Amendment #29 to S2581

Safe access for all residents

Ms. Uyterhoeven of Somerville moves to amend the bill In Section 2, in line 163, by inserting after "user":

(1½)(A) Notwithstanding paragraph (1), a minor who is 14 or 15 years of age may obtain verifiable consent to become a user of a social media platform from a qualified trusted adult in lieu of a parent if: (i) the minor is in the custody of the department of children and families, is in foster care, is in a group home, is an unaccompanied youth as defined in 42 U.S.C. §11434a(6), or does not have a parent or legal guardian who is available or willing to provide consent; or (ii) a qualified trusted adult attests, in their professional judgment, that seeking parental consent would create a substantial risk of abuse, neglect, or removal of the minor from the minor’s home.

(B) For purposes of this paragraph, a “qualified trusted adult” shall mean: (i) a licensed clinical social worker; (ii) a licensed school counselor or school adjustment counselor employed by a public school district; (iii) a licensed physician, nurse practitioner, or physician assistant who provides care to the minor; (iv) an attorney appointed or retained to represent the minor; or (v) a caseworker assigned to the minor by the department of children and families.

(C) A qualified trusted adult who provides consent pursuant to this paragraph shall: (i) attest in writing that, in their professional judgment, the minor meets the criteria set forth in subparagraph (A); and (ii) not be required to disclose the specific basis for the minor’s request to the social media platform or the age verification intermediary.

(D) A qualified trusted adult shall assume no civil or criminal liability solely for providing consent pursuant to this paragraph, provided that the consent was given in good faith and in the exercise of professional judgment.

(E) No social media platform shall be liable under this chapter for granting access to a minor who obtained consent through a qualified trusted adult pursuant to this paragraph.

(F) The attorney general shall promulgate regulations establishing the process by which a qualified trusted adult may provide consent pursuant to this paragraph, including secure methods for verifying the credentials of said adult and protections for the confidentiality of the minor’s identity and the basis for the request.".