Amendment ID: S3072-5
Amendment 5
DCF Residential Schools
Ms. Kennedy and Messrs. Eldridge and Keenan move that the proposed new text be amended by striking out section 2 and inserting thereof the following section:-
"SECTION 2. Chapter 15D of the General Laws is hereby amended by adding the following section:-
Section 23. (a) For the purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Civil law enforcement”, efforts to investigate, enforce, or assist in the investigation or enforcement of civil law, including but not limited to any federal civil immigration law.
“Judicial warrant or judicial order”, an arrest warrant or other judicial order, signed by a judge or magistrate sitting in the judicial branch of a local or state government or of the federal government, authorizing an arrest.
“Premises”, the private residence or the facility that is licensed for the early care and education of children or group care, and the outdoor space on which the residence or facility is located.
(b) Except as required by state or federal law or as required for the commonwealth or any of its subdivisions to administer a state or federally supported or funded program, arrests for civil law enforcement shall not be permitted on the premises of a licensed child care center, family child care home, school-aged child care program or group care facility without a valid judicial warrant or judicial order.
(c) Each licensed child care center, family child care home, school-aged child care program and group care facility shall adopt and implement a policy regarding interactions with law enforcement agents engaged in civil law enforcement which shall include, at a minimum, but not be limited to: (i) the designation of a contact person or persons to be notified of the presence of, or information requests from, law enforcement agents engaged in civil law enforcement; (ii) procedures for documenting all interactions with law enforcement agents engaged in civil law enforcement; and (iii) procedures for informing the director and program staff of the licensed child care center, the provider and staff of a family child care home or the site coordinator or school age administrator and staff of a school-aged child care program to follow when responding to requests relating to civil law enforcement.
(d) The department, in consultation with the attorney general and organizations that represent employees and management of licensed child care providers, shall prepare and publish on its website model policies consistent with the requirements of this section. The department shall, in consultation with the attorney general, also prepare and publish a model training for informing directors and program staff of licensed child care centers, family child care home providers, staff and school-aged child care program site coordinators and school age administrators and staff and group care facility administrators and staff on how to respond to requests relating to civil law enforcement.
(e) The requirements of subsections (b) and (c) shall apply regardless of whether a licensed child care center, family child care home, school-aged child care program or group care facility has adopted the policy required by subsection (c).
(f) An individual aggrieved by a violation of this section may apply for a writ of habeas corpus if such person has reasonable cause to believe that a civil arrest in violation of this section has occurred. The attorney general shall be permitted to bring a suit in law or equity for civil arrests in violation of this section.
(g) Nothing in this section shall require a state or local law enforcement officer to interfere with or assist the actions of a federal official engaged in civil immigration enforcement. Nothing in this section shall confer upon any state or local law enforcement officer the authority, obligation or responsibility to enforce, interpret, supervise, assess compliance with or prevent conduct governed by this section."