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