SECTION 1. Be it
enacted that not withstanding and contrary to any law, special law, regulations
or policy so defined by the Department of Social Services that upon the planned
placement of any minor child(ren) for the purposes of foster care or adoptive
care by the Department of Social Services that said Department of Social
Services shall be required under law to obtain unanimous consent from adults
who are eighteen years of age (18) and living in the same household, and who
are paying any sums of money to cover the costs of living in the household,
whether it be room and board, food money or any other monies to cover the costs
of their contributions of living in said household, where such placement of
minor child(ren) for the purposes of temporary foster care or permanent
adoptive care or both is to take place. Such unanimous consent must be obtained
in writing and signed under the pains and penalties of perjury by the social
worker, that such unanimous consent to the placement was obtained by adult
members, at the time of the first home study visit by said social worker from
the Department of Social Services, when the case has been that the child(ren)
so being placed had been removed or voluntarily turned over the care of the
Department of Social Services due to abusive parent(s) and or the guardian(s)
of the minor child(ren), if the reasons for such placement has been due to the
legal incarceration of said parents or guardians of said minor child(ren),
because of such incarceration and or action arising out of an offense against
said minor child(ren). The same shall hold true when said child(ren) are
removed or voluntarily turned over to the Department of Social Services from
their normal habitat and parent(s) or legal guardian(s) due to the engaging in
illegal substance abuse of one or both parent(s) or guardian(s) of said minor
child(ren), and or that the parent(s) or guardians of said minor child(ren) has
been deemed unfit to care for or to provide for the care of such minor
child(ren), due to his or her addictions to such controlled substances or
incapacity to care for such child(ren) due to such addictions to such
controlled substances and or the use of illegal substances and or abuse to any
minor child(ren) they are so accused of or have been convicted of. Said
unanimous consent must be obtained from the paying adults, who are eighteen
(18) years of age or older and living in the same household, where the minor
child(ren) are to be placed by the social worker assigned to the case of
placing the children for the purposes of foster care or adoptive care from said
Department of Social Services. Said unanimous consent must also be from said
adults eighteen (18) years of age or older who are not applicants to the said
foster care and or adoptive care or both, of said minor child(ren) so placed by
the Department of Social Services. Be it further enacted that in the case of an
emergency placement, the social worker, assigned to the case of placing a minor
child(ren) into a household by said Department of Social Services, where there
are paying and contributing adults, eighteen (18) years of age or older, said
unanimous consent from the afore-mentioned adults living in the household, need
not be obtained right at placement, as long as the social worker assigned to
the case by the Department of Social Services makes the appropriate disclosures
as to the reasoning behind the placement and obtains the proper unanimous
consent, in the manner so proscribed under law, within ten(10) calendar days of
said emergency placement of a minor child(ren).
Be it further enacted that in the case where minor
child(ren) are being placed into the household for the purposes of foster and
or adoptive care, due to the illegal substance abuse of the child(ren)’s
natural parent(s) or guardian(s), or any abuse to such child(ren) from said
parent(s) or guardian(s), said adult who is eighteen (18) years of age or older
and who is not the applicant to be a foster or adoptive parent or both, of said
minor child(ren) shall have the right to in the case where it has been
disclosed at the time of home study, before giving such consent to said
placement to insist that in the case where said parent(s) or guardian(s) who
had had a history of illegal substance abuse or is currently abusing illegal
drugs and or other illegal substances that affect the mind and or the behavior
of the parent(s) or guardian(s) so making visits to the child, that such
parent(s) or guardian(s) who are engaging in such mind altering behavior be
supervised at all times and not be left unattended in the presence of said
minor child(ren) or that of the household whether or not the biological
parent(s) who so engage in the use of mind altering illegal substances had been
compelled to give up their parental rights or had done so voluntarily and
whether or not said minor child(ren) had been placed into the household for
temporary foster care or permanent adoptive care by the Department of Social
Services. Be it further enacted that such actions as stealing of valuables from
another household member or the placed minor child(ren), for the purposes of
supporting such addictions to mind altering substances, being present and
visiting with said minor child(ren) in a high state or a state where one cannot
fulfill the obligations of such visits shall be deemed as detrimental to the
best interests of the child(ren) so being cared for, unless a court orders
otherwise, and if they do so, must make orders pertaining to the visits being
on a supervised basis with the Department of Social Services.
Be it enacted that any adult member eighteen (18) years
of age or older who have court appointed guardians due to incompetency, so
deemed by a court, shall have say, through an appointed guardian ad litem, who
is not at all involved in the application process of any foster care or
adoptive care of said minor children, through the Department of Social
Services, when the Department of Social Services has disclosed that the nature
of said placement is due to a parent’s inability to care for said minor child
being place, due to abuse against the child(ren), illegal drug addiction,
substance abuse, or have been arrested, charged and or convicted of any offense
involving said minor child(ren) to be placed. Said consent or condition of
consent to such placement by the adult’s guardian ad litem shall be obtained in
writing by the social worker from the Department of Social Services and that
said social worker from the Department of Social Services shall under the pains
and penalties of perjury confirm to receiving said consent to said placement.
The guardian ad litem shall also have the authority in the case of an
incompetent adult, insist that the above mentioned parents or guardians of the
placed child be supervised at all times during the visit by the Department of
Social Services, before giving such consent to the placement.
Be it enacted that at time of first home visit, during
the application process, if a child(ren) is being placed into a household for
foster or adoptive care by the Department of Social Services, the Social Worker
must disclose to all paying household members and or any guardian ad litems of
court declared incompetent adults the nature and the reason why such placement
is being carried out and must disclose and ascertain any known problems about
the parent(s) or guardian(s) to whom the child(ren) has been removed from. Such
disclosures shall include but not be limited to illegal drug use of the child’s
natural parent(s) or guardian(s), any and all prior reports of abuse against
said minor child(ren) being placed into the household, and any and all criminal
records regarding abuse against such minor child(ren) and any and all prior
criminal records that have to do with illegal drug related offenses,
rehabilitation programs attended by said natural parent(s) or guardian(s), and
any offenses that include burglary, larceny, and or any other offense that
involves the stealing of personal property valued at $250.00 or over for the
purpose of supporting an illegal drug habit or any other kind of illegal
behavior that has adversely affected the person or their domicile, where their
family resides. Be it further enacted that at the time of first initial home
study, and before the placement of said minor children, the Department of
Social Services must also disclose to all household members living in the
household where such minor child(ren) are to be placed, any known history of
domestic violence and or any known protective orders taken out against the
biological parent(s) or guardian(s) within the past two years prior to
placement as defined and mandated under MGL Chapter 209A. Such
disclosure shall be made first verbally, during initial home study and than
reduced into writing, after the required unanimous consent has been obtained by
all contributing adults eighteen (18) years of age or older. The same shall
hold true for adults eighteen (18) years of age or older who have been deemed
incompetent to make such informed decisions as to the feasibility of such
planned placement being carried out by the Department of Social Services.
Be it enacted that not withstanding any law or policy
that this shall not be construed to discriminate against said biological
parent(s) or guardian(s) who engage in the use of illegal drugs or substances
or had been investigated, arrested and or convicted of an offense in connection
with the abuse of said minor child(ren). Be it enacted that no household member
shall use this act as a means of retaliation against said biological parent(s)
or guardian(s) as mentioned in the afore mentioned act. Household members who
engage in retaliatory acts against the afore mentioned biological parent(s) or
guardian(s) shall be fined no more than one thousand dollars ($1,000.00) or
imprisonment in a correctional facility for a period not to exceed one (1) year
or both. Be it further enacted that this act shall not preclude any household
member from taking any and all legal actions entitled to them under law for the
destructive behavior of such parent(s) or guardian(s) of said minor child(ren)
while visiting with said minor child(ren), whether the visits be supervised by
the Department of Social Services or not. Such actions shall include but not be
limited to any protective orders against a domestic abuser or domestic violence
as stated under MGL. Chapter 209A. This shall include all remedies to a
victim of domestic violence as so outlined in MGL. Chapter 209A. Other
remedies shall include but not be limited to tort liability for wanton
misconduct, such as habitual stealing or larceny or any other reckless offense
against the person or domicile or household, where such minor child(ren) are so
living.
Be it enacted that the failure of the Social Worker
from the Department of Social Services to obtain the proper unanimous consent
from paying and or contributing or incompetent household members’ guardian ad
litem, when such person is eighteen (18) years of age or older shall nullify
the foster or adoptive care of said minor child(ren) from taking place until
such time as said required unanimous consent has been given by well informed
adults of the placement, into their household that is to occur. Be it further
enacted that the failure of the Department of Social Services to provide the
said supervision, as outlined in this statute to the visiting parent(s) who
have either a history of or is engaging in disruptive behavior, shall render
the Department of Social Services liable under strict liability for any damages
or acts or omissions or wanton misconduct that had occurred by said disruptive
visiting parent(s) or guardian(s), when such disruptive acts or omissions occur,
while such disruptive parent(s) are visiting said minor child(ren), without
proper supervision.
Be it further enacted that said parent(s) who visit
their children, after having them removed from their home due to abuse of the
child(ren), illegal drug abuse or addiction or any other mind altering
behavior, or domestic violence as defined under MGL Chapter 209A whether the
removal be compelled or voluntary, shall arrange for appropriate times and to
have supervised visits to the household, where said minor child(ren) are living
either temporarily as foster children or as permanent adoptive children,
through the Department of Social Services. Such supervised visits shall remain
in effect until the child(ren) reaches their eighteenth (18’th) birthday. Be it
further enacted that said parents who are under said supervision by the
Department of Social Services shall pay to the Department of Social Services a
fee of no more than five percent (5%) of their gross income per month. Such
fees shall be collected to help defray the costs of the supervision and also to
help defray the costs of any damages or wanton misconduct that they may cause,
in the household so being visited, in the case of their visits being
unsupervised.
Be it enacted that this statute shall and all of its
sections shall apply to kinship foster care placements or adoptions that
involves the Department of Social Services. Be it further enacted that any
damages or wanton misconduct that the child’s mother or father causes while in
the scope of the visits in the case of kinship or interfamilial foster care
placements or adoptions that involve the Department of Social Services, shall
be barred of the defense of interfamilial immunity in any criminal or civil
proceeding as it relates to the conduct of the child’s parent(s).
Be it enacted that if the parent(s) so visiting their
child(ren) does any work on the household, and in the course of doing so,
causes any damages or pilfers personal property in excess of $100.00 or more
shall be held liable under tort liability for his or her actions and in the
case of interfamilial relations, the same shall hold true and the subject shall
be barred from raising the defense of interfamilial immunity in any criminal or
civil action arising out of the damages or pilfering or any other wanton
misconduct that he/she has caused upon any member of the household, including
but not limited to the minor child(ren) so placed there by the Department of
Social Services or that of the property itself.
Be it enacted that no family member shall discourage or
preclude any household member from pursuing any and all rightful actions that
may be entitled to said members of said household, against said visiting
parent(s) whether or not related by blood or adoption or any other interfamilial
ties, for the criminal conduct or other civil remedies arising out of tortuous
conduct, which shall include but not be limited to assault, assault and
battery, sexual assault, rape, statutory rape, murder, stealing, larceny, or
any other wanton misconduct. This shall include but not be limited to actions
arising out of domestic violence as outlined in MGL Chapter 209A. Be it enacted
that moral turpitude as defined as the immoral actions of pursuing legal
remedies against a blood or adoptive relative, while he/she is visiting his/her
child(ren) and in the course of doing so or doing any kind of work in the
household, causes said wanton misconduct such as pilfering or any other abusive
acts, whether due to his or her illegal addictions or not, for the purposes of
this statute, immoral turpitude of taking legal remedies against a person who
is related by blood or adoption or any other interfamilial ties, shall not
suffice as a valid defense or argument in said legal actions arising out of the
above mentioned tortuous or criminal misconduct as defined by law.
Be it enacted that the Department of Social Services,
upon removal of a minor child(ren) from the home of their natural parent(s) or
legal guardian(s) must also disclose at the time of first home study to all
household members where such placement is to take place by said Department of
Social Services, the nature and extent of any and all known behavioral problems
that said minor child(ren) who are being placed either for temporary foster
care or permanent adoption or both. Be it further enacted that failure to make
such disclosure as to the behavioral nature of any minor child(ren) so being
placed shall render the placement null and void until such time as said
required disclosure is made to all household members living in the household
where said minor child(ren) are to be placed for temporary foster care or
permanent adoptive care or both.
Be it enacted that in the case where the Department of
Social Services are the liable party charged with said responsibilities, as
deemed by law, for placing children into foster care, the Department of Social
Services shall assume any and all liability in connection with said placed
foster child(ren) for any and all reckless damages, stealing, pilfering, or the
gross negligent acts of said minor child(ren) so in their custody, for acts
including but not limited to reckless damage to the household and its premises
or any personal property belonging to any other household member so living in
the household where such foster care placement has occurred. This shall hold
true until the minor child(ren) have been released from the custody of the
Department of Social Services or the minor child(ren) have reached their
eighteenth (18’th) birthday. Be it enacted that in the case of permanent
adoption, which is done through the Department of Social Services, where said
Department of Social Services knows of any and all behavioral problems
concerning the minor child(ren) they are so placing for adoption into a
household, the Department of Social Services shall be responsible for providing
said permanently placed minor child(ren) counseling services to said minor
child(ren) in connection with said behavioral problems in an effort to prevent
damage or willful misconduct of said placed minor child(ren). Be it enacted
that the failure of the Department of Social Services to provide such
counseling services to permanently placed minor child(ren), where said
Department of Social Services are the main agency responsible for placing the
child(ren) up for adoption into the household, shall render said Department of
Social Services liable under strict liability for any torts or willful
misconduct of the said adopted minor child(ren) until said minor child(ren) had
reached their eighteenth (18’th) birthday. Be it enacted that failure to
provide the afore mentioned counseling services to adopted minor child(ren), in
connection with disruptive behavioral problems shall render said Department of
Social Services liable under strict liability for acts of the minor child(ren)
so placed, which shall include but not be limited to reckless damage to the
household or its premises, personal injuries or death inflicted on any
individuals living in the household, including but not limited to the adoptive
parent(s), willful and reckless damages to any and all personal property
belonging to any member so living in the adoptive household, stealing of said
personal valuables, which shall include but not be limited to computer
equipment, or automobiles, or any other such work related or personal property
that values at $250.00 or greater, that had been purchased by any member of the
household where said adoptive minor child(ren) is living. Be it enacted that
upon the oral request of the adoptive or foster parent(s) to the Department of
Social Services, by phone, a caseworker is to be assigned to the case to assess
the situation of the disruptive behavior within forty-eight (48) hours of such
oral request and than upon the finding that there is disruptive behavior occurring
in the household, by said placed minor child(ren), a referral for counseling
services shall be made by the social worker assigned by the Department of
Social Service within forty-eight (48) hours of such findings and must be done
so in writing and a copy of such referral for counseling services, to the
counseling agency of the adoptive or foster parent(s) choice, must be given to
the adoptive or foster parent(s) of said minor child(ren). Be it enacted that
in the case where the disruptive behavior of a minor child(ren) so placed into
a household by the Department of Social Services for the purposes of temporary
foster care or permanent adoptive care, causes damage or the willful missing of
personal belongings to any other member of the household, where foster or
adoptive child(ren) are so placed by the Department of Social Services, the
member of the household so aggrieved by such disruptive actions arising out of
the willful or wanton misconduct of said placed minor child(ren), shall have a
right to compel in a court of law, which has the proper jurisdiction over cases
concerning minor children and their placement, the Department of Social
Services to provide counseling services to said minor child(ren) who are placed
by the Department of Social Services in an effort to prevent such disruptive or
abusive behavior of said minor child(ren) so placed into the household by the
Department of Social Services.
