HOUSE DOCKET, NO. 3294        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1643

The Commonwealth of Massachusetts

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PRESENTED BY:

John C. Velis

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to establish a child neglect registry.

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PETITION OF:

HOUSE DOCKET, NO. 3294        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1643

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act to establish a child neglect registry.

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. Persons found to have abused or neglected a child by the family court, a criminal court, as a result of an administrative appeals process, or as a result of an investigation into abuse outside of the child’s home setting, shall be recorded on the Massachusetts Central Registry of Child Abuse and Neglect, as established under Mass. Gen. Law Chapter 119, 51F.

Section 2. The Act shall require that states check the Central Registry again any prospective foster or adoptive parent as well as any other adult living in the home, or who has resided within the home in the preceding five years.

Section 3. The Registry shall maintain information sufficient to identify the persons convicted of child abuse, under sections 51A to 51B.

Section 4.Persons convicted shall be identified by a class designation as follows:

      a. Level 1: the Department of Social Services in conjunction with the Massachusetts Courts determined that the risk of re-offense by an offender is low and there is a limited degree of dangerousness posed to the public. This shall include persons found by the court to have unlawfully withheld child support payments in the amount of $5,000.

      b. Level 2: the Department of Social Services in conjunction with the Massachusetts Courts determined that the risk of re-offense by an offender is moderate or high, and that in such persons is a repeat offender, the risk to the community is moderate. This shall include persons found by the court to have unlawfully withheld child support payments in an amount more than $5,000 but less than $10,000.

      c. Level 3: Persons found to have committed particularly violent and heinous acts that offend the mental, emotional, or physical well being of a child under the age of 18, as determined by the Department of Social Services in conjunction with the Massachusetts Courts. This shall include persons found by the court to have unlawfully withheld child support payments in the amount of $10,000 or more.

Section 5.The public shall have access to the information relating to a level 3 offender through the Central Registry.