Bill

Bill > S2257


MA S2257

MA S2257
Supporting the rights of children in the custody of the Department of Children and Families


summary

Introduced
04/28/2016
In Committee
05/09/2016
Crossed Over
05/05/2016
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

The committee on Ways and Means, to whom was referred the Senate Bill to keep siblings together (Senate, No. 104),-- reports, recommending that the same ought to pass with an amendment substituting a new draft entitled “An Act supporting the rights of children in the custody of the Department of Children and Families” (Senate, No. 2257).

AI Summary

This bill, titled "An Act supporting the rights of children in the custody of the Department of Children and Families," aims to strengthen protections for children under the care of the Department of Children and Families (DCF). Key provisions include a mandate for the DCF and courts to prioritize keeping siblings and half-siblings together in the same foster care, kinship guardianship, or adoptive placement, unless it can be proven with clear and convincing evidence that such a joint placement is harmful to any of the siblings' safety or well-being, with the court required to provide written findings to support any denial of joint placement. If siblings are separated, the DCF must facilitate frequent visitation or interaction, again with the possibility of denial only if proven contrary to a sibling's safety or well-being and supported by court findings. In cases of immediate risk of harm, the DCF can separate siblings but must seek court approval within one business day and the court will hold a hearing within seven days, with the DCF bearing the burden of proving separate placement is in the best interest of at least one sibling. Additionally, the bill allows a child, who is at least 12 years old and whose parental rights have been terminated for at least two years, to petition the court to vacate the termination of parental rights if adoption is no longer the permanency plan and the child is either unadopted or their adoptive parents' rights have been terminated or surrendered; the court will grant this motion if it finds vacating the order is in the child's best interests, supported by written findings.

Committee Categories

Budget and Finance

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Senate Committee on Ways and Means (Senate)

Last Action

Read; and referred to the committee on House Ways and Means (on 05/09/2016)

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