HOUSE DOCKET, NO. 3138        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3104

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Joan Meschino

_________________

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 court review of case plans.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3138        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3104

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1437 OF 2013-2014.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

An Act relative to court review of case plans.

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.  Chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following new section:-

Section 25A.  If the court grants custody of a child to the department or a licensed child placement agency, the department or agency shall file a service plan with the court for its approval no later than 30 days after the effective date of the custody order.  At least every six months thereafter, for as long as the person remains in the custody of the department or, under clause (3) of subsection (a) of section 23 or subsection (f) of section 23, under the care or responsibility of the department, the department or the agency shall prepare a new service plan and file it with the court for its approval.  The service plan shall meet the requirements of state and federal laws and regulations for both case plans and service plans.  At least ten days before the date on which the service plan must be filed with the court, the department or agency shall provide a copy of the service plan to any person who is the subject of the plan who is ten years of age or older and to the attorneys for all parties appearing in the proceeding.  Notwithstanding section 21, the court may order changes in the service plan with respect to placement, visits, or other services provided to the child or his or her parents, guardian, or custodian as may be in the child’s best interest. 

SECTION 2.  Paragraph 2 of section 29 of said chapter 119, as so appearing, is hereby amended by striking out the fourth and fifth sentences.