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HOUSE DOCKET, NO. 1595         FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 123

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kay Khan

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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 pertaining to violations of the Department of Early Education and Care advertising law.

_______________

PETITION OF:

 

Name:

District/Address:

Kay Khan

11th Middlesex

Marcos A. Devers

16th Essex

Denise Provost

27th Middlesex


HOUSE DOCKET, NO. 1595        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 123

By Ms. Khan of Newton, a petition (accompanied by bill, House, No. 123) of Kay Khan, Marcos A. Devers and Denise Provost relative to child placement enforcement by the  Department of Early Education and Care.  Children, Families and Persons with Disabilities. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 981 OF 2011-2012.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

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An Act pertaining to violations of the Department of Early Education and Care advertising law.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              M.G.L. Ch15D, sec15 is amended by striking (b) and replacing it with the following;

              (b)  Notwithstanding any general or special law, rule or regulation to the contrary, if the department determines that any person has engaged in the placement or reception of a child under 16 years of age for family foster care or adoption and/or has provided family child care, large family child care, child care center care, school-aged child care program, group residential care, or temporary shelter care, without holding the required license or approval, it may order such person to cease and desist from such unlawful act or practice and may take such affirmative action, including the imposition of a civil administrative fine.   The department may assess and collect a civil administrative fine not to exceed $1,000 for the first violation and a civil administrative fine not to exceed $2,500 for a second or subsequent violation. Nothing in this section shall affect, restrict, diminish or limit any other fine or remedy provided by law.

              (c) Upon petition of the department, the superior court shall have jurisdiction to enjoin any violation of said section 6, order payment of an assessed fine, or to take such other action that equity and justice may require.

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