Text of MA H 204 (2021)

1 of 1 HOUSE DOCKET, NO. 2635 FILED ON: 2/18/2021 HOUSE . . . . . . . . . . . . . . . No. 204 The Commonwealth of Massachusetts _________________ PRESENTED BY: David F. DeCoste _________________ 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 foster parents bill of rights. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: David F. DeCoste 5th Plymouth 2/12/2021 Joseph D. McKenna 18th Worcester 2/23/2021 Colleen M. Garry 36th Middlesex 2/25/2021 1 of 6 HOUSE DOCKET, NO. 2635 FILED ON: 2/18/2021 HOUSE . . . . . . . . . . . . . . . No. 204 By Mr. DeCoste of Norwell, a petition (accompanied by bill, House, No. 204) of David F. DeCoste, Joseph D. McKenna and Colleen M. Garry relative to a foster parents bill of rights. Children, Families and Persons with Disabilities. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 106 OF 2019-2020.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Second General Court (2021-2022) _______________ An Act foster parents bill of rights. 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: Chapter 119 of the General Laws is hereby amended by inserting after 2 section 23B the following section:- 3 Section 23C. Foster Parents Bill of Rights (a) The Commonwealth of Massachusetts 4 recognizes that children in its custody deserve safe and nurturing placements, which promote 5 healing and support the child's culture, background and trauma history. Foster parents and pre- 6 adoptive parents play an integral and vital role in the Commonwealth’s effort to care for children 7 removed from their homes. The Commonwealth acknowledges the need for foster parents to be 8 active and participating members in this effort. In recognition of the important role of foster 9 parents, the department shall promulgate a policy governing its relationship with and 10 responsibilities to those serving the Commonwealth as foster parents. This policy shall be 2 of 6 11 collectively known as the Foster Parents Bill of Rights and shall be provided by the department 12 to all prospective foster parents during the application process and current foster parents on an 13 annual basis, including any supplemental information referenced in the Foster Parents Bill of 14 Rights. (b) The Foster Parents Bill of Rights shall contain, at a minimum, the following: 15 1) A foster parent shall be treated with dignity, respect, privacy and consideration. 16 2) A foster parent shall not be discriminated against on the basis of religion, race, color, 17 creed, sex, sexual orientation, national origin, age or physical handicap. 18 3) A foster parent shall be offered standardized pre-service training and ongoing training 19 at appropriate intervals to meet the needs of the child, to improve foster parents' skills, and 20 update foster parents of any relevant changes in policies and procedures of the department and 21 any changes in applicable law. 22 4) As allowable under state and federal law, a foster parent shall receive from the 23 department prior to placement, all available pertinent information about the child’s, physical 24 health, behavioral health, trauma history, history of high risk behavior and education needs as 25 relevant to the care of the child. The Department shall communicate all such additional 26 information that becomes known to them during the time of placement in a timely fashion. 27 5) When the department determines that contact between the current and previous foster 28 parent promotes the child’s best interest, the department shall provide the current foster parent 29 with names and phone numbers of the previous foster parents, if the previous foster parents have 30 authorized such release. 3 of 6 31 6) A foster parent shall have reasonable access to a social worker and family resource 32 worker as well as access to a 24-hour emergency hotline to assist with any urgent needs. 33 7) A foster parent shall be provided with a written copy of department action plans 34 regarding the child in the foster parent's home and be afforded an opportunity to discuss such 35 plan with the social worker, as well as reasonable notification of any changes to that plan. 36 8) A foster parent shall be informed of foster care reviews and appropriate meetings 37 regarding the child in their home and be provided an opportunity to actively participate in said 38 meetings. If there is a clinical conference which is inappropriate for a foster parent to attend, a 39 foster parent will have the ability to provide input to the department before a final decision is 40 made. 41 9) A foster parent shall be provided with advance notice of all court hearings, consistent 42 with federal and state statute, regarding the child in their home. Such notice shall include the 43 date, time and location of the hearing. A foster parent who is unable to attend a court hearing 44 shall have the ability to provide input to the department’s legal representative prior to the 45 hearing. 46 10) A foster parent may communicate with professionals who work with the child in their 47 home for the purpose of supporting the needs of the foster child. Such professionals include 48 therapists, physicians, and teachers. 49 11) A foster parent shall receive information about the range and frequency of payments 50 the foster parent may be eligible to receive, including daily reimbursement and quarterly 51 clothing, birthday, and holiday payments and shall receive notification of any delays in such 52 payments as soon as such delay becomes known to the Department. 4 of 6 53 12) A foster parent shall be informed of other available financial supports and services 54 including, PACT, reimbursements for onetime costs, child care and respite and the criteria for 55 accessing said supports and services. 56 13) A foster parent may refuse placement of a child in their home. Understanding the 57 trauma that occurs in moving a child, a foster parent may request, upon reasonable notice, the 58 removal of a child from their home. 59 14) A foster parent shall be given advance notice, whenever possible, when a child is to 60 be removed from their home. 61 15) A foster parent may participate with department staff to plan visitation between the 62 child and the child's biological family at a time that is mutually convenient, consistent with the 63 wellbeing of the child and family’s plan for visitation. 64 16) The department shall keep information regarding the foster parent and household 65 members confidential, except as required by law. 66 17) A non-kin foster parent shall have the opportunity to be considered as the first choice 67 as an adoptive parent or legal guardian for a child whose goal has been changed to adoption or 68 guardianship if no kin is available. 69 18) A foster parent shall be permitted to make routine decisions about the foster child’s 70 daily activities and shall be permitted to continue practicing their own family values and 71 routines, excluding physical discipline, while respecting the foster child's culture, background, 72 trauma history and preferences. 73 19) Foster parents shall be provided with periodic respite from their role. 5 of 6 74 20) Foster parent shall be provided with the content of their record, upon request, 75 including any assessment or evaluations completed on the foster home. 76 21) Foster parents may request a review of department decisions, including filling for a 77 grievance or requesting a Fair Hearing. Foster parents shall be provided with the most up to date 78 information on these procedures and timelines which shall be included with the Foster Parent 79 Bill of Rights. 80 22) Foster parents shall be provided with information about the process and time lines for 81 investigation and resolution of a complaint made against them including complaints made 82 pursuant to M.G.L. Chapter 119 § 51A and their rights to receive and provide information and 83 during the review or investigation and the potential consequences of a supported complaint 84 review or an investigation. 85 23) The Department shall take immediate action to remedy any action taken against a 86 foster parent in retaliation for exercising their rights under this section 87 SECTION 2: The Department shall establish a Task Force for the purpose of reviewing 88 and revising procedures for handling complaints against foster parents including complaints of 89 abuse and neglect filed pursuant to M.G.L. Chapter 119 § 51A. 90 The Task Force shall be chaired by the Commissioner of the Department of Children and 91 Families or their designee. Members of the Task Force shall include The Child Advocate or their 92 designee, the House Chair of the Joint Committee on Children Families and Persons with 93 Disabilities or their designee, the Senate Chair of the Joint Committee on Children Families and 94 Persons with Disabilities or their designee the Executive Director of the MSPCC or their 95 designee, the Executive Director of the Children’s League of Massachusetts or their designee, a 6 of 6 96 representative of the Massachusetts Association for Families, three foster parents to be selected 97 by the Commissioner of the Department of Children and Families one of whom shall be a 98 Departmental foster parent one of whom shall be an intensive foster care provider and one of 99 whom shall be a kinship foster parent. The Task Force may consult with others as necessary to 100 achieve its purpose. 101 The task force shall make recommendations for procedures for reviewing complaints 102 against foster parents including those made pursuant to M.G.L. Chapter 119 § 51A. The Task 103 Force shall prioritize development of processes which protect the health and safety of children 104 and, to the extent possible, protect foster parents from the negative consequences of an 105 unsupported allegation. 106 Recommendations shall include processes and timelines for: notifying a foster parent of a 107 complaint, sharing information, conducting and concluding the review or investigation, 108 informing foster parents of their rights during a review or investigation and rights to appeal the 109 result of a review or investigation. 110 The Task Force shall report its recommendations to the Governor, and the Clerks of the 111 House of Representatives and the Senate no later than November 1, 2019. 112 The Department shall implement the recommendations of the Task Force no later than 113 February 1, 2020.