Amendment ID: S2257-2

Amendment 2

Corrective Amendment

Ms. Spilka moves to amend the bill by striking out section 1 and inserting in place thereof the following section:-

“SECTION 1. Subsection (c) of section 23 of chapter 119 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following 2 paragraphs:-

The department shall seek to identify any minor sibling or half-sibling of the child. The department and the court shall ensure that siblings removed from their home and placed in the department’s care, custody or responsibility are placed in the same foster care, kinship guardianship or adoptive placement with all siblings and half-siblings. If the department is unable to place the siblings and half-siblings in the same foster care, kinship guardianship or adoptive placement, the department shall report to the court within 7 business days and provide the reasons in writing for the lack of joint placement.   If the department places siblings or half-siblings in separate placements, the department shall make ongoing efforts to remedy any concerns found by the department that led to the separate placements and shall report to the court on those efforts. The department shall document its efforts in the case plan.

If the department removes a child from their home and does not place the child with their sibling or half-sibling, the department shall provide for frequent visitation or other ongoing interaction between the siblings, unless the department makes a showing to the court by a preponderance of evidence that frequent visitation or other ongoing interaction is contrary to the safety or well-being of any of the siblings or half-siblings. The court shall make written findings, within 30 days, regarding its decision to deny the frequent visitation or other ongoing interaction. A child who is placed apart from a sibling or half-sibling, even if placed with other siblings or half-siblings, may ask the court to review the department’s decision of a separate placement.” ; and

in section 2, by striking out, in line 39, the words “vacate the order” and inserting in place thereof the following words:- “reinstate parental rights”; and

in said section 2, in the proposed second paragraph of proposed subsection (e), by inserting after the first sentence the following sentence:- “Upon filing of the motion, the court shall appoint a guardian ad litem who shall investigate and make recommendations to the judge regarding the petition.”.