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SENATE DOCKET, NO. 626 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 91
The Commonwealth of Massachusetts
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PRESENTED BY:
Adam Gomez
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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 to assure quality foster care.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Adam GomezHampdenVanna Howard17th Middlesex1/31/2023 1 of 4
SENATE DOCKET, NO. 626 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 91
By Mr. Gomez, a petition (accompanied by bill, Senate, No. 91) of Adam Gomez and Vanna
Howard for legislation to assure quality foster care. Children, Families and Persons with
Disabilities.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 109 OF 2021-2022.]
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 to assure quality foster care.
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 23 of chapter 119 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting the following new sub-section (j):
3 (1) As used in this section, the following words shall, unless the context clearly requires
4otherwise, have the following meanings:
5 “Employee organization,” an employee organization as defined in section 1 of chapter
6150E.
7 “Foster Parent,” a person authorized or licensed by the Department of Children and
8Families to provide foster care or pre-adoptive care to children in the care or custody of the 2 of 4
9Department of Children and Families or a former foster parent who receives a post-adoptive
10subsidy from said department.
11 (2) The department shall, subject to appropriation and notwithstanding any general or
12special law to the contrary, assure quality foster care provided to children placed with foster
13parents and families by working cooperatively with foster parents to build upon the existing
14system and continuously improve the provision of high quality foster care through foster parents
15who have the requisite qualifications, supports, and training.
16 (3) Foster parents shall be considered public employees, as defined by and solely for the
17purposes of Chapter 150E, sections 17A and 17J of chapter 180, section 10B of chapter 66 and
18clause 26(o) of section 7 of chapter 4. Said chapter 150E, including subsection (c) of section 7,
19shall apply to foster parents except to the extent that chapter 150E is inconsistent with this
20section, in which case this section shall control. Foster parents shall not be considered public
21employees or state employees for any purpose other than those set forth in this section. The
22department, acting through the commissioner, shall be the employer, solely for the purposes of
23said chapter 150E, said sections 17A and 17J of said chapter 180, and said section 10B of
24chapter 66. Foster parents shall not be eligible for benefits through the group insurance
25commission, the state board of retirement or the state employee workers’ compensation program.
26 (4) Consistent with section 9A of said chapter 150E, no foster parent shall engage in a
27strike and no foster parent shall induce, encourage or condone any strike, work stoppage,
28slowdown or withholding of services by any foster parent. 3 of 4
29 (5) The only appropriate bargaining unit for foster parents shall consist of all foster
30parents in the commonwealth who are on the most current list of authorized or licensed foster
31parents which shall be provided by the commissioner.
32 (6) An employee organization seeking to represent foster parents shall file with the
33department of labor relations under section 4 of said chapter 150E.
34 (7) The mandatory subjects, as to which the department and an employee organization
35certified by the department of labor relations as the bargaining representative of foster parents
36shall bargain, shall include, but not be limited to, the responsibilities of the foster parents, the
37responsibilities of the department to the foster parents, developing and encouraging greater
38education and training opportunities for foster parents, improving recruitment and retention of
39qualified foster parents, payment rates, rate structures and payment and reimbursement
40procedures for foster care, supplemental reimbursements for medical or other specialized care,
41service as educational surrogate parents, attendance at court hearings and foster care review
42meetings, costs of insurance and reimbursement for property losses caused by children in the
43care and custody of the department, reimbursement for expenses associated with extra-curricular
44and social activities, access to training, professional consultation and support, including but not
45limited to special education, mental and behavioral health, expansion of and access to respite
46care, foster parent participation in the development of service plans for children in the care and
47custody of the department , procedures for notice and information regarding placement and
48service plan changes, and dispute resolution procedures. 4 of 4
49 (8) Nothing in this section shall modify any right of the department to decide to place or
50remove a child from the home of a foster parent or the rights of foster parents to appeal and
51review pursuant to the Department’s Grievance and Fair Hearing Procedures, 110 CMR 10.
52 (9) Nothing in this section shall alter or abridge the department’s statutory rights and
53responsibilities to license foster parents, visit, inspect and monitor foster homes, or to suspend,
54revoke, sanction or take any other action against a foster parent’s license in furtherance of this
55chapter or in furtherance of the department’s regulations promulgated in this regard. The
56collective bargaining process and the grievance procedures described in said chapter 150E, shall
57not apply to the department’s statutory and regulatory licensing, monitoring and enforcement
58functions.
59 (10) To the extent provisions in written agreements between the department and foster
60parents are inconsistent with the terms of agreements collectively bargained pursuant to this
61section, the terms of the collectively bargained agreement shall control.
62 (11) Collective bargaining and related activity by foster parents, as authorized under this
63section, shall qualify for the state action exemption to the federal anti-trust laws.
64 SECTION 2. The first paragraph of subsection (c) of section 7 of chapter 150E of the
65General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the
66word providers, as appearing in line 5, the following words:-,” the department of children and
67families with regard to bargaining with foster parents.”
68 SECTION 3. Subsection (j) of section 23 of Chapter 119 of the General Laws, as
69appearing in section 1, shall take effect upon passage of this act.