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2 | 2 | | HOUSE DOCKET, NO. 492 FILED ON: 1/9/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 290 |
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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 | | Steven Ultrino and Sean Garballey |
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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 allowing certain minors to consent to supportive services. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Ultrino33rd Middlesex1/9/2025Sean Garballey23rd Middlesex1/9/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 492 FILED ON: 1/9/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 290 |
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18 | 18 | | By Representatives Ultrino of Malden and Garballey of Arlington, a petition (accompanied by |
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19 | 19 | | bill, House, No. 290) of Steven Ultrino and Sean Garballey for legislation to authorize |
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20 | 20 | | unaccompanied homeless youth between the ages of 15 and 18 to consent to supportive services |
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21 | 21 | | and shelter. Children, Families and Persons with 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-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act allowing certain minors to consent to supportive services. |
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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. Chapter 6A of the General Laws is hereby amended by inserting after |
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31 | 31 | | 2Section 16XX the following new section : - |
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32 | 32 | | 3 Section 16XX. (a) In this chapter the following terms, unless a contrary meaning is |
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33 | 33 | | 4required by the context or is specifically prescribed, shall have the following meanings: |
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34 | 34 | | 5 “Service Provider” is a public or private nonprofit organization that provides supportive |
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35 | 35 | | 6services to a mature minor experiencing or at risk of experiencing homelessness in need of |
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36 | 36 | | 7supportive services. |
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37 | 37 | | 8 “Supportive Services” shall mean interventions, services, or resources necessary to assist |
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38 | 38 | | 9a mature minor experiencing or at risk of experiencing homelessness in acquiring or |
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39 | 39 | | 10maintaining: (1) stable housing; (2) permanent connections, including ongoing attachments to |
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40 | 40 | | 11families, communities, schools, and other positive social networks; (3) financial stability; (4) 2 of 3 |
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41 | 41 | | 12education, employment or income, including high performance in completion of education and |
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42 | 42 | | 13training activities, especially for younger youth, and starting and maintaining adequate and stable |
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43 | 43 | | 14employment, particularly for older youth; or (5) social and emotional wellbeing, including the |
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44 | 44 | | 15development of key competencies, attitudes, and behaviors that equip a young person to succeed |
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45 | 45 | | 16across multiple domains of daily life, including school, work, relationships, and community. |
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46 | 46 | | 17 “Mature minor experiencing or at risk of experiencing homelessness” or “mature minor” |
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47 | 47 | | 18shall be a minor who (1) is 15 years of age or older; (2) is not in the physical custody of a parent |
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48 | 48 | | 19or legal guardian; (3) lacks a fixed, regular, and adequate nighttime residence as defined in |
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49 | 49 | | 20section 16W, chapter 6A; or (3) whose status or circumstances indicate a significant danger of |
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50 | 50 | | 21experiencing homelessness in the near future. The minor shall also be able to understand the |
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51 | 51 | | 22circumstances and implications of the situation in which they are involved and is able to |
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52 | 52 | | 23participate in the decision making process without excessive anxiety or fear. |
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53 | 53 | | 24 (b) A mature minor experiencing or at risk of experiencing homelessness in need of |
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54 | 54 | | 25supportive services may consent to such services if the service provider reasonably believes that: |
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55 | 55 | | 26(1) the mature minor understands the significant benefits, responsibilities, risks, and limits of the |
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56 | 56 | | 27services and can communicate an informed consent; (2) the mature minor understands the |
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57 | 57 | | 28requirements and rules of receiving the services; and (3) the services are necessary to ensure the |
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58 | 58 | | 29mature minor’s safety and wellbeing. |
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59 | 59 | | 30 (c) A mature minor experiencing or at risk of experiencing homelessness in need of |
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60 | 60 | | 31supportive services who is a parent may consent to supportive services for their child. 3 of 3 |
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61 | 61 | | 32 (d) Any provider receiving funding from the Executive Office of Health and Human |
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62 | 62 | | 33Services’ Homeless Youth Services Division may provide services to a mature minor after they |
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63 | 63 | | 34obtain informed and written consent from the mature minor. |
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64 | 64 | | 35 (e) The informed written consent from the mature minor shall state their: (1) age; (2) |
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65 | 65 | | 36guardianship status, if known; and (3) current living situation. |
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66 | 66 | | 37 (f) A service provider may not provide supportive services to a mature minor if the |
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67 | 67 | | 38service provider has knowledge that the mature minor: (1) knowingly provided false information |
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68 | 68 | | 39in the written consent required under subsection (e) of this section; or (2) does not meet the |
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69 | 69 | | 40definition of mature minor in need of supportive services under subsection (a) and (b) of this |
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70 | 70 | | 41section. |
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71 | 71 | | 42 (g) Any provider who renders supportive services to a mature minor in need of supportive |
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72 | 72 | | 43services in compliance with this section shall be immune from any civil or criminal liability, |
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73 | 73 | | 44unless such liability arises from the provider’s gross negligence or willful or wanton acts or |
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74 | 74 | | 45omissions. |
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75 | 75 | | 46 (h) The Office of Children, Youth, and Families shall adopt regulations to carry out this |
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76 | 76 | | 47section. |
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