Amendment ID: S3111-18

Amendment 18

Family Rights Notice During Department Investigations

Ms. Miranda and Ms. Howard move that the proposed new text be amended By inserting the following:-

SECTION X. Chapter 119 of the General Laws is hereby amended by inserting after section 23E the following section:-

“Section 23F. Family Rights Notice During Department Investigations.

(a) At the commencement of an investigation pursuant to section 51B, the department shall make reasonable efforts to provide a parent, legal guardian or custodian with a written notice in a language understood by such parent, legal guardian or custodian.

(b) The notice shall include, but not be limited to:

(i) a general description of the allegations under investigation, consistent with applicable confidentiality requirements and child safety considerations;

(ii) a description of the department’s investigative process, including anticipated timelines and potential outcomes;

(iii) notice that the parent, legal guardian or custodian may consult with legal counsel at any stage of the investigation;

(iv) notice that participation in interviews is voluntary except as otherwise required by law or court order;

(v) information that, except as otherwise authorized by law, court order or circumstances involving an immediate threat to a child’s safety, entry into a residence requires consent;

(vi) information regarding available advocacy, legal assistance, family resource centers and community-based support services; and

(vii) contact information for the office of the child advocate and any applicable departmental complaint or grievance process.

(c) The department shall develop standardized forms to implement this section and shall make such forms publicly available on its website in the most commonly spoken languages in the commonwealth.

(d) Nothing in this section shall be construed to limit the authority of the department to take immediate action necessary to protect a child from abuse or neglect or to comply with any state or federal law.”