Amendment #803 to H4000

DCF - Notice to a Child/Young Adult's Attorney

Representatives Khan of Newton, McMurtry of Dedham, Andrews of Orange, Collins of Boston, Decker of Cambridge, Farley-Bouvier of Pittsfield, Gordon of Bedford, Kocot of Northampton and Devers of Lawrence move to amend the bill by inserting after outside section 105 the following section:

"XXX. Section 29 of chapter 119 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the second paragraph the following paragraphs:

No later than five business days before any non-emergency change in a child’s or a young adult’s placement or any non-emergency hospitalization, and no later than one business day after any emergency change in a child’s or a young adult’s placement or any emergency hospitalization, the department shall provide notice of the change in placement or hospitalization to the child’s or the young adult’s attorney.

No later than the first business day thereafter, the department shall provide notice to a child’s attorney if it receives a report under section 51A and the child is the subject of the report. No later than the first business day thereafter, the department shall provide notice to a child’s attorney or a young adult’s attorney if it receives a report under section 51A that raises substantial questions regarding the suitability of the child’s or young adult’s current placement or any of the child’s or young adult’s service providers.

No later than the first business day thereafter, the department shall provide notice to a child’s or young adult’s attorney whenever it becomes aware of: 1) the child or young adult being arrested; 2) the child’s or young adult’s potential involvement in any proceeding under this chapter or any criminal investigation or proceeding; (3) the child or young adult being suspended from school; or (4) the child or young adult being the subject of any proceeding that could result in his or her suspension or expulsion from school."

The department of children and families shall promulgate regulations for implementation no later than six months from the effective date of this act."