Amendment ID: S3111-38

Amendment 38

Language Accommodation Plan

Messrs. Brady and Payano move that the proposed new text be amended by inserting, after SECTION X, the following section:—

"SECTION X(a). Section 23 of chapter 119 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by adding the following subsection:—

(p)(1) In administering the rights of children in foster care, the department shall ensure the right of a child whose primary language is other than English to linguistically continuous care. At the time of initial intake or assessment pursuant to sections 51A and 51B, the department shall document the primary language spoken by the child and the child's parents or guardians.

(2) The department shall establish a placement preference hierarchy for any child whose primary language is other than English, prioritizing: (i) kinship placements with individuals fluent in the child’s primary language; and (ii) licensed foster homes with at least one adult resident fluent in the child’s primary language.

(3) If a language-matched placement under paragraph (2) is unavailable at the time of placement, the department shall execute and file in the child’s case record, within 7 business days, a written language accommodation plan. Said plan shall detail the specific measures the department shall take to mitigate linguistic isolation, including, but not limited to: (i) the provision of certified interpreters for all family visitations, administrative reviews, and clinical evaluations; and (ii) a schedule for prospective transition to a language-matched placement if such transition is determined to be in the best interest of the child.".