Governor Patrick Signs Law Creating New Type of CHINS Case for Victims of
Sexual Exploitation
On November 21, 2011, Governor Deval Patrick signed into law H. 3808, "An Act Relative to the Commercial Exploitation of People," which strengthens protections for victims of human trafficking and prostitution. Among other things, the law creates a new type of CHINS case, defined as a person under age 18 who has been subjected to sexual exploitation, and
requires DCF to provide appropriate services to these youth. The law becomes effective February 19, 2012, 90 days from its enactment,. CAFL will provide more information about these important changes to the CHINS statute in the near future. Click here for the full text of the law.
Probate and Family Court Issues Memorandum Regarding Permanency Hearings for Young Adults in Child Welfare Cases
On March 21, 2011, the Probate and Family court issued a Memorandum Regarding Permanency Hearings for Young Adults in Child Welfare Cases. The memorandum outlines procedures for scheduling hearings and appointing counsel. As with the Juvenile Court Uniform Practice (discussed below), there are separate procedures for those over 18 currently in DCF care, those in DCF care who turned 18 after January 3, 2011, and those who leave DCF care and return after they are 18. Click here for a copy of the Probate Court Memorandum.
Juvenile Court Establishes Procedures for Permanency Hearings for Young Adults 18-22
On December 30, 2010, the Juvenile Court issued Uniform Practice and Procedure 01-2011, Scheduling Permanency Hearings for Young Adults and Children. Recent amendments to Chapter 119 extended the jurisdiction of the court, and the right to counsel, to certain young adults aged 18 to 22 years old who continue to receive voluntary services from DCF. (See below.) The new law became effective January 3, 2011. The Uniform Practice establishes procedures for holding permanency hearings for these young adults. There are separate procedures for: (1) young adults who turned 18 on or before January 3, 2011, are not yet 22, and are in the care of DCF on January 3, 2011; (2) children in the care and custody of DCF who turn 18 after January 3, 2011; and (3) children who turn 18 after January 3, 2011, who decide to leave DCF care but subsequently return to DCF before their 22nd birthday. Under the Uniform Practice, DCF must provide the Juvenile Court a list of all young adults who turned 18 before January 3, 2011 and are still in DCF care. A permanency hearing must be scheduled by April 1, 2011 for each young adult on the list, and the hearing must be held on or before July 1, 2011. The court must appoint counsel for the young adult. Whenever practicable, the court will reappoint the attorney who represented the young adult in the underlying care and protection or CHINS case. Click here for a copy of Juvenile Court Uniform Practice 01-2011.
Governor Patrick Signs Law Extending Court Jurisdiction to 18-22 Year Olds
On October 15, 2010, the Governor signed Bill H5028, a supplemental budget
for FY 2011. The Act amends sections 21, 23, 29B and 29C of Chapter 119,
to extend the jurisdiction of the court, and the right to counsel, to
certain young adults aged 18 to 22 years old who continue to receive
voluntary services from DCF. The statute is intended to implement
portions of the federal 2008 Fostering Connections to Success and
Increasing Adoptions Act, which allows states the option to receive Title
IV-E foster care reimbursement for young adults age 18 to 22. It is
effective January 3, 2011. Click here for excerpts of the bill. Click
here for a memorandum summarizing the new law.
DCF Announces Major Restructuring of Regional and Area Offices
On August 12, 2010, DCF Commissioner Angelo McClain announced a major restructuring of the agency's field management. The Regional Offices will be reduced from six to four. The Central Region will be combined with the Western Region. The Metro Region will be divided, with half joining the Northeast Region and half joining the Southeast Region. 15 Area Management Teams will oversee the 29 Area Offices. Each Area Office will have an onsite clinical lead, known as an Area Clinical Manager, who will be responsible for the daily clinical oversight of the office.
These changes will be effective October 4, 2010. Click here for a copy of the announcement.
Juvenile Court Issues Standing Order 01-10, Scheduling Care and Protection
and Termination of Parental Rights Trials
On July 13, 2010, the Juvenile Court issued a Standing Order governing the
scheduling of care and protection and termination trials. Under this new
order, all trials must conclude within 30 days of commencement, and the
court must enter an order, decision or adjudication within 30 days after
the close of evidence. In extraordinary circumstances, the Chief Justice
may grant a 15 day extension of these time limits. The order also provides
that the court should schedule consecutive trial dates whenever possible.
The order is effective for all trials beginning on or after September 1,
2010. Click here for a copy.
Child Advocate Files Second Annual Report
On June 28th, 2010, the Office of the Child Advocate (OCA) filed its second annual report with the Governor and the Legislature. This report summarizes the activities of the OCA for calendar year 2009 and includes recommendations for legislative and policy changes. To view a copy of the report see http://www.mass.gov/childadvocate.
Juvenile Court Establishes New Procedures for Videoconferencing
In June, 2010, the Juvenile Court issued Interim Uniform Practice 01-10 Procedures for the Use of Videoconferencing Equipment. Click here for a copy.
Anthony Benedetti Selected to be New Chief Counsel
In May 2010, the Committee for Public Counsel Services selected Anthony Benedetti to be its next Chief Counsel. Anthony’s tenure will begin on Monday, August 2, 2010. Click here for more information.
Hampshire Probate Court Establishes Special Procedures for Child Custody Cases
In April 2010, the Hampshire Division of the Probate and Family Court issued Standing Order 1-10 Special Procedures for Cases Involving Children. Click here for a copy.
Federal Law Requires Aging Out Youth to Receive Information About the Benefits of a Health Care Proxy
On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (P.L. 111-148). The statute amends federal child welfare laws to require that children who are aging out of foster care and those receiving independent living services and/or education and training vouchers through DCF have information and education about the importance of having a health care power of attorney or health care proxy and are provided the option to execute such a document. The law becomes effective October 1, 2010. Click here for a copy of the U.S. Children’s Bureau’s Program Instruction on the new law.
SJC’s Court Improvement Program sponsors September training: WHOSE CASE IS THIS, ANYWAY? How to Tackle Jurisdiction and Placement Issues in Interstate Child Welfare Cases.
Governor Signs New Guardianship Law
Full Text
Excerpts of New Guardianship Law
New Federal Law Promotes Educational Stability for Children in Foster Care
Juvenile Court Establishes New Categories for GAL Appointments
President Signs New Federal Child Welfare Legislation
Notice Regarding Advice Calls
CAFL Newsletter
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