SENATE DOCKET, NO. 984        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 103

The Commonwealth of Massachusetts

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PRESENTED BY:

Karen E. Spilka

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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 relative to the office of the child advocate.

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PETITION OF:

SENATE DOCKET, NO. 984        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 103

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 relative to the office of the child advocate.

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 1 of chapter 18C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking the definitions for “Advisory board” and “Child advocate” and inserting in place thereof the following new definitions:-

“Advisory council”, the child advocate advisory council established by section 4.

“Child advocate”, the child advocate appointed under section 3.

SECTION 2. Section 2 of said chapter 18C is hereby amended by adding after the first sentence the following;-

The office shall act to investigate and ensure that the highest quality of services and supports are provided to safeguard the health, safety and well-being of all the children residing in the Commonwealth, including oversight to examine the systemic issues of the child welfare system and provide recommendations to improve the quality of those services in order to give each child the opportunity to live a full and productive life.

SECTION 3. Said chapter 18C  is hereby further amended by striking out, in its entirety, sections 3 and 4 and inserting in place thereof the following new sections:-

Section 3. There is hereby established an office of the child advocate, hereinafter called the office, which shall be under the direction of the child advocate. There shall be in said office a child advocate, who shall be the administrative head of said office and who shall devote full time to the duties of this office. Said child advocate shall be appointed by a majority vote of the attorney general, the state auditor, and the governor for a term of five years. The person so appointed shall be selected without regard to political affiliation and solely on the basis of integrity and demonstrated ability in child welfare, juvenile justice, auditing, law, management analysis, public administration, and investigation or criminal justice administration. The child advocate may, subject to appropriation, appoint such other personnel as he deems necessary for the efficient management of the office.

In case of a vacancy in the position of child advocate his successor shall be appointed in the same manner for the unexpired term. No person shall be appointed for more than two five-year terms.

The person so appointed may be removed from office, for cause, by a majority vote of the attorney general, the state auditor, and the governor. Such cause may include substantial neglect of duty, gross misconduct or conviction of a crime. The reasons for removal of the child advocate shall be stated in writing and shall include the basis for such removal. Such writing shall be sent to the clerk of the senate, the clerk of the house of representatives and to the governor at the time of the removal and shall be deemed to be a public document.

Section 4. There shall be a 25-member child advocate advisory council, herein after called the advisory council, which shall consist of the child advocate, who shall serve as chair; the secretary of health and human services; the secretary of public safety and security; the secretary of education; the commissioner of the department of criminal justice information services; the undersecretary of criminal justice from the executive office of public safety and security; the commissioner of early education and care; the commissioner of elementary and secondary education; the commissioner of mental health; the commissioner of developmental services; the commissioner of public health; the commissioner of children and families; the commissioner of transitional assistance; the commissioner of youth services; the deputy commissioner of the child support enforcement division within the department of revenue; the president of the Massachusetts District Attorneys’ Association; the commissioner of probation; the chief counsel of the committee for public counsel services; the chief justice of the superior court department; the chief justice of the juvenile court department; the chief justice of the probate and family court department; the executive director of the child abuse prevention board; and 3 persons appointed by the governor, 1 of whom shall be a representative of organized labor from the collective bargaining unit that represents social workers, 1 of whom shall be a representative of an organization which advocates on behalf of children at risk of being abused or neglected, and 1 of whom shall be a pediatrician experienced in treating child abuse.

The child advocate shall meet with the advisory council at least quarterly and may consult or request the assistance of members of the advisory council with respect to the duties and responsibilities of the office.

The advisory council shall annually set the salary of the child advocate which salary shall not exceed ninety per cent of the salary of the chief justice of the supreme judicial court.

SECTION 4. Section 11 of said Chapter 18C, as so appearing, is hereby amended in line 2 by striking the word “board” and inserting in place thereof the following word:- council.