SENATE, No. 75

By Ms. Creem, a petition (accompanied by bill, Senate, No. 75) of Cynthia S. Creem for legislation further regulate the placement of certain children. Children, Families and Persons with Disabilities.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT further regulating the placement of certain children

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

SECTION 1. Section 9 of chapter 28A of the General Laws is hereby amended by striking out the definition of “Placement agency”, as amended by section 2 of chapter 293 of the acts of 2006, and inserting in place thereof the following definition:-

“Placement agency”, a department, agency or institution of the commonwealth, or any political subdivision thereof, or any organization incorporated under the laws of the commonwealth, 1 of whose principal purposes is providing custodial care and social services to children, which receives by agreement with a parent or guardian, by contract with a state agency or as a result of referral by a court of competent jurisdiction, any child under 18 years of age, for placement in family foster care or a group care facility; but, for the purposes of adoption placement, a “placement agency” shall be a department, agency or institution of the commonwealth, or any political subdivision thereof, or any organization incorporated under chapter 180, 1 of whose principal purposes is providing custodial care and social services to children, which receives by agreement with a parent or guardian, by contract with a state agency or as a result of referral by a court of competent jurisdiction, any child under the age of 18 years of age, for placement in adoption.

SECTION 2.  Subsection (a) of section 10 of said chapter 28A, as amended by section 3 of said chapter 293, is hereby further amended by striking out the second sentence and inserting in place thereof the following 2 sentences:-  The office shall issue and may renew a license to a foster care or group home facility organization incorporated under the laws of the commonwealth which meets applicable standards and requirements to establish and maintain a placement agency for the sole purposes of foster care or group home facility placement.  The office shall issue and may renew a license to an adoption organization incorporated under chapter 180 which meets the applicable standards and requirements to establish and maintain a placement agency for the purpose of adoption placement.