Governor Patrick Signs Child Welfare Bill Into Law

Print Story | Email Story
BOSTON - Governor Deval Patrick today signed into law a bill to reform the state’s child welfare system. Among the highlights of the bill is setting into statute the Office of the Child Advocate, which Governor Patrick created by Executive Order in 2007, increased penalties for mandated reporters who fail to report abuse, and free tuition and fees at state colleges and universities for certain foster children.

“This bill reinvigorates our child welfare system,” said Governor Patrick. “In addition to establishing in law our Office of the Child Advocate, it pushes all of us to do better by our children.”

The Child Advocate is empowered to investigate, review, monitor and evaluate critical incidents of child abuse or neglect. The Child Advocate is also authorized to review any agency investigation of a critical incident and conduct its own independent investigations, if needed.

"There is no greater task before us than protecting the most vulnerable and, with this law, we will help establish the right framework to better handle the most disturbing cases and hopefully prevent them from even happening," said House Speaker Salvatore F. DiMasi. "This bill is the result of two years of investigations, detailed analysis and study and I commend my colleagues for their commitment to seeing it through to this important day."

“This new law represents comprehensive reform of the Commonwealth’s child welfare services and will have immediate impact on the safety of our children,” Senate President Therese Murray (D-Plymouth) said. “It provides increased oversight and accountability, and incorporates best practices from agencies across the nation, giving us the tools to better prevent tragedies and make sure that children grow up in happy, healthy and safe environments.”

Among the provisions of the bill are:

* Extended services for those in foster care between the ages of 18 and 22 who would have ordinarily “aged out” of the system. Foster care children will also be eligible to receive tuition and fee waivers at all state colleges and community colleges.

* Increased penalties for people who work with children and fail to report instances of suspected child abuse—so called mandated reporters—in two ways. The penalty for filing a frivolous report increases from $1,000 to $2,000 for a first offense, and authorizes imprisonment for a subsequent offense. It also increases the penalty for willfully failing to file a report of child abuse that results in serious harm or death to a child from $1,000 to $5,000, and two and half years in prison.

* Establishment of a foster care registry to track the success of foster parents in the state system. The system can search for relatives or other adult individuals who have positively influenced a child’s life.

* Change in the name of the Department of Social Services to the Department of Children and Families (DCF), and targeting issues of racial inequality within the department.

* Establishment of a commission to study the status of grandparents raising their grandchildren.

* The opening of court proceedings for end-of-life treatment of certain children in DCF custody to the public, requiring the submission of written expert opinions to the court, clarifying the DCF commissioner’s role in determining the agency’s recommendation, allowing for the recommendation of the child’s parent or guardian and appointment of a guardian ad litem on behalf of the child; and allowing for an interlocutory appeal of these end-of-life court orders.

* A mandated review by the Department of Children and Families after three abuse and neglect reports on a family in three months or in one year, and requires review results to be submitted to the local district attorney, local law enforcement and the child advocate.

* Establishment of an interagency child welfare taskforce that the Secretary of the Executive Office of Health and Human Services will chair to coordinate and streamline services to children and families who are receiving services.

* A requirement that social workers who are employed by the Department of Children and Families have a bachelor’s degree, and supervisors have a master’s degree.

In addition to the responsibilities previously set forth in Governor Patrick’s December 2007 Executive Order, the child welfare bill grants the Child Advocate subpoena power and establishes confidentiality protections for any individual working for or assisting the Child Advocate in any investigation.

“Our responsibility and commitment to the children and families we serve is at the heart of the work of our agencies,” said Secretary of Health and Human Services Dr. JudyAnn Bigby. “With these new powers and responsibilities, the Child Advocate will be better able to further strengthen our work on behalf of children across the Commonwealth.”

In March, Governor Patrick named Judge Gail Garinger as the state’s first Child Advocate. After several years in private practice, Judge Garinger was appointed to the Juvenile Court in 1995. In 2001, Chief Justice Martha Grace appointed Judge Garinger First Justice of the Juvenile Court in Middlesex County, the largest county in the Commonwealth. In that capacity, Judge Garinger coordinated six judges and oversaw 25 sessions at four different court sites in Cambridge, Framingham, Lowell and Waltham. She worked with the Clerk Magistrate, the Chief of Probation and all levels of court personnel in an effort to provide fair and respectful justice to the juveniles and their families who appear in the courts.
If you would like to contribute information on this article, contact us at info@iberkshires.com.

Lanesborough Board Looks to Pontoosuc Island Safety and Cleanup

By Breanna Steele

LANESBOROUGH, Mass. — The Friends of Pontoosuc cleaned up the two islands on the lake and shared concerns of what they saw.

Kevin McGinnis, Friends board member, spoke to the Select Board last week about how the cleanup went and erosion the group discovered.

"We particularly wanted to go out and take a peek at the islands and it was seven bags of garbage and a lot of refuse from geese that we actually removed from both islands," he said. "The Keeler Island, particularly in Lanesborough, that had a Sheetrock bucket full of nails that we actually removed from there, too, and that was from probably multiple years of pallet burning out there."

McGinnis added that there is significant erosion on the east side of the islands, facing the deepest part of the channel.

He said Lee Popovich, who knows horticulture, suggested plantings along the edges to hold the soil and filter runoff that may help with the E. coli outbreaks on the lake.

"These are things that we can discuss on trying to keep those islands in enjoyable shape, and for people to be able to enjoy," McGinnis said, by reducing risks such as geese deposits, and plantings that can help filter some of the debris.

"We can't control how hard our rain comes, but we can mitigate some of that filtering processes to keep bacteria count lower. Because if you notice, pretty much the E. coli breakouts that we do have are right after heavy rain."

He wants to help keep the islands safe and healthy. He introduced the cleanup group, saying the cleanup was enjoyable and those who volunteered help make a difference.

"Look forward to in the future bringing more information back, and with a lot of moving parts to talk about mitigating erosion and certain things," McGinnis said. "But it's something that we all need to be kind of aware of, and this body of water is so enjoyable, and we definitely want to try to keep it as healthy as possible, and keep control or keep an eye on certain things."

Select Board member Jason Breault asked about what the insurance is for the islands to which Town Administrator Gina Dario responded that the island is a public park, so it's covered the same way as other town land, like Glaston Park. There's no added liability.

Breault then asked from a patrol aspect what that means.

"Obviously, if we have an underage drinking party, we have no mechanism to address it, or if there's a medical emergency on that area, we would have to get a boat from Pittsfield, so obviously we have some sort of a delay there," Police Chief Rob Derksen said. "That's the only concern, I guess, is it's a park that we can't patrol and we can't regulate on a regular basis," 

Breault wondered if they could get funding for a boat down the line but Derksen said it would be difficult with his small force.

"That's pulling the thread on a sweater because then I have to have certified boat officers and, I mean, so that's training that's time away and then I would have to be able to actually put them on the boat, which again as you've heard me say a million times, most of the time I have one officer on duty so I can't split them in half and put half on a boat, half in a car, so it would be a challenge."

He added that the lake is patrolled by the state Environmental Police but with recent funding challenges, it's not that much.

View Full Story

More Regional Stories