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Legislation

 
 
 
 
The State of Massachusetts DSS took custody of  8,000 children last year
from their families and placed them in Foster care.
 
On average according to a 2006 statement by former DSS Commissioner Harry Spence in one year time period in Massachusetts about 100 actual cases of true child abuse occur.

House Bill 3870

Sponsor Jennifer Flanagan D-Leominster

Make it a crime to assist a child if you are an adult.

House Bill 4191

Sponsor: Salvatore F. DiMasi

Change the name of DSS./51B investigation to fifteen days

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House bill 3870 is filed by Jennifer Flanagan who wants to have any adult who harbors a child to be charged criminally. She feels this bill will help those children who run away from a  bad situations because it will give the police authority to hold an adult responsible.

This bill fails to deal with the fact if a child is in foster care or independent living under State care they have no other place to go but to an adult to seek shelter.

Currently when these children seek assistance from being abuse within the system they are sent to a locked facility. Further abused and taken from what little they have in life.  The State does not want you to know the true facts of foster care and this will allow them to hide more of the systems rampart abuse.


December 26, 2007

Patrick to create a child advocate

Will track cases of abuse, neglect

Governor Deval Patrick today will create the state's first Office of the Child Advocate, a watchdog with power to investigate allegations of child abuse and neglect and to monitor state agencies that provide services to children, state officials said yesterday

The Office of the Child Advocate, which Patrick will create by executive order, will have authority to scrutinize individual cases, report its findings publicly, and recommend policy changes, said JudyAnn Bigby, the state secretary of health and human services.

The office will not have the broad powers of child advocates in some other states, who can issue subpoenas, hold public hearings, and even sue state agencies

Nonetheless, Massachusetts child welfare advocates said it was an important move after a spate of high-profile abuse and neglect cases in recent years.

"Finally," said MaryLou Sudders, president of the Massachusetts Society for the Prevention of Cruelty to Children. "You need someone who can ask tough questions and has the backing of the governor. The office of child advocate is in response to a series of tragedies and legislative oversight hearings. There's no question about it."

The state agency that handles foster care, the Department of Social Services, has come under fire for several high-profile tragedies in recent years. In 2005, 4-year-old Dontel Jeffers died at the hands of his foster mother. Haleigh Poutre was left comatose in 2005 after a beating by her adoptive mother, who was under DSS supervision. And 4-year-old Rebecca Riley of Hull died after being given an overdose of psychotropic medications in 2006 by her parents, who had been monitored by DSS

Bigby said the appointment of an independent advocate should not be viewed as criticism of the agencies she oversees. "This is in no way a suggestion I don't have confidence in my commissioners," she said. "This is just another set of eyes to look over issues where children are in the care and protection of the state."

Angelo McClain, DSS commissioner, said he welcomes the scrutiny of an independent monitor.

We're looking for opportunities to improve and strengthen the work that we do," he said. "To the extent the child advocate can come in with a different lens and help us identify opportunities to improve, we would welcome it."

Besides DSS, the advocate will be empowered to review the Department of Youth Services, the Department of Mental Health, the Department of Mental Retardation, and the Department of Public Health.

It was unclear yesterday whether the appointment of an advocate would preempt a move by House Speaker Salvatore F. DiMasi to require appointment of a Cabinet-level secretary of child welfare, who would not have the same independence as Patrick's child advocate. DiMasi's proposal is contained in a comprehensive bill strengthening child abuse and neglect laws that was passed by the House last month. Bigby has opposed that measure, saying the advocate would play a unique watchdog role

DiMasi did not embrace the governor's move yesterday, but said he would consider it.

"The speaker's top priority in this is protecting the most vulnerable children in the Commonwealth," said David Guarino, DiMasi's spokesman. "We passed a strong bill that creates a secretary to put that issue in the top levels of state government. If the governor believes that can be accomplished through a child advocate and can show that it will work, he will welcome that. But he'll have to take a look at the proposal."

Senate President Therese Murray said that with the appointment of a child advocate, the Senate will probably reject moves to create the Cabinet-level position. The Senate, however, will approve other provisions of the House bill, she predicted

"It's a great idea, as long as the person is independent," she said of the governor's initiative.

A panel of specialists will screen applicants and by the end of February forward three names to the governor, who will make the final choice. The child advocate will remain in office until the governor's term expires. Officials could not say how much the advocate will earn, how many employees will work in the office, or how large the budget would be.

Jetta Bernier - executive director of Massachusetts Citizens for Children, a statewide advocacy group - applauded the move. She said the state needs an unbiased agency to keep track of abuse cases and make recommendations for reform.

"Our organization fully supports independent review of complex cases where there's an indication a state agency could have performed more effectively on behalf of the child," she said. "The office must share with the public and these agencies how the case unfolded and what could have been done to prevent injury."

November 2, 2007

Flanagan makes first House speech in three years

By Hillary Chabot

BOSTON -- State Rep. Jennifer Flanagan, D-Leominster, waited for a subject close to her heart to address before she stepped behind the podium on the House floor.

She saw her chance Thursday, as representatives debated a bill on child abuse and neglect.

"I feel strongly about this, having worked with many adolescents as they try and navigate a system that is fragmented," Flanagan said in support of the bill, part of which keeps a closer eye on teens who are placed in new homes through the Department of Social Services. "These kids are already vulnerable."

The speech was Flanagan's "maiden speech," the first time she's stepped up and spoken to House members during a formal session. Flanagan was greeted with applause and hugs after the speech.

Flanagan said she was in no rush to make the speech, which comes three years after she was elected.

"We all know you don't have to speak on the floor of the House to get things done around here," Flanagan said. "But it was an issue that is important to me and something I feel strongly about."

Flanagan wasn't even sure she would take the floor as the formal session started Thursday, but House Speaker Salvatore DiMasi cleared things up for her.

"He said, 'You're speaking today, right?'" Flanagan said.

Something, Flanagan said, must have struck a chord with her fellow lawmakers. The bill was passed unanimously.

 

email at: indpadvocate@comcast.net

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