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| 2 | 2 | | SENATE DOCKET, NO. 381 FILED ON: 1/13/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 90 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Adam Gomez |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to animal welfare and DCF regulations. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Adam GomezHampdenJack Patrick Lewis7th Middlesex1/23/2023Vanna Howard17th Middlesex2/9/2023Angelo J. Puppolo, Jr.12th Hampden2/9/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/15/2023James K. Hawkins2nd Bristol2/24/2023 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 381 FILED ON: 1/13/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 90 |
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| 18 | 18 | | By Mr. Gomez, a petition (accompanied by bill, Senate, No. 90) of Adam Gomez, Jack Patrick |
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| 19 | 19 | | Lewis, Vanna Howard, Angelo J. Puppolo, Jr. and other members of the General Court for |
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| 20 | 20 | | legislation relative to animal welfare and DCF regulations. Children, Families and Persons with |
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| 21 | 21 | | Disabilities. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to animal welfare and DCF regulations. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Section 42 of Chapter 19A, as appearing in the 2020 Official Edition of the |
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| 31 | 31 | | 2General Laws, is hereby amended by striking out, in line 52, the words “During any investigation |
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| 32 | 32 | | 3or evaluation reported under section 18, any” and replacing with the following word:- "Any". |
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| 33 | 33 | | 4 SECTION 2. Section 14 of Chapter 19C, as appearing in the 2020 Official Edition of the |
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| 34 | 34 | | 5General Laws, is hereby amended by striking out, in line 1, the words “During any investigation |
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| 35 | 35 | | 6or evaluation reported under section 5, any” and replacing with the following word:- "Any". |
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| 36 | 36 | | 7 SECTION 3. Section 85 of Chapter 119, as appearing in the 2020 Official Edition of the |
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| 37 | 37 | | 8General Laws, is hereby amended by striking out, in line 1, the words “During any investigation |
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| 38 | 38 | | 9or evaluation reported under section 51A, any” and replacing with the following word:- "Any". |
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| 39 | 39 | | 10 SECTION 4. Chapter 119, as appearing, is hereby amended by adding the following new |
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| 40 | 40 | | 11section:- 2 of 3 |
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| 41 | 41 | | 12 Section 26D. |
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| 42 | 42 | | 13 The Department reserves the right to request that a foster/pre-adoptive parent applicant or |
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| 43 | 43 | | 14foster/pre-adoptive parent obtain and provide a copy of a behavior/temperament assessment |
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| 44 | 44 | | 15and/or provide veterinary records on any animal maintained on the premises used as a foster/pre- |
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| 45 | 45 | | 16adoptive home. The cost of the behavior/temperament assessment will be borne by the foster/pre- |
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| 46 | 46 | | 17adoptive parent or applicant. The Department shall not restrict placement of a child solely based |
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| 47 | 47 | | 18on the presence of any particular breed of dog in the home. The department may consider: |
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| 48 | 48 | | 19 (a) The age, size, and sex of the child; |
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| 49 | 49 | | 20 (b) Any prior incidents of dangerous behavior between child and animals in previous |
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| 50 | 50 | | 21placements; |
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| 51 | 51 | | 22 (c) Dog is free from disease and parasites and licensed and vaccinated as prescribed by |
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| 52 | 52 | | 23law; |
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| 53 | 53 | | 24 (d) The age, sex, and size of the dog; |
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| 54 | 54 | | 25 (e) Whether the dog has been neutered; |
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| 55 | 55 | | 26 (f) A copy of a behavior/temperament assessment, the cost of which should be borne by |
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| 56 | 56 | | 27the foster/pre-adoptive parent or applicant; |
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| 57 | 57 | | 28 (g) Veterinary records and contact information of veterinarian of any animal on the |
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| 58 | 58 | | 29premises used as a foster/pre-adoptive home; |
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| 59 | 59 | | 30 (h) Any prior incidents of dangerous behavior/incidents by the dog; |
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| 60 | 60 | | 31 (i) Behavioral aspects of the child(ren); 3 of 3 |
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| 61 | 61 | | 32 (j) Number of dogs on the premises; and |
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| 62 | 62 | | 33 (k) Whether the dog is penned or caged at any time, and if so, under what circumstances |
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| 63 | 63 | | 34and for what purpose. |
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| 64 | 64 | | 35 The Department reserves the right to request that the foster/pre-adoptive parent applicant |
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| 65 | 65 | | 36or foster/pre-adoptive parent obtain and provide any other information deemed necessary to the |
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| 66 | 66 | | 37safety and well-being of the children as it relates to the status of animals in the home. |
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| 67 | 67 | | 38 SECTION 5. Notwithstanding any general or special law to the contrary, the department |
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| 68 | 68 | | 39of children and families may promulgate regulations for the purpose of implementing this Act. |
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