SENATE, No. 62

The Commonwealth of Massachusetts

In the Year Two Thousand and Five.

AN ACT RELATIVE TO REQUIRING THE DEPARTMENT OF SOCIAL SERVICES TO OBTAIN UNANIMOUS CONSENT FROM ADULTS EIGHTEEN (18) YEARS OF AGE OR OLDER, ON SAFETY MAINTENANCE AND DISABILITY RELATED ISSUES BEFORE PLACING A CHILD(REN) INTO A HOUSEHOLD FOR FOSTER OR ADOPTIVE CARE

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.

Be it enacted that not withstanding, upon the planned placement of a minor child(ren), under the age of eighteen (18) years of age, by the Department of Social Services (DSS), into a home or dwelling for the purposes of foster care or adoptive care of said minor child(ren) that the Department of Social Services (DSS), or any other state agency that has the license to do so, prior to the said placement must obtain from said household members where foster care or adoption is planned, unanimous consent from all adults eighteen (18) years of age or older before proceeding with such application of any one person or couple, in said household, for foster care and or adoption of any minor child(ren) under the age of eighteen (18) years of age. Be it further enacted that in the event that at the time of an application by any member of a household for foster care placement or adoption of a minor child(ren), there is voiced and or stated an objection from any other household members eighteen (18) years or older, to the proposed application for foster care of a minor child(ren) under the age of eighteen (18) years of age, the Department of Social Services (DSS) must over the applicant’s wishes hear out the objections and the concerns as to the reasoning behind said objection(s) and come to a reasonable consensus before placement can take place. Be it further enacted that should objection to said foster care or adoption placement be raised by an adult who has either a physical or mental disability, it shall be the obligation of the person making such application for foster care placement or adoption of any minor child(ren) and the Department of Social Services (DSS), along with such disabled person(s) making such objection to the placement of a foster child(ren) and or the adoption of a minor child(ren) to identify any and all reasonable accommodations that the disabled person may need to help out and or assist with the care and or supervision of said minor child(ren) so being placed. Be it further enacted that as part of the home study process that a full maintenance check of the homestead where the child(ren) are to be placed shall be conducted by the Department of Social Services (DSS) by qualified maintenance professionals to identify and or inspect the home for child endangerment hot spots, such as faulty or exposed electrical wiring, fire safety equipment including but not limited to fire extinguishers and smoke detectors, faulty or broken plumbing or leaks, holes in floors, lead paint, problems with windows opening or closing or broken, or problems with stairways both inside and outside the dwelling (leading to any rooms in the house or leading into the household) and including but not limited to toxic mold. Be it further enacted that upon the conclusion of the above mentioned maintenance check, should any of the above mentioned hotspot areas be found to be in need of repair, it shall be the responsibility of the applicant to have these hotspots repaired prior to the placement of the minor child(ren) in the dwelling for foster care and or adoptive care. Be it further enacted that should said applicant state that he or she cannot afford said repairs of hotspots prior to the placement of said minor child(ren) in the home for foster and or adoptive care, it shall be the responsibility of the Department of Social Services (DSS) to assist said applicant in finding financial assistance or funding towards making the repairs of the above mentioned hotspots of said household where child(ren) are being placed for foster care and or adoption. Be it further enacted that should said applicant who is making application to become a foster parent and or to adopt a child(ren), refuse to make said repairs to the identified hotspot areas so recommended to be repaired for the safety of the children, said applicant’s household shall be deemed ineligible for placement of said child by the Department of Social Services (DSS) for a period not to exceed six (6) months and upon review, should said recommended repairs still not be made said household shall not be eligible for a period not to exceed an additional six (6) months. Be it further enacted that the potential selling of or sale of the foster/adoptive dwelling shall be barred as a defense to making such repairs to the above mentioned hotspot areas, unless It is made clear to the Department of Social Services that relocation is to occur within six (6) months of said foster care or adoption application process. Be it further enacted that the same above mentioned unanimous consent and procedures shall also apply to family members seeking to become foster parents or adoptive parents of any minor child(ren) under the age of eighteen (18) years of age, through the Department of Social Services (DSS) or other state child placement agencies. For the purposes of this act, family members of minor children shall be defined as next of kin, grandmother, grandfather, brother, sister, aunt, uncle or any in-laws who has a familiar relationship to said minor child being placed in their care. Be it further enacted that the Department of Social Services (DSS) shall make no policies or procedures that would bar a qualified disabled person from becoming a foster parent or an adoptive parent of a minor child and be it further enacted that the Department of Social Services (DSS) shall be required under applicable state and or federal law to provide said qualified disabled persons reasonable accommodations which shall be identified by both the disabled person and the social or case worker making such home study prior to the placement of said minor child(ren) into the disabled person’s care for foster or adoptive care. Be it further enacted that the same unanimous consent objection and house study procedures shall apply to disabled persons so making application for foster care or adoptive care of said minor child(ren). The department of Social Services (DSS) shall apply the same procedures to qualified disabled persons in the same manner as non-disabled applicants applying for foster care or adoption of a minor child(ren). Be it further enacted that an objection made by a household member eighteen (18) years of age or older shall not be made on the basis of disability alone. Said objections made to the Commonwealth of Massachusetts placing of a child(ren) into a home for foster or adoptive care shall only be raised to address safety concerns regarding the placement and or any reasonable accommodations that a disabled person may require to help care for the minor child(ren) so placed by the state in an effort to eliminate any real threat to the children being cared for, other persons living in the household or immediate building where said minor children are placed by the Commonwealth of Massachusetts to be cared for.

Be it further enacted that for the purposes of this statute, the following definitions shall apply.

(1)   Foster or adoptive children: Children who are under the age of eighteen (18) years of age and are placed by the Department of Social Services (DSS) for temporary or permanent care by an adult individual or a couple.

(2)   Unanimous Consent: The expressed agreement once reduced to writing and signed by both the adult(s) involved and the caseworker, warranting that the household and the immediate building and or premises are safe and child proof on both, a maintenance and a work level.

(3)   Household: The immediate house where said minor child(ren) under the age of eighteen (18) will be placed for foster care or adoptive care.

(4)   Immediate Building: Any two or multiple family dwellings that consists of anywhere from two (2)-six (6) units and is in the same building where said minor children have been placed by the Department of Social Services (DSS) for care.

(5)   Immediate Premises: Any parcel of land, including where the household where such minor child(ren) so placed by the Department of Social Services (DSS) and any buildings, including garages, sheds, or other work areas exists and such parcel of land is two (2) acres or less.

(6)   Work Areas: Any buildings on the above-mentioned immediate premises that house tools, paints, solvents, aerosols, or other business equipment that is used for business or employment activities and that can pose as a danger to minor children.

(7)   Hot Spots: Any maintenance problems in such households where children are placed that impose safety threats. Such hot spots include, faulty or uncovered electrical outlets, boxes or exposed wires, lead paint, improper fire alerting equipment, broken or leaking plumbing, broken walls, loose plaster, toxic molding, broken stairway leading into the household and or building where children are housed, broken stairways leading to bedrooms, bathrooms or other areas from inside the dwelling, broken or improperly repaired window sills or window casings, improper lighting, faulty heating, cooling systems, faulty gas valves, faulty radiators, or any other maintenance issue that when left unattended to or not repaired that can cause a danger or physical injury to minor children.

(8)   Reasonable Accommodation: Any reasonable restructuring or modifications that are made to allow disabled persons or persons performing business/work activities to supervise minor children in a safe manner. Such alterations or modifications include, but are not limited to the installation of alerting equipment to enable a deaf or deaf/blind person to safely monitor children’s activities, baby crying or video surveillance, modification of babysitting/supervision tasks, such as having a sighted or hearing person available for someone who is def or deaf/blind, strobe lighting, paging systems, baby crying monitors, wheelchair ramps, accessible housing, global positional systems, fencing around work areas, yards, or driveways that meet into highways or streets that have two or more lanes of traffic.

Be it further enacted that upon the Commonwealth of Massachusetts’ placement of minor children into foster care or adoptive care, the same unanimous consent rules shall apply to adults eighteen (18) years of age or older who live in the same immediate premises or building where such care is being planned by the Commonwealth of Massachusetts. Be it further enacted that the purpose of obtaining unanimous consent from said adults who live in the same immediate building as the minor children so placed by the Commonwealth of Massachusetts, shall be to insure that said foster or adoptive parents are able to properly supervise children and or place proper fencing around such dangerous places as garages or buildings where dangerous work such as a person using a building to do carpentry work or electrical work, or painting or any other work that involves chemicals of hazardous types for the sole purpose of earning the adult’s living. Be it further enacted that dangerous tools, paints, solvents, or any other equipment being used for the purpose of running a business, on premises where minor children are placed by the Commonwealth of Massachusetts, shall not constitute abuse or neglect and be it further enacted that said adult’s inability to supervise said placed minor children during the adult’s performance of his/her employment activities, alone shall not constitute abuse or neglect to a minor child placed by the Commonwealth of Massachusetts. Be it further enacted that it shall be the affirmative responsibility of the foster parent, the adoptive parent, and the Department of Social Services (DSS), in the case where the Commonwealth of Massachusetts so places a child for said foster care or adoption, to secure appropriate fencing or conditions relevant to the supervision of said placed minor children, around business areas so located on the premises, where said business involves the use of dangerous tools, equipment, chemicals, and or solvents. Be it further enacted that prior to the placement of any minor child(ren) that the Department of Social Services (DSS) and the foster or adoptive parents shall reassure adults using such buildings on premises to conduct activities of employment, that steps have been taken to have supervised and the necessary repairs made to ensure that the place of employment activities are safe from harm or the potential of harm to minor children. Be it further enacted that such adult running such business from said premises where minor children are placed for foster or adoptive care shall have the right to object to such placement taking place on the grounds of safety issues should the Department of Social Services (DSS) and applicant(s) applying to become foster or adoptive parents of minor children, when the Commonwealth of Massachusetts is involved in such placement, fail to make any of the above mentioned provisions to secure dangerous business areas on said premises where placement is planned to take place and that such objection of the employed adult shall stand until the above mentioned provisions have been made and agreed upon by the adult so running a business from the premises where placed minor children will be residing, the Department of Social Services (DSS) and the applicant so seeking to become foster or adoptive parents of said minor children.

Be it further enacted that any safety related objections to the Department of Social Services (DSS) placing minor children into a home or on an immediate premises for the purposes of foster or adoptive care, which is raised by an adult eighteen (18) years of age or older, including adults so living or working on said immediate premises shall not constitute abuse or neglect of a child nor should any safety related objection constitute ratting or finking on any applicant(s) so applying to become foster or adoptive parents of minor children.

Be it further enacted that in the event that the Department of Social Services (DSS) has to place children under the age of eighteen (18) years of age into a foster home dwelling on an emergency basis, such placement shall be made. The Department of Social Services (DSS) shall have the affirmative responsibility into seeing to it that the household is free of any of the above-mentioned maintenance problems within a period of ten (10) days of the emergency placement and at the same time shall be required to obtain the same unanimous consent of all adults eighteen (18) years of age or above who live in the household where such children have been placed on an emergency basis and the same unanimous consent to such placement shall be obtained from any adult eighteen (18) years of age or older who reside and or work in the same building and or premises where said child has been placed. Be it enacted that the above mentioned unanimous consent shall only be given as to the safe upkeep of the household and security of any said work areas that contain the above mentioned dangerous tools, paints, chemicals, aerosols and solvents that are used in connection with employment/business activities that are taking place on the premises where said minor children are so placed by the Department of Social Services (DSS). Be it further enacted that the same shall apply to disabled household members as it relates to any accommodations maintenance issues that need addressing in connection with the supervision and or care of any foster child.

Be it further enacted that in the case of there being a person over the age of eighteen (18) years of age or older, in the same household or immediate building or immediate premises where the Commonwealth of Massachusetts plans on placing a minor child(ren), who is deemed to have a mental or cognitive disability that impairs the ability to think or consent or make decisions, it shall be the responsibility of the Department of Social Services (DSS) to have appointed by the family and probate court a temporary guardian who is other than the applicant(s) applying for foster care or adoption of minor children, and who is other than the Department of Social Services (DSS), for the purpose of consenting to or objecting to said placement of minor children, in the event that there are some maintenance or reasonable accommodation issues that could jeopardize the safety of any minor children so placed by the Department of Social Services (DSS).

Be it further enacted that upon the adults’ stating as to his/her position of consent or objection to the placement of a minor child(ren) by the Department of Social Services (DSS) for foster care or adoption in a particular household and or in an immediate building, the caseworker assigned to the case of the minor children shall hand to each adult a form, stating whether they consent or object to such placement of minor children. The adult shall than have the option of placing a statement as to whether they consent or object and in the case of objection, shall reduce to writing the safety reason(s) why and it shall be the obligation of the case worker so assigned to the case to sign beneath the adults’ signature as to whether the adult consented or objected and that the caseworkers’ signature is to be signed under the pains and penalties of perjury, attesting to the adults’ consent or objection to the placement of such minor children by the Department of Social Services (DSS). Be it further enacted that all adults, living in the same household or immediate building or immediate premises, where said minor children are to be placed shall receive a certified copy of said form as to their consent or objections to said placement of minor children.

Be it further enacted that upon the final placement of a minor child(ren) under the age of eighteen (18) years of age by the Department of Social Services (DSS), the Boston office of the Department of Social Services shall, on the first two (2) anniversaries of the date of final placement and or adoption of said minor children into a household or immediate building or premises conduct follow-up maintenance and or in the case of a disabled adult, a reasonable accommodations follow-up to ensure that the household and or immediate premises, which surrounds where said minor children are placed, is safe from any maintenance issues or and or that dangerous work/business areas located on said immediate premises are child safety proof. Be it further enacted that upon follow-up examinations of the structure where the children so live the immediate premises where the child so lives, should there arise any maintenance issues that would jeopardize the safety of any minor children, it shall be the affirmative responsibility of both the Department of Social Services (DSS) and the foster/adoptive parents to work out how to fix said above mentioned maintenance issues, reasonable accommodations for disabled adults who aid in the supervision of minor children and to also achieve the security of any dangerous work/business areas so located on the premises. Be it further enacted that failure to rectify unsafe maintenance issues and or childproof dangerous work areas shall result in the final placement of said minor children suspended for a period not to exceed six (6) months or null and void after three (3) repeated suspensions for the same safety issues. Be it further enacted that said follow-ups on final foster care or adoptions shall be effected for final foster care or adoptive placements that have been finalized and agreed upon by the Department of Social Services and the appropriate court having jurisdiction to approve the placement of minor children, after September 30, 2003. Be it further enacted that any final placement of foster care or adoptions by the Department of Social Services and approved by the court of competent jurisdictions that have occurred prior to September 30, 2003, shall have two (2) maintenance follow-up visits by the Boston office of the Department of Social Services on the first two months of September upon passage of this legislation.