| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 392 FILED ON: 1/8/2025 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 271 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Joan Meschino |
|---|
| 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 bill: |
|---|
| 12 | 12 | | An Act promoting the placement of foster children with family members and preventing |
|---|
| 13 | 13 | | discrimination against potential foster parents based on irrelevant convictions. |
|---|
| 14 | 14 | | _______________ |
|---|
| 15 | 15 | | PETITION OF: |
|---|
| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Joan Meschino3rd Plymouth1/8/2025David F. DeCoste5th Plymouth1/22/2025Colleen M. Garry36th Middlesex1/25/2025 1 of 2 |
|---|
| 17 | 17 | | HOUSE DOCKET, NO. 392 FILED ON: 1/8/2025 |
|---|
| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 271 |
|---|
| 19 | 19 | | By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 271) of Joan |
|---|
| 20 | 20 | | Meschino, David F. DeCoste and Colleen M. Garry relative to the placement of foster children |
|---|
| 21 | 21 | | with family members and preventing discrimination against potential foster parents based on |
|---|
| 22 | 22 | | irrelevant convictions. Children, Families and Persons with Disabilities. |
|---|
| 23 | 23 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
|---|
| 24 | 24 | | SEE HOUSE, NO. 256 OF 2021-2022.] |
|---|
| 25 | 25 | | The Commonwealth of Massachusetts |
|---|
| 26 | 26 | | _______________ |
|---|
| 27 | 27 | | In the One Hundred and Ninety-Fourth General Court |
|---|
| 28 | 28 | | (2025-2026) |
|---|
| 29 | 29 | | _______________ |
|---|
| 30 | 30 | | An Act promoting the placement of foster children with family members and preventing |
|---|
| 31 | 31 | | discrimination against potential foster parents based on irrelevant convictions. |
|---|
| 32 | 32 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 33 | 33 | | of the same, as follows: |
|---|
| 34 | 34 | | 1 SECTION 1. Section 26A of Chapter 119 of the General Laws is hereby amended by |
|---|
| 35 | 35 | | 2inserting the following two sentences at the end of subsection (h):- |
|---|
| 36 | 36 | | 3 If the crime was committed more than five years before the date on which it is reviewed |
|---|
| 37 | 37 | | 4under this subsection, the mental health or criminal justice professional shall presume that it is |
|---|
| 38 | 38 | | 5irrelevant to the question of whether the individual poses a risk of harm to the child, and the |
|---|
| 39 | 39 | | 6department shall presume that the offense is irrelevant to the person’s application. The mental |
|---|
| 40 | 40 | | 7health or criminal justice professional may not presume that any crime or group of crimes, other |
|---|
| 41 | 41 | | 8than ones referred to in subsection (f) or (g), create a presumption that the person poses a risk of 2 of 2 |
|---|
| 42 | 42 | | 9harm to the child. The department may not establish any presumption that any such crime or |
|---|
| 43 | 43 | | 10group of crimes warrants rejection of the person’s application. |
|---|
| 44 | 44 | | 11 SECTION 2. Section 26A of Chapter 119 of the General Laws is hereby amended by |
|---|
| 45 | 45 | | 12adding the following new subsection:- |
|---|
| 46 | 46 | | 13 (i) The department may not reject a person’s application to become a foster parent on the |
|---|
| 47 | 47 | | 14basis of criminal history information other than under subsections (f), (g), and (h). |
|---|