Amendment #2 to H4244

Amendment

Mr. Dempsey of Haverhill moves to amend the bill in section 1, by inserting after the words “section 37H”, in line 88, the following words:- and section 37H½

And by striking the word “shall”, in line 94, and replacing it with the word “may”.

And by striking, after the word “education”, in line 97, the word “certified”.

And further amend the bill by inserting, after section 1, the following three sections:-

SECTION 1A. Section 39E of chapter 119 of the General Laws, as appearing in the 2010 official edition, is hereby amended by inserting, after the third paragraph, the following paragraph:-

When a petition seeking a determination that a child is in need of services is presented to the clerk for filing, the clerk shall inform the petitioner that the petitioner may delay filing the petition and choose to have the child and his family referred to a family resource center, community-based services program or other entity designated by the secretary of health and human services to provide community-based services in the juvenile court district where the child resides and return to court at a later time to file a request for assistance, if needed. The clerk shall prepare, publish and disseminate to each petitioner educational material relative to available family resource centers, community-based services programs and other entities designated by the secretary of health and human services.

SECTION 1B. Said section 39E of said chapter 119 is hereby further amended by inserting, after the fifth paragraph, the following paragraph:-

The commissioner of probation shall establish a system to collect data on all petitions seeking a determination that a child is in need of services. Said system shall maintain the privacy of clients served, assist the court in addressing the needs of the population to be served and collect information related to: the racial and ethnic identity of the child; the insurance status and coverage of clients served; the length of time a child is receiving assistance from a probation officer, including the time prior to and subsequent to the filing of a petition; the identity of any public or private organization to whom a probation officer has referred a child or family for services; and any other information that may assist the commissioner and the court in evaluating the availability and effectiveness of services for children who are the subjects of such petitions. The probation officer shall gather information concerning each child and family referred to the officer including, but not limited to, insurance status and coverage and other information that may assist the commissioner of probation and the court in evaluating the availability and effectiveness of services for children who are the subjects of petitions.

SECTION 1C. Said section 39E of said chapter 119 is hereby further amended by inserting, at the end thereof, the following paragraph:-

A child who is the subject of a petition seeking a determination that a child is in need of services may not be confined in shackles or similar restraints or in a court lockup facility in connection with any proceedings under such petition. A child who is the subject of a petition shall not be placed in a locked facility or any facility designated or operated for juveniles who are alleged to be delinquent or who have been adjudicated delinquent. Such child may, however, be placed in a facility which operates as a group home to provide therapeutic care for juveniles, regardless of whether juveniles adjudicated delinquent are also provided care in such facility.

And further amend the bill in section 2, by striking, in line 106, the figure “2”, and replacing it with the figure “1”.

And by striking, in line 120, the figure “3”, and replacing it with the figure “2”.

And by striking, in line 122, the words “one or more geographic regions”, and replacing them with the following words:- each county.

And by striking, in line 124, the word “site”, and replacing it with the following word:- sites.

And further amend the bill in section 3, by inserting, in line 131, after the word “health” the following words:- ; the commissioner of the department of public health

And by striking, in line 137, the figure “4”, and replacing it with the figure “3”.

And by striking, in line 160, the word “district”, and replacing it with the word “districts”

And further amend the bill in section 4, by striking the figure “4” and replacing it with the figure “3”.