Amendment ID: S2043-14-R3

3rd Redraft Amendment 14

Penalties and Prohibitions in the Re-Homing of Children

Mr. Montigny moves to amend the bill by inserting after section 3 the following section:-

by inserting after section 3 the following section:-

“SECTION 3A.  Said section 6 of said chapter 15D, as so appearing, is hereby amended by inserting after subsection (c) the following 2 subsections:-

(c¼) No person or entity, unless acting as a duly authorized agent or employee of the department of children and families or a licensed placement agency, shall accept payment in the form of money or other consideration in return for placing a child for adoption or for any other temporary placement or permanent physical placement.  No person or entity shall knowingly give payment in the form of money or other consideration to another person or entity, other than a duly authorized agent or employee of the department of children and families or a licensed placement agency, for placing a child for adoption or for any other temporary placement or permanent physical placement.  Nothing in this subsection shall prohibit a duly authorized agent or employee of the department of children and families or a licensed placement agency from giving subsidies or other benefits for the care and maintenance of such children.  For the purposes of this section, the term “temporary placement” shall not include when the parents or custodians of a child place that child for a designated short-term period with a specified intent for return of the child; provided, however, that “short-term period” shall include, but not be limited to, short-term placements due to parental employment, vacations, school-sponsored functions or activities, incarceration, military service, medical treatment or the incapacity of a parent.

(c½) No person or entity, unless acting as a duly authorized agent or employee of the department of children and families or a licensed placement agency, shall solicit payment in the form of money or other consideration in return for placing a child for adoption or for any other temporary or permanent physical placement.  No person or entity shall knowingly offer payment in the form of money or other consideration to another person or entity, other than a duly authorized agent or employee of the department of children and families or a licensed placement agency, for placing a child for adoption or for any other temporary or permanent physical placement. Nothing in this subsection shall prohibit a duly authorized agent or employee of the department of children and families or a licensed placement agency from offering subsidies or other benefits for the care and maintenance of such children. For the purposes of this section, the term “temporary placement” shall not include when the parents or custodians of a child place that child for a designated short-term period with a specified intent for return of the child; provided, however, that “short-term period” shall include, but not be limited to, short-term placements due to parental employment, vacations, school-sponsored functions or activities, incarceration, military service, medical treatment or the incapacity of a parent.”; and

in section 5, in proposed subsection (b) of proposed section 15 of chapter 15D of the General Laws, by striking out the last sentence; and

in said section 5, by inserting after said proposed subsection (b) of said proposed section 15 of said chapter 15D the following 2 subsections:-

“(b¼) Any person or entity, unless acting as a duly authorized agent or employee of the department of children and families or a licensed placement agency,  who violates subsection (c¼) by accepting payment in the form of money or other consideration in return for placing a child for adoption or for any other temporary or permanent physical placement shall be punished by a fine of not less than $5,000 nor more than $30,000, or by imprisonment in a jail or a house of correction for not more than 2½ years or in a state prison for not more than 20 years, or by both such fine and imprisonment. Any person or entity who violates subsection (c¼) by knowingly giving payment in the form of money or other consideration to another person or entity, other than a duly authorized agent or employee of the department of children and families or a licensed placement agency, for placing a child for adoption or for any other temporary or permanent physical placement shall be punished by a fine of not less than $5,000 nor more than $30,000, or by imprisonment in a jail or a house of correction for not more than 2½ years or in a state prison for not more than 20 years, or by both such fine and imprisonment. For the purposes of this section, the term “temporary placement” shall not include when the parents or custodians of a child place that child for a designated short-term period with a specified intent for return of the child; provided, however, that “short-term period” shall include, but not be limited to, short-term placements due to parental employment, vacations, school-sponsored functions or activities, incarceration, military service, medical treatment or the incapacity of a parent.

(b½) Any person or entity, unless acting as a duly authorized agent or employee of the department of children and families or a licensed placement agency, who violates subsection (c½)  by soliciting payment in the form of money or other consideration for placing a child for adoption or for any other temporary or permanent physical placement shall be punished by a fine of not less than $5,000 nor more than $30,000, or by imprisonment in a jail or a house of correction for not more than 2½ years or in a state prison for not more than 20 years, or by both such fine and imprisonment.  Any person or entity who violates subsection (c½) by knowingly offering payment in the form of money or other consideration to another person or entity, other than a duly authorized agent or employee of the department of children and families or a licensed placement agency, for placing a child for adoption or for any other temporary or permanent physical placement shall be punished by a fine of not less than $5,000 nor more than $30,000, or by imprisonment in a jail or a house of correction for not more than 2½ years or in a state prison for not more than 20 years, or by both such fine and imprisonment. For the purposes of this section, the term “temporary placement” shall not include when the parents or custodians of a child place that child for a designated short-term period with a specified intent for return of the child; provided, however, that “short-term period” shall include, but not be limited to, short-term placements due to parental employment, vacations, school-sponsored functions or activities, incarceration, military service, medical treatment or the incapacity of a parent.”.