By Representative Coakley-Rivera of Springfield and Senator Spilka, joint petition (accompanied by bill, House, No. 4353) of Cheryl A. Coakley-Rivera  and  Karen E. Spilka relative to compliance by the Commonwealth with federal regulationsnfor child and family services and the placement of foster children. Children, Families and Persons with Disabilities.

The Commonwealth of Massachusetts

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PETITION OF:

Cheryl A. Coakley-Rivera

Karen E. Spilka

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In the Year Two Thousand and Seven.

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An Act to comply with the federal safe and timely placement of foster children act of 2006 and the child and family services improvement act of 2006

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

AN ACT TO COMPLY WITH THE FEDERAL SAFE AND TIMELY PLACEMENT OF FOSTER CHILDREN ACT OF 2006 AND THE CHILD AND FAMILY SERVICES IMPROVEMENT ACT OF 2006

SECTION 1.           Section 29B of Chapter 119, as appearing in the 2004 Official Edition, is hereby amended by deleting the second paragraph and inserting in place thereof the following: -

If a child will not be returned to his parents, the permanency plan shall consider in-State and out-of-State placement options. In the case of a child placed in foster care outside the state in which the home of the parents of the child is located, the permanency plan shall also address whether the out-of-state placement continues to be appropriate and in the best interests of the child. In the case of a child who has attained age 16, the permanency plan shall also address the services needed to assist the child in making the transition from foster care to independent living.

SECTION 2. Section 29B of Chapter 119, as appearing in the 2004 Official Edition, is hereby further amended by inserting after the second paragraph the following paragraph:

The court shall consult with the child in an age-appropriate manner about the permanency plans developed for the child.

SECTION 3. Section 29B of Chapter 119, as appearing in the 2004 Official Edition, is hereby further amended by deleting lines 34 to 41 inclusive, and inserting in place thereof, the following paragraph:

If continuation of reasonable efforts to return the child safely to his parent or guardian are found to be inconsistent with the permanency plan for the child or if reasonable efforts are not required pursuant to the provisions set forth in section 29C, the department shall make reasonable efforts to place the child in a timely manner in accordance with the permanency plan (including, if appropriate, through an interstate placement) and to complete whatever steps are necessary to finalize the permanent placement of the child. In subsequent permanency hearings held on behalf of the child, the court shall determine whether the department has made such efforts in accordance with section 29C