on children, families
37	37	6and persons with disabilities, who shall serve as co-chairs; the chairs of the joint committee on
38	38	7the judiciary; the chair and vice-chair of the Massachusetts Black and Latino Legislative Caucus
39	39	8or their designees; 5 members to be appointed by the governor, 2 of whom shall have been in
40	40	9foster care as children and 2 of whom shall be foster parents; the attorney general or a designee;
41	41	10the child advocate or a designee; the commissioner of children and families or a designee; the
42	42	11chief counsel of the committee for public counsel services or a designee; 1 member to be
43	43	12appointed by the committee for public counsel services who shall be an attorney certified by the 2 of 4
44	44	13children and family law division of the committee for public counsel services who shall have a
45	45	14minimum of 7 years of experience in care and protection cases, represents both children and
46	46	15parents and has completed not less than 5 permanent custody or petition-to-dispense trials; 3
47	47	16members appointed by the Massachusetts Bar Association, who shall be former judges who have
48	48	17preferably retired not more than 5 years prior to their appointment, who have not less than 7
49	49	18years of service on the juvenile court and are from geographically-diverse juvenile court districts
50	50	19and 1 of whom shall be a former first justice; the commissioner of probation or a designee; 1
51	51	20member appointed by the Massachusetts Court Appointed Special Advocates, Inc. who shall
52	52	21have a minimum of 5 years of experience with the advocates, including supervisory experience;
53	53	221 member appointed by the Massachusetts Alliance of Juvenile Court Clinics who shall be a
54	54	23clinician representative from the court clinic of the juvenile court department; the deputy court
55	55	24administrator for the juvenile court or a designee; 1 member to be appointed by the
56	56	25Massachusetts Commission on LGBTQ Youth; 1 member to be appointed by Jane Doe, Inc.: The
57	57	26Massachusetts Coalition Against Sexual Assault and Domestic Violence; 1 member to be
58	58	27appointed by the Disability Law Center, Inc.; 1 member to be appointed by the Massachusetts
59	59	28Association of Guardians ad Litem; 1 member to be appointed by the Massachusetts Child
60	60	29Welfare Coalition who shall be an attorney; and 1 member to be appointed by the National
61	61	30Association of Counsel for Children. All appointments shall be made not later than 30 days after
62	62	31the effective date of this resolve. Members of the commission shall serve without compensation.
63	63	32 The commission shall study how a child’s rights, welfare and best interest considerations
64	64	33are currently handled in care and protection cases and petition to dispense with consent cases and
65	65	34make recommendations for how to better protect and serve children in such cases. The study
66	66	35shall include, but not be limited to: (i) a review of constitutional provisions, statutes, interstate 3 of 4
67	67	36compacts, case law, executive orders, rules of court and standing orders, state agency and
68	68	37judicial rules and regulations, intergovernmental or multi-state memoranda of understanding and
69	69	38state agency and judicial policies, procedures, practices and trainings; (ii) an examination of how
70	70	39care and protection cases and petition to dispense with consent cases disproportionately impact
71	71	40children of color, immigrant children, children with disabilities, lesbian, gay, bisexual,
72	72	41transgender and queer children, children who have experienced trauma and children living in
73	73	42poverty; (iii) an analysis of ways to ensure the constitutional rights of parents and children while
74	74	43prioritizing the well being and safety of children, including the children’s best interest, safety and
75	75	44well being while in the care or custody of the department of children and families; and (iv) a
76	76	45study of sibling visitation rights.
77	77	46 The commission shall hold public hearings and solicit public comment not less than 3
78	78	47times prior to the filing of its report. The hearings shall be held in geographically-diverse areas
79	79	48and at least 1 public hearing shall be held after the issuance of a draft report, which shall include
80	80	49any recommendations and draft legislation to implement the recommendations. Interested parties
81	81	50shall have the opportunity to be heard at the public hearings and submit written testimony or
82	82	51comments. The commission shall be subject to the open meeting law under sections 18 to 25,
83	83	52inclusive, of chapter 30A of the General Laws. The commission shall hold its first meeting not
84	84	53later than 60 days after the effective date of this resolve. The commission shall meet not less than
85	85	54monthly.
86	86	55 Not later than January 1, 2024, the commission shall file a report of its findings and
87	87	56recommendations, including racial impact statements regarding any of its recommendations, with
88	88	57the clerks of the senate and the house of representatives, the governor and the chief justice of the 4 of 4
89	89	58juvenile court department. The report shall be publicly posted on the website of the department
90	90	59of children and families.