SECTION 1. Section 26A of Chapter 119 of the General Laws is hereby amended by inserting the following two sentences at the end of subsection (h):-
If the crime was committed more than five years before the date on which it is reviewed under this subsection, the mental health or criminal justice professional shall presume that it is irrelevant to the question of whether the individual poses a risk of harm to the child, and the department shall presume that the offense is irrelevant to the person’s application. The mental health or criminal justice professional may not presume that any crime or group of crimes, other than ones referred to in subsection (f) or (g), create a presumption that the person poses a risk of harm to the child. The department may not establish any presumption that any such crime or group of crimes warrants rejection of the person’s application.
SECTION 2. Section 26A of Chapter 119 of the General Laws is hereby amended by adding the following new subsection:-
(i) The department may not reject a person’s application to become a foster parent on the basis of criminal history information other than under subsections (f), (g), and (h).
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