Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S118 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1896 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 118
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael O. Moore
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 :Michael O. MooreSecond WorcesterMark C. MontignySecond Bristol and Plymouth2/8/2023Susannah M. Whipps2nd Franklin2/8/2023Ryan C. FattmanWorcester and Hampden3/2/2023Hannah Kane11th Worcester3/2/2023 1 of 4
18	18	SENATE DOCKET, NO. 1896 FILED ON: 1/20/2023
19	19	SENATE . . . . . . . . . . . . . . No. 118
20	20	By Mr. Moore, a petition (accompanied by resolve, Senate, No. 118) of Michael O. Moore, Mark
21	21	C. Montigny, Susannah M. Whipps, Ryan C. Fattman and others that provisions be made for an
22	22	investigation and study by a special commission (including members of the General Court) to
23	23	establish the Harmony commission to study and make recommendations related to the welfare
24	24	and best interests of children in care and protection cases. Children, Families and Persons with
25	25	Disabilities.
26	26	The Commonwealth of Massachusetts
27	27	_______________
28	28	In the One Hundred and Ninety-Third General Court
29	29	(2023-2024)
30	30	_______________
31	31	Resolve establishing the Harmony commission to study and make recommendations related to
32	32	the welfare and best interests of children in care and protection cases.
33	33	1 Resolved, there shall be a Harmony commission, to study, examine and make
34	34	2recommendations regarding the welfare and best interest considerations of children in care and
35	35	3protection cases and petitions to dispense with consent cases conducted pursuant to section 29C
36	36	4of chapter 119 of the General Laws and section 3 of chapter 210 of the General Laws.
37	37	5 The commission shall consist of: the chairs of the joint committee on children, families
38	38	6and persons with disabilities, who shall serve as co-chairs; the chairs of the joint committee on
39	39	7the judiciary; the chair and vice-chair of the Massachusetts Black and Latino Legislative Caucus
40	40	8or their designees; 5 members to be appointed by the governor, 2 of whom shall have been in
41	41	9foster care as children and 2 of whom shall be foster parents; the attorney general or a designee;
42	42	10the child advocate or a designee; the commissioner of children and families or a designee; the
43	43	11chief counsel of the committee for public counsel services or a designee; 1 member to be 2 of 4
44	44	12appointed by the committee for public counsel services who shall be an attorney certified by the
45	45	13children and family law division of the committee for public counsel services who shall have a
46	46	14minimum of 7 years of experience in care and protection cases, represents both children and
47	47	15parents and has completed not less than 5 permanent custody or petition-to-dispense trials; 3
48	48	16members appointed by the Massachusetts Bar Association, who shall be former judges who have
49	49	17preferably retired not more than 5 years prior to their appointment, who have not less than 7
50	50	18years of service on the juvenile court and are from geographically-diverse juvenile court districts
51	51	19and 1 of whom shall be a former first justice; the commissioner of probation or a designee; 1
52	52	20member appointed by the Massachusetts Court Appointed Special Advocates, Inc. who shall
53	53	21have a minimum of 5 years of experience with the advocates, including supervisory experience;
54	54	221 member appointed by the Massachusetts Alliance of Juvenile Court Clinics who shall be a
55	55	23clinician representative from the court clinic of the juvenile court department; the deputy court
56	56	24administrator for the juvenile court or a designee; 1 member to be appointed by the
57	57	25Massachusetts Commission on LGBTQ Youth; 1 member to be appointed by Jane Doe, Inc.: The
58	58	26Massachusetts Coalition Against Sexual Assault and Domestic Violence; 1 member to be
59	59	27appointed by the Disability Law Center, Inc.; 1 member to be appointed by the Massachusetts
60	60	28Child Welfare Coalition who shall be an attorney; and 1 member to be appointed by the National
61	61	29Association of Counsel for Children. All appointments shall be made not later than 30 days after
62	62	30the effective date of this resolve. Members of the commission shall serve without compensation.
63	63	31 The commission shall study how a child’s rights, welfare and best interest considerations
64	64	32are currently handled in care and protection cases and petition to dispense with consent cases and
65	65	33make recommendations for how to better protect and serve children in such cases. The study
66	66	34shall include, but not be limited to: (i) a review of constitutional provisions, statutes, interstate 3 of 4
67	67	35compacts, case law, executive orders, rules of court and standing orders, state agency and
68	68	36judicial rules and regulations, intergovernmental or multi-state memoranda of understanding and
69	69	37state agency and judicial policies, procedures, practices and trainings; (ii) an examination of how
70	70	38care and protection cases and petition to dispense with consent cases disproportionately impact
71	71	39children of color, immigrant children, children with disabilities, lesbian, gay, bisexual,
72	72	40transgender and queer children, children who have experienced trauma and children living in
73	73	41poverty; (iii) an analysis of ways to ensure the constitutional rights of parents and children while
74	74	42prioritizing the well being and safety of children, including the children’s best interest, safety and
75	75	43well being while in the care or custody of the department of children and families; and (iv) a
76	76	44study of sibling visitation rights.
77	77	45 The commission shall hold public hearings and solicit public comment not less than 3
78	78	46times prior to the filing of its report. The hearings shall be held in geographically-diverse areas
79	79	47and at least 1 public hearing shall be held after the issuance of a draft report, which shall include
80	80	48any recommendations and draft legislation to implement the recommendations. Interested parties
81	81	49shall have the opportunity to be heard at the public hearings and submit written testimony or
82	82	50comments. The commission shall be subject to the open meeting law under sections 18 to 25,
83	83	51inclusive, of chapter 30A of the General Laws. The commission shall hold its first meeting not
84	84	52later than 60 days after the effective date of this resolve. The commission shall meet not less than
85	85	53monthly.
86	86	54 Not later than January 1, 2024, the commission shall file a report of its findings and
87	87	55recommendations, including racial impact statements regarding any of its recommendations, with
88	88	56the clerks of the senate and the house of representatives, the governor and the chief justice of the 4 of 4
89	89	57juvenile court department. The report shall be publicly posted on the website of the department
90	90	58of children and families.