2021-09-15 00:00:00 - Joint Committee on Children, Families and Persons with Disabilities
2021-09-15 00:00:00 - Joint Committee on Children, Families and Persons with Disabilities
SHOW NON-ESSENTIAL DIALOGUE
well.
Mhm. Yeah. Yeah.
Mhm. Today's hearing is here I believe is hearing number four it's about the subject matter is DCF adoption and abusive issues and so we'll be hearing testimony on a series of bills that relate to21 that subject matter. And before I get started I just want to say welcome to everybody here. I know a lot of us are hopeful that we'll be able to get back in person soon but until that's possible we're going to make the best use of technology and I'm glad to see everybody and I look forward to hearing the testimony and all these very important bills. And I'd also like to just at this point just take a time I'm just going to45 run through because I'm having a hard time seeing actual videos of people. So I'll just I'm just going to list the folks that are members of the committee from the house before I turn it over to senator Gomez to do the same for the Senate. And so my name is mike Finn I'm the chair of the Joint, I'm the co chair of the joint committee. My vice chair is Nathalie Blais and committee members. Our rep Jack Lewis rep tammy Gouveia Gouveia rep dave LeBoeuf rep Michele Ciccolo Representative nathalie Higgins representative carroll Doherty rep jake Oliveira Representative dan Burton the um and Representative Allyson Sullivan and those are the members from the house and I know that many of them, if not all of them are here. And so at this point before we start calling bills I'd like to introduce senator Gomez to say a few words. Senator, thank you. Chairman. Uh, Finn uh was glad to see everyone once again, my apologies for not being here in our last hearings. I want to thank sure first stepping in and gaveling uh, that last hearing. Um lastly I would like to just introduce uh my vice chair, uh Senator john Velis and also Senators Eldridge. Rausch um and mistake of the mind not of the heart. I was having some difficulties remembering some things I'm going to be limiting my my screen time. I'm not going anywhere, but if you see my camera off, it's not that I'm not paying attention,138 I just have to limit my screen time for for certain reasons, but I really appreciate you guys patients and I look forward to listen to everyone's testimony today. Thank you guys for being with us and being patient. Um Chairman, Finn
please uh take it away. Thank you very much. Senator. All right, so to get started, um the first bill that were, that's on our list today is uh House 188. Yeah, it's called its title to act fast tracking adoptions for Children in DCF custody and the sponsors repped on birthday. Um is there anyone intending to testify about that bill? I don't know if rep birthday. Um I do see is I see that he is in Representative, SHOW NON-ESSENTIAL DIALOGUE
I am here. Mr Chairman, thank you. Can you hear me? We can sir, thank you.
[REP BERTHIAUME:] [HB188] I am so not good at this technology stuff. So um so this one Mr Chairman and the next one are kind of companion bills. And it's more to open a conversation. So I think as I said in our last year anything when I first got in, myself and a few other legislators were209 inundated with foster parent issues as I know a few that are close personal friends. Um and one of the issues was um Children back and forth um in and out of foster223 homes and then they'll have an adoption tag put on and then that goes away and comes back. Um So this I mean clearly is in the best interests of the child and you can talk these foster parents, my parents were foster236 parent and you can hear when when a child goes back and forth like that. It just confuses them. There's behavioral problems when they go back. So I think and I we did have a conversation with the ombudsman years ago and trying to sit down the time of how many chances to give parents and she said there's really no limit on it. And I know judges have that that leeway to keep extending it out. But this this really is and and nobody in the situation things can think this is is in the best interest of the child. So we're trying to over the conversation here to somehow limit this, limit the back and forth. And then The 2nd 1, the next275 bill is basically took, why don't we start taking the rights of the child, um, over the rights of the parents because sometimes the parents, they're not competing completing the things they have to do and once again and and the kid gets bounced back and forth from foster care and and and different foster homes. And this isn't the best interests of the child. So I'm open to conversation on this and any friendly amendments the committee might have, but I think it's something we really need to address. Thank you.
[REP FINN:]306 Thank you very much. Representative. Um, you know what I'll do at this time for all the members. You can use the hand raised function or if you if I can see you on my screen, you can just kind of wave at me, hopefully I see that and we can get the question. So um, represented birthday before we get going. One of the questions I had and I guess it's really just just a basic question about um, In the, in the, in the bill itself, it talks about 18 months as being the threshold for when this would kick in? And so I'm just curious,341 you know why You know why, why the 18 month time frame? You346 know, why not a year. Why not two years? You know, how did you arrive at the 18 month um, rational if you will.
[BERTHIAUME:] So this was working with foster parents in, um, different people in this so called industry and it varies all across the country, there's some states, there's a hard six months, you're not if you haven't completed what you have to do um in six months your done, your child goes to adoption all the way up until two years. So we kind of was on the long round of it know in massachusetts a little more liberal just decided to leave 18 months and people do have issues. I had many friends and and known many friends that have had no other drug issues and and fixed it. So um 18 months and once again this is open ended with the committee, 18 months. Seems like a Pretty long time if you if you can get your stuff together within 18 months and I think that's a good thing.
SHOW NON-ESSENTIAL DIALOGUE
Okay, thank you. Thank you. Uh so just I'm sorry Senator Gomez I don't um do you have any questions for the representative soon? Thanks so much. None or any any other members of the committee
not seeing hands raised and so I guess that use Well, so for because I only called Bill #188. So I'm gonna at this at this time I see no other questions. So I'll close public hearing on 188 And move on to 189 even though the representative already um you know, briefly discussed it. Robertson do you have anything to add for house 189?
[BERTHIAUME:] Mr Chairman I think I think we really need to start doing this. You know, that's what that's what we're here for. To watch out for Children or what this committee is for. And I think Children need to start coming first. SHOW NON-ESSENTIAL DIALOGUE
Okay.
All right. Um
All right. So this open up the florida questions if any members have any questions about this additional this bill as well. It's House 1 89. An act establishing the rights of a child to supersede the rights of the biological parents SHOW NON-ESSENTIAL DIALOGUE
and I don't see any. So that's okay. So I guess that's uh so Representative, thank you for your testimony on both of those bills and we'll the committee will get back to you if we do receive any other questions if we want to talk further about that, If that's that's all right with you? All right. So moving on to uh Bill H2 20 an act relative to Children in the care protection in custody of the commonwealth. The lead sponsor on this bill is Representative Garballey Garballey however you prefer to say it or however he would like to hear it. Um And so I don't know if it is there anyone signed up to testify for H- 220. Is that my colonel? No. Okay so there's nobody scheduled to testify. So I guess we'll Closed the hearing on H 2 20. Moving on House to 41 and Act relative part Lynn SHOW NON-ESSENTIAL DIALOGUE
that I'm sorry Uh, lin aereo then. I was to 20.
Yes.
You have the floor man. If you that if you'd like to testify about that bill, please go ahead.
[LYNN BARRIEAU (CASA560 PROJECT):] Yes.560 I would just like to say that. Um, I worked for the cost of project in western county, um, were court appointed special advocates. Um, and also in relation to the previous two bills that you were discussing571 about, um, Children that massachusetts be a best577 interest state as opposed to a family first state. That cost would certainly be in support of that along with Children in foster care, receiving educational services. Um, from, from either educational advocates or from cost of supporters. Cost of volunteers in order to promote foundational education for them as they often fall through the cracks as602 social workers are not often able to attend their IP meetings. Um, I think it would be incredibly beneficial if there could be a stronger collaboration between DCF and either caSA advocates or foster parents, educational surrogates and educational guardians that light, um, to provide Children with the best opportunity to move forward. Um, whether they're returning to their biological family or whether they're going to be adopted. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Thank you very much Miss burial. Thank you for that testimony. And so you were you were I got ahead of myself there. So I just want to make sure so that you were commenting on a645 21 89 not not H 2 20 correct. Probably all three right anything that has to do with DCF Okay all right, fair enough. Um all right so kind of getting back to it so on H220 is there anyone else um that would like to testify on that bill on each enact relative to Children in the care protection and custody of the commonwealth
and I'm looking around and I don't see anybody using any hands so we should be good there.
SHOW NON-ESSENTIAL DIALOGUE
Okay moving on H 2 41 and act relative to the prevention of child sexual abuse in schools and youth organisations lead sponsors representative john Lawn and I believe I don't know if this is a panel of these are individuals but jena Bernier, Suzanne Sena and Adrian Simeon you all have signed up to testify. If it is a panel you can choose amongst yourselves who would like to testify first and if not whoever jumps the gun gets to gulf.
I see Adrian SHOW NON-ESSENTIAL DIALOGUE
Adrian, I'm sorry. Yes. Adrian hi how are you?726
[ADRIANNE SIMEONE (GUEST):] [SB132] [HB241] Hi good thanks. Um so I'm testifying in support of this bill as well as S- 132. Um we are living in a pandemic and I think you know I'm not referring to a virus but a crime it has been going on for so many generations that for some it has become a perverse normal nine years ago this very month. Actually I learned how prevalent child sexual abuse is and I also learned how much can be done to protect Children. I know that awareness is not enough check Children, we need to act. I am a survivor of child sexual abuse and I764 am a survivor of sexual harassment within the message to see its public school system when I was growing up, but I didn't start this journey of adversity advocacy because this affected my life.
But actually despite of it, I spent many years trying to get over779 what happened to me and to not think about it. But now as a mother and more importantly as an adult, I know that my discomfort in the discomfort of those who have not been affected by the rape molestation and exploitation of Children, it matters nothing to the discomfort, fear and shame of Children who are living through this799 right now and to the survivors are still working on their healing, you know, it really takes a moment of pause to realize what it means to have one in four women and one in six men in our country living as survivors of child sexual abuse. Every child has a constitutional right to live without abuse and yet we know that if we do not tell Children they do not have to823 tolerate sexual abuse. They often believe they have no choice and no voice and this is especially true for Children who are living with disabilities. They are at an increased risk and they are often less educated on their rights. The cost to our country and society for not doing enough to protect Children from sexual abuse cost millions to billions of dollars.
We all have a responsibility to protect Children. We as adults can take steps to reduce risks for abuse even coming into play in a child's life. And that is one of the important features of this bill. We are the adults. When I began this mission, I did so because I cannot imagine taking the knowledge that I've gained and keep it to myself. If a child869 I knew was abused and I could have done something to protect that child but I didn't because I didn't want875 to have these conversations. How could I live with myself? What about the Children and our massachusetts. Schools who need to know they do not have to live with abuse. Can we live in our conscience continuing not to protect, protect and empower them. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Sorry, thank you Adrian. Um, so I think one of the next people to testify was either Suzanne Messina or Jetta Bernier are either of you on the call? I'm here. Can you hear me? I can Suzanne card please.
[SUZANNE MESSINA (GUEST):] [SB132] [HB241] Okay, thank you thank you so much. Yes, like Adrian, I will be testifying on the 132 bill as well. Senator Lovely. But this is for the two H 2 41. My name is Susanne Messina. I am a mother. I am a board member of mass kids. I'm asking you to hear my testimony with two understandings. one it is important even if uncomfortable for us to know what abuse looks like. So I will be offering the following to child characterizations which kind of dovetails into the other bill, but one representing abused Children and the other representing abused Children's disabilities. The other understanding is that in so many cases this abuse could have been prevented with appropriate education through legislation. And so we have to step back and as uncomfortable as it is. We have to understand what sexual abuse looks like and this is what it looks under the guise of care and affection. Like so many others, those with disabilities endured years of horrific abuse in silence.
They had no voice, there was no education to teach them like so many others, their world was split into the normal fund safe world some adults provided and the dark terrifying one that just one other adult through them in such painful confusion regarding adult behavior would scar them for life, annihilating any secure foundation of trust. What does abuse look like? Like so many others, Their immune systems were compromised And this is in fact, this is not theory. This is scientific facts that we have known for many years. Their immune systems are compromised by abuse giving a free pass to triggering diseases that would affect one child's physical conditions, the life and then the other deep into the abyss of autism, like so many others. So you have your mainstream and then you have your disabled and they're both vulnerable. What does abuse look like? The developing brains were hijacked the fight flight or freeze reaction becomes the norm and this is fact for most of us, the fight and the flight and the freeze is triggered when we are in danger. But these Children always feel in danger and that messes up their body, their chemistry, their their whole sense of being and this becomes the norm.
As I said, even for some of the most innocent of daily events going to a party, going to a game, fear becomes their constant companion. What does sexual abuse look like? It's all of the above and more because the lives they were meant to live, become compromised by fear and pain. Sexual abuse might have been prevented if we had had childhood sexual abuse. Education for staff for teachers for youth serving organizations. If we had a code of conduct, if we and our Children have been given an awareness and a voice through education, this horrific and scarring abuse might have been prevented and not sadly reported after the fact this bill would mandate education in schools and youth serving organizations adopt a code of conduct and by doing so would further educate Children on what is acceptable and what is not.
We're talking about Children and their voices importantly, these Children would carry that knowledge out into the world of family and friends because we know abuse occurs there and should abuse be looking their Children would have a voice to protest to reach out so that abuse could be prevented and not again tragically be reported after the fact and the newly released call to action report provided by mass kids and prevent abuse America And reported on by Channel five, we learned1148 that 34 states, 34 states have already passed child sexual abuse education laws in Massachusetts. We have not depending Senator Lovely is counter bill is pending. So their lawns bill is here. It is time to pass this bill. I'm sorry Representative Lawn It is time1166 to pass this bill. It is time to stem the epidemic of childhood sexual abuse. It is time to stop. We are not protecting our Children if we are reporting abuse more than we are preventing it. So it's about prevention. It's about giving our Children a voice. So I implore you to report out favorably. So that preventing sexual abuse far outweighs the devastating and tragic need to report it. Thank you so much. SHOW NON-ESSENTIAL DIALOGUE
Thank Thank you very much Suzanne and I do notice that I don't, I didn't see, I just went through the participant list and I didn't see Jetta Bernier, but I don't know if she could be calling in So get hurt on the are you on the call.
Uh she may have been called away. She's um um the head of mass kids. So she may have been called away, but I'll let her know. Okay, great. Um, so I guess at this point I'll open up the floor to questions from any of the committee members. Does anybody have any1231 questions for either of these two testifying Ayers SHOW NON-ESSENTIAL DIALOGUE
and I don't see any hands. I do see a hand I think rep Oliveira Go ahead sir.
[REP OLIVEIRA:] Thank you. Mr Chairman and thank you Susannah and Lynn for that passionate testimony. I just, I'm looking at the bill right now and um, it's requiring every two years that staff and mandated reporters in school district received training. Where did that two years come up with? Was there a thought to do annual training or every, I'm just wondering where the two years in the bill came from as a way to do it. Is it mirroring something that other states do in other school districts? I'm just wondering on that number.
[MESSINA:] I think that would probably be a question for representative Lawn the specifics of the bill, I wish I could answer that for you, but I don't Adrian do you,
[SIMEONE:] I don't know. But actually in Burlington massachusetts, we are using a training program for teachers and staff and the public school systems and they were doing it annually. They missed it last year because of covid. Um, but I'm not sure why they switched over to two years maybe. So it was less of a burden for the school systems possibly. But I'm not I'm not quite sure.
Thank you. Okay, thank you're good. Any other question wrapped? Good. Thank you. Mr Chairman.1313 Okay.
[FINN:] Um, and so I have a question as well. And so it has to do with the volunteers and youth serving organizations that that would receive the training are just for the paid employees only. And I don't know if you were to ask you guys. I'm sorry.
[SIMEONE]I believe it's including volunteers as well.
[MESSINA:] I would imagine it works or volunteers with Children I believe. Yeah. Okay. SHOW NON-ESSENTIAL DIALOGUE
All right. And any other questions from any other committee members and I don't see any. Please sit on. Thanks. So, so I guess at this time I I just want to say to you, Suzanne and Adrian, thank you very much for participating today and for testifying. I really do appreciate um, you know that effort and we look forward to,1368 you know, hearing from others as the bill hearing process continues on. So thank you. Thank you.1374 Thank you.
Jetta Bernier has joined us. Jet is here. Okay. Jetta,
you're muted Jenna but we definitely see your
your initials.
Can I can meet her. I don't know if I can invite her or if the L A F L. I S. I don't know if1408 it is a shame as though. Yeah. Ramos is there any way for or is it her That would have to unmute herself.
Anyone?
I well
and I guess I can come back1429 if she Jetta if you can hear us. If you're muted if you can on mute yourself then we'll hear your testimony. If not I guess when you do on mute I can always come back to it
and
so I don't see anything. Okay so we'll just move on I'll keep the public hearing open for a little bit in case she is able to overcome the technical difficulty. That's not a Not a problem.
SHOW NON-ESSENTIAL DIALOGUE
So we'll just move on uh to the next bill on the list which is h. 43 And Senate 1 23. An act expanding access to adoption the house sponsors our own committee member Jack Representative Lewis and also senator lovely. So rep I do know I know that you're here. I don't want to. Um Yes but senator lovely out but you get the floor first. How about that if she's here? I don't know if she's here or not. I haven't seen her in the list. Thank you. I know there1489 was a hope from her office that sometimes this morning between other hearings and obligations she would be able to hopefully stop by.
[REP LEWIS:] [HB243] [SB123] Uh but first I just want to thank the chairs and the fellow committee members for scheduling this hearing on a bill that many of us may remember from last session that we voted out favorably uh H 2 43. An act expanding access to adoption along with us we heard S 1 23 a companion bill in the Senate by senator. Lovely. I also want to thank the 33 co sponsors from across every imaginable political spectrum who are supporting this bill today. Thank you. Thank you, thank you. Uh, this bill is in many ways very straightforward. Uh, it simply strikes a phrase that prevents permanency for numerous Children in our commonwealth Phrase that simply doesn't exist in the general laws of 40 other 48 other states. Uh, and a phrase that prevents certain family members from adopting specific other family members as we'll hear from some other folks today. This bill does not change the strong criteria for adoption here in the commonwealth. But what I would do would make a concrete difference tomorrow in the lives of so many kids in our commonwealth.
So let's imagine for a moment that I'm uh let's say 30, let's imagine I'm 30. And my biological mom had me when she was in high school. 30 years later, I've secured stable housing, a stable job and I've met all the criteria to adopt a child here in the1585 commonwealth. Let's also say1587 that I have a younger sibling For the sake of a number, let's say they're 10 years old and they can no longer live with our biological mother and that they have had their DCF goal change to adoption. But because of this one line in massachusetts law, i someone who has met all the criteria to adopt any other kid in the commonwealth and unable to provide my younger sibling the stability that comes with in this instance adoption, we'll hear later today about what guardianship does is a possibility, but I know what you're here for many families and parents is that there is nothing as stabilizing to a young person than experiencing permanency. And in the case of this hypothetical younger sibling permanency through adoption, I'd be happy to answer any questions you have or we can talk offline. Uh and again, I hope you'll join me in supporting hundreds of kids in our commonwealth and their journey towards greater stability by passing this bill forward today. Thank you again.
SHOW NON-ESSENTIAL DIALOGUE
Thank you Representative. And I just want to go through the list real quick to see if if senator Lovely has join this meet and I don't see that she has, which is okay. So at this time to other folks have signed up to testify in support of this bill tammy mellow from uh and Stephanie steed are tammy and Stephanie on the call. Yes, chair, I'm here tammy mellow. Go ahead timmy, thank you.
[TAMMY MELLO (CHILDREN'S LEAGUE OF MASS):][SB123] [SB123] Good morning chair. Finn charcoal Gomez and members of the committee, Thank you for having me here today in support1692 of House 243 and Senate 123 as stated, my name is Tommy mellow and I'm the executive director of the Children's League of massachusetts and here in support of this important film as you all know, as I've been in front of this committee before Kerans League is a statewide nonprofit association of over 60 private and public organizations and individuals that collectively advocate for public policies and quality services in1718 the best interest of the Commonwealth Children, youth and families. We are incredibly fortunate that amongst our membership, we also have1725 an adoption task force that comprises of experts on strategies1729 to address permanency through adoption for youth in the DCF system and provides long term sustainability for families through professional and natural support networks and lifelong connections.
As Representative Lewis stated under the current1745 law, family members in massachusetts prohibited from adopting their younger siblings, aunts or uncles even when the older family member is independent, stable and financially can support the child. As you also heard from Lewis in his testimony, guardianships are available. They have been the old However, guardianships do not provide the, the stability and the permanency that comes with the adoption of a young child and we know that that adoption is a key determinant for their overall mental and emotional well being. This legislation provides a very simple fix to a current law by allowing for extended kin to permanently adopt family members when it's in the child's best interest. You will see in my written testimony that we will be submitting that we reference1799 some research that's out there and really what it boils down to is this when it becomes necessary to remove a child from biological parents. Children do best when they can stay with families. Keeping family connections is essential to the child's mental and emotional health and well being as well as their sense of safety, stability and belonging.
One study suggests that regardless of the stability placement of their placement history and I know that you all are struggling with all1827 kinds of bills related to improving outcomes for Children involved in child welfare placement, stability is one of those challenges. But regardless of that placement history, the study shows that Children in kinship care maybe as much as 50% more likely to exhibit behavioral, problems. less behavioral problems. Several years after placement compared to Children in non kinship care1852 as you'll see in the statistics and you probably already have seen from DCF Since January 2018, the placement of Children Kinship Foster homes immediately following the home removal increased 75% statewide. That's good. We want kids staying with families And in fiscal year 2020, of all Children and departmental foster care were initially placed with Ken.
Also good. More importantly, expanding kinship, particularly kinship adoption is a direct and simple strategy to mitigate the disproportionality and adoptions According to DCF data, white Children were twice as likely to be adopted that black1893 and Hispanic Children in fiscal year 2020 despite these groups being nearly equal in their adoption as with having permanency plan of adoption, expanding kinship adoption would increase the likelihood that minority Children with adoption as a permanency goal are able to find culturally relevant forever. Holmes the need for adoptive families has only increased over time. In fiscal year 2020 there were 3,244 Children in massachusetts in DCF care with a permanency goal of adoption. In short with more Children waiting for adoption and minority Children disproportionately impacted by adoption delays, expanding access to adoption is a simple fix. Moreover, kinship adoptions offered the most healthy and stable option for many Children contributing to overall stability and long term positive outcomes. We ask that you vote this bill out favorably as you did in the last session and work diligently for its passage and I can't stress1958 this enough as quickly as possible. The this bill passing quickly can vary um immediately and directly impact the lives and the long term outcomes1971 of Children the day after it is signed into law.
SHOW NON-ESSENTIAL DIALOGUE
Thank you. Thank you very much tammy. And then um is Stephanie steve Stephanie, Are you on the call? Yes I am Stephanie if you'd like to testify and then I do know that I do see a couple of questions in the and the q ready to get be heard. So go ahead
Stephanie
[STEPHANIE STEED (18 DEGREES):] thank you for the opportunity to practice to provide testimony. Um what tammy has already stated is so very important and what I would like to highlight even more is the backlog of Children waiting to be adopted and with the exclusion of adoption opportunities through ken by siblings, by uncles and aunts. It continues that backlog. The number of Children waiting2029 for adoption is one that could be mitigated and minimized with the change in this bill. We at 18° the family social service agency that I represent um worked diligently with Children and families to have their pregnancy plans established. And as studies show permanency with ken that will continue to allow family connections, connections to racial and cultural experiences into community are more important than any other aspect and establishing healthy and happy Children and young adults allowing this adoption bill.
Um past and expanding the access will continue that path and decreasing the number of Children um in the state's custody, allowing them the resources, the family connections, the cultural connections that they still deserve. We have seen through our permanency actions that the benefits of a stable and nurturing family really increases other. Um The health the case a studies show the health your well being has a positive impact. We also have families who have shared with us their personal experiences of of living in a2129 blended family and without the adoption. Um They really do struggle with some of the permit. See that could be afforded to them. So we really respectfully urged the committee to report again out this bill favorably and work diligently forced passage. Thank you again for the opportunity to provide testimony.
SHOW NON-ESSENTIAL DIALOGUE
Thank you Stephanie, thank you very much for that testimony and I do know that rep Doherty has her hand um she had her hand up, hopefully it's still up. Yeah.
[REP DOHERTY:] Yes thank you chair a Finn and2167 if I might through you to rep Lewis I'm just curious. I mean it's so simple and ask, so practical and approach so safe and effort on behalf of these very vulnerable Children. I'm wondering what to your knowledge has been offered as a reason why massachusetts has not yet adopted such such a process.
[REP LEWIS:] Thank you for that question and uh I hope the other two that just spoke uh trimming at any time to clarify or correct anything I'm about to say. Uh no, my my experience in having conversations with colleagues2208 in various state offices is that nearly universally everyone knows and believes that this is a technical change that needs to happen. Uh and I firmly believe that that's the case. Uh There are a lot of important bills that come before us each year.2226 Uh 70002227 are filed. I'll let each of us decide what percentage of those are important and what percentage should become law but but I'm growing more and more convinced that uh this bill has the universal support that it needs uh and then hopefully this is the session where we may this technical fix that uh I mean so much to so many. I I think it just one more thing to add to that. I think the this pandemic, the opioid epidemic. Ah some of these awful cases that we have reflected on as a committee has really trying to spotlight on uh foster care, DCF adoption. Uh and sometimes unfortunately it takes those difficult conversations uh to realize that while we need larger cultural and adaptive change many things including I would say the work of the department uh that there are also important technical fixes that we should make along the way as we strive towards larger cultural transitions. SHOW NON-ESSENTIAL DIALOGUE
Thank you rep Lewis appreciate that Sheriff in. Thank you very much. I do. So I did see rep Gouveia you have your hand up,
looks to be there.
[REP GOUVEIA:] Yes. Hi, how are you all? Thank you so much. Chairman finn really appreciate it,2311 really appreciate my colleague who put this bill forward. I just want to share a personal story which is um the father of my Children, he was taken in by his much older siblings as was um his two youngest siblings. They were a family of 15. Um and in that particular biological family, there were2332 10 and um he is a teacher, um my ex husband, he's a teacher, his sister is a nurse and his other brother is a business owner and we all firmly believe in our family that there is no way that they would have had the successes that they've had in graduating high school had it not been for their much older siblings taking them in and taking care of them. I'm not aware of whether or not adoption was an issue in that in that situation or not, but just knowing that they were allowed to be cared for by their older siblings I know has had huge rippling effects um both on their family but also on our communities um at large. So just wanted to share that and again, thank rep Lewis and Senator Lovely for filing this really, really important legislation and I do hope we can move it forward this session. Thank you.
SHOW NON-ESSENTIAL DIALOGUE
Thank you Representative And then I'll just one last look around2388 the room. Is there anyone else that would like to testify on this particular bill?2393
And I don't see anyone. So I guess at this time I'd like to thank tammy and Tommy mellow and Stephanie steve for your testimony on the bill, rep2404 Lewis thank you for your testimony and that bill and for all the2407 questions and I'm sure you will be hearing from the committee sooner rather than later. I see one more and just went up Jetta Bernier.
[JETTA BERNIER (MASS KIDS):] Yes, thank you Chairman Finn I apologize for the technical glitch apparently was a firewall issue on my new computer. Okay, but my name is Jetta Bernier and I direct mass kids, a 60 year old citizen based child advocacy organization and it's the site of the enough abuse campaign on child sexual abuse prevention. I'm testifying in support of Representative John Lawn House 241 which would mandate child sexual abuse prevention.
SHOW NON-ESSENTIAL DIALOGUE
Yes, can I interrupt for just one second please? We had moved on from that bill. I did not close the testimony on it so I'm going to ask that you just hold off for a2455 second so that I can close the public hearing. I believe it's age 243 and Senate 123. I'd be pleased to do that. Okay, thank you very much. Mom So do I see, do I hear any other questions or comments And the Rep Lewis Bill House to 43 and I don't see any. So at this time I'm going to close the public test to close public hearing on that bill and we're going to move on and Vieira um I hate to do this to you, but I'm going to ask you to sit tight for just a minute. I have um as is customary in the legislature, I have a couple panels with representatives that are going to be on them for a different bill who have obligations that they need to get to after this. And so I'm going to call them out of order and then I'll come back to you. I promise. Thank you so much you're welcome. And so I am going to switch over to the rep O'Day bill
259 H2592516 rep O'Day I believe you're here in the room the floor is yours sir and I know that you have a panel that will testify2523 just after you
[REP O'DAY:] [HB259] you believe correctly. MR chairman thanks very much appreciate you taking me out of order shortly to you and the the other committee members greatly appreciated. I join you all today to testify in support of my legislation House2541 259 an act to provide for the alternative method of examining competency Right now. In the state of Massachusetts, of DCF social workers do not believe that they have adequate time for their responsibilities.2559 83% of former DCF work is report that their caseloads were too high and that was one of the reasons that2570 they left parliament. one attainable solution to address these concerns to hire more social workers, spread out the caseload caseload more evenly. However, become a certified social worker In massachusetts one must pass the test.
It's true for all standardized, I2593 think sometimes the highest and best person does not perform well while taking standardized tests according to the A Swb aspiring social workers with a bachelor's degree Passed the exam at a rate of about 68%. This2613 means2613 obviously that about 32% taking those tests do not. So2620 that puts us in a situation where we may have had social workers with to three four years of experience were hired have college degrees come into the, into the department begin taking the standardized tests and for one reason or another are unable. Currently to pass that written test.
Some who may have learning disabilities such as dyslexia or some workers who have english as their second language. Put at severe disadvantage is under the guise of standardized testing House to 59 with Grant Provisional licences to aspiring social workers. We have taken the exam No less than two times in field within 15 point. So obviously they were fairly close. The passing didn't quite cross that threshold. The license would be valid for only one2689 year. It also would require that licences complete professional development, satisfy supervisory requirements and maintain a professional portfolio after the requirements are satisfied and the license has expired, The licensee may be granted a full life.
Our state needs more talented and dedicated people to serve as social workers and more social America's who can relate to the challenges some2723 of the Children and families face. We should not be barring the highly qualified from the field because they've not been able to pass a standardized test. As a former social worker myself can truly attend. Tommy wells need for more talented social workers and the positive transformative impact this legislation would have. So again, we have individuals who clearly can do the job, they come in, they've been doing the job, they take the test, they take the test, they take the test for a variety of reasons are unable2762 to pass this test and we then as2765 an agency or or as a commonwealth the side because they could not pass. Yes we dismissed him from the agency sends a lot of workers who have had years of experience who have shown in more than one capacity their ability to be a good qualified hard work and high quality social worker. But as a result of not passing the test we're losing these people and when we lose one of that quality have to replace them. It takes months to replace them if not years. And uh I really hope that this committee we'll see favorably on this bill and give it a favorable outcome. Thank you Mr Chairman and thank you to the members.
SHOW NON-ESSENTIAL DIALOGUE
Thank you representative before I move on2817 to the panel. It's also supposed to testify. I guess I'll open it up to any questions from committee members for the representative.
You know you don't have to we can always wait until the rest of the panel testifies. And I don't see any so looking, glancing real quickly, I don't see any hands raised. So at this time I'm going to call the panel which is consists of chris condon from S. E. I. U. Kayla McGrath and brian castellanos.
And I usually I know that chris likes to start and go first. So chris where are you? I'm right right here Mr Chairman. Um Thank you. I'm not going to be brief for either than even I usually am because rep O'Day leader. O'Day did such a good job, articulating outlining the bill. So I'm just going to yield my time. I think Kayla um is going to go first. Um the timing works out. She has an 11 o'clock card stop, so we appreciate you're getting us in and then brian will follow after Kayla. Kayla. Go ahead.
Mhm
Kayla,
did you see brian's name brian? Do you want to go first? I did see brian, Yeah, go ahead brian, There's no problem, 1/2.
[BRIAN CASTELLANOS (DCF):] Thank you so much. I do2903 appreciate uh rep Finn and everyone taking time today to hear us out. Um again, my name is brian cox Xiarhos and I'm a licensed regional Mr absent social worker. I'm also a second term at large Lynn school committee elected official for the city of Lynn. I'm here today to support uh2921 creating an alternative pathway to obtain a relationship as a first generation low income latino. My life was engineered for failure. I was exposed to childhood traumas in extreme poverty as a child and adolescent At the age of 13, my mother would abandon my family due to severe substance abuse issues in her battle with crack cocaine. I was faced with tremendous odds and left broken by an emotional and physical neglected upbringing at the age of 17, I lost a brother to cancer and became an unaccompanied youth where I would culture and stuff out of my car. I was a lost man. Young man who suffered from crippling anxiety and instability.
These combinations of hardships were life threatening, but a team of public servants change the trajectory of my life. There were teachers, social workers, mental health providers, coaches and community leaders across the city of Lynn. They showed me the true meaning of compassion and service. They empowered me to review my life's adversities as growth opportunities. They believed in me and revealed to me that it was ok to pursue your dreams and that although the odds boy gets me I could be successful. I will climb a mountain in order to be that beacon of light that my peers and loved ones and communities so desperately needed. I received a bachelor of arts in criminology for me a state university and graduated with a three point a. G. P. A. Later earned my masters of Science from Salem State University where I also graduated with almost 3.9 G. P. A. And I worked as a after graduate school, I worked as a master level mobile crisis clinician and intensive care coordinator for Wayside Youth and Family Support Network.
Before four years ago I started my dream drive with the department of Children and families. All I needed to do was passed an exam in the first nine months of my employment and then I'd be able to show up and change the lives of young people like the many public servants that has shown up to me. Problem was could have passed. I failed to examine three3035 times by one point and I was informed that I would have to leave the department fortunately I was able to take the exam of fourth time and passed the exam traumatized me and left me in tears on many occasions. We need a pathway from my stuff and the many workers, social workers who have struggled alongside3052 me, social workers who speak different languages.
Social workers with disabilities, social workers who struggle to test well in a standardised set in people like us are the best equipped to show up for some of our most vulnerable kids because we lived in our shared experiences are an asset with the young people who we worked with and the system that we engage with. This exam is a tremendous barrier to retention and to entry which doesn't measure my ability to do quality social work. Please consider an alternative pathway to licensure. So we can ensure great social workers and servants can continue to carry out the essential work they do and what they were hired to do. I'm gonna leave3092 you with this. It's the Children. The world almost breaks who grew up to save it. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you brian. And then3102 I'll give one last call for Kayla Kayla are you?
Yeah, I don't know. Can you hear me? Yes we are. Hi, I apologize. I try to own milk somehow and I got kicked out.
[KAYLA MCGRATH (DCF):] We can hear you and you and you can to testify as you see fit. Go ahead. Okay again. My name is Kayla. I am a laotian decent. I was born in Laos um was forced to leave the country because of the war and I was raised in Thailand camp. I often remind myself how fortunate I am to have a privilege to be in the United States where have received a good education and employment.3143 I have work For the Capano short instant family for 17 years my career broke is kinship family resource social worker. My other rose as a DCF include being an ongoing social worker, investigator, emergency response frontline workers and I am also occurring hotline workers during the night, respond in these multiple roles. I have you utilized my loud language with the Laos family reserve and assist my co workers, supervisors managers.
My heritage has been as an asset to the department and for those we care for so why working full time and being a full time mother of three boys. I went to show,3184 I wanted to show my son that is never too late to throw them education. So I decided to go back for my master a degree in social work to Simmons College with the sport of DCF With 17 years at DCF and now a massive degree in social work. I should feel stable, secure and not afraid that I will lose my job and my family incomes But I was afraid until recently I didn't have my social license. I took the classes, participant in study groups But it still took me eight attempt eight attempt to pass this test of social work, licensing. My ability to speak to speak multiple languages and might allow heritage which were Norway as asset to my job soon become a greatest barrier to my employment. The tests was only offer in english, which is not my first language.
The cultural differences on my upbringing make many of the exam question confusing and how to understand the exam. Put so much stress in my life and my family that I used to worry daily and I wouldn't have a job tomorrow. I understand that getting my licence is important. I support the fact that everyone needs to be licensed. But the test doesn't do my job justice. We pride ourselves to on being a diverse, inclusive workforce. Yet medical social worker were kept out of the field because of the standardized tests. The school I received did not reflect who I was or the scale I brought to the table. The chest doesn't show how I would find a home for foster kids get. It can adopted the testing showed my background that life experience allow me to connect with families the way that eloquent every day at work. I do everything I could to make sure the department as successful as can be assessed. Doesn't measure my passion for3309 the work that I do. Thank you,
Kayla, thank you very much.
I see a hand up from our good friend. Mr Representative O'Day Mr Leader
[O'DAY:] Mr Chairman. I hadn't intended on coming back to the panel. But you know, all you need to do is to listen to what these two workers just said. That's all you need to know. Um That was incredible testimony by these two folks out here doing this work. And I just would like the committee to know uh that I have made a request of the department and of a couple of other agencies trying to get information on who are the people that3355 have taken this test, who is failing the test. What what what the what the great points are those that fail the test. How close do they come? And that was several weeks ago. Mr Chairman. And I've had cricket, so to speak, from those agencies that I've reached out to. Uh so it's it's difficult to fix the problem when they will not respond to us. But I just really wanted to say all the committee needs to know is the exact information that these two incredible work is just provided. And you understand why the test um presents problems. And I just3393 also would like to to know that you know, there are certainly uh caucasian work is english speaking work is who just do not for3403 one reason or another do well with the standardized test and they may have the greatest strength is ongoing. Social workers, investigative social workers, family resource, uh, social work is they don't pass the test were going to fire them to make one bit of sense to me. Mr Chairman, thank you again. And I apologize for coming back on. Thank you.
SHOW NON-ESSENTIAL DIALOGUE
That's all right. I do see rip Doherty carol.
[DOHERTY:] Um, thank you. Thank you chair. And then to the folks on the panel who have presented this is an extremely important bill. And so it's a comment3440 that I have to make and a parallel that I draw between the difficulties that a certain level of population and education, para professionals teaching assistance, et cetera, et cetera, who have had the experience in schools and who are on a path to teach a licensure who have the same difficulty with the m3461 tell that is3462 offered by the Department of Education. And so it is about lowering standards. It's about providing the opportunities for these people who have labored in the vineyard if you will, whether social work or education and perhaps in other professions who are not able for language barriers and other reasons, uh, to passed the test and many in many instances in education, these folks take this test over and over and over again, falling very short, much like brian by a point or two, uh, in terms of passing. So I support this effort wholeheartedly and I know that there is a bill or bills pending in the joint Committee on Education that speak to trying to address this issue for3511 people who are pursuing teacher licenses as well. So thank you very much. I appreciate the time and your efforts.
Thank you Representative and I just always I got to say it's great to be able to hear you, you know, no technical difficulties, uh some ability today, we have resolved those issues. Um so actually I have a question and it's kind of just came to me because of you know, what ripped already had just said, I don't know, chris or rep O'Day would want to answer it. Are there any efforts made by DCF for like language accommodations in testing or you know, like what what's the current processes are they? You know, if there's if there's an issue of a language barrier, are the test the test takers allowed, you know, additional time or you know, what's the current practice mike?
[O'DAY:] I I don't think so, um again, DCF does not um off of the test, it's done through consumer protection and professional licensure. Uh and you know, also I believe that this test is not only specific to child welfare issues, there's a smattering of other social work questions contained within the3593 test. So it isn't just relative to a child welfare. So that adds another little small layer by layer in the last um you know, to folks that um taking this test who specific focuses child welfare and there are other, you know, outside questions that, you know, you may or may not have an answer. But again, DCF only refers their workers to the state3624 licensure board where the test is presented to them and I don't believe that if you speak a language, you know, a second language that you're given any additional time to take that exam.
SHOW NON-ESSENTIAL DIALOGUE
Okay, thank you, rep O'Day and then um I don't know. Well chris is that was that answer satisfactory?
[CHRIS CONDON (SEIU LOCAL 509):] You know, I think that's right. I'll just note to rep O'Day did mention the letters he's and we have asked formally if they allow additional time for people for whom english is not their um, you know, primary or first language um as he indicated they haven't responded to that, we're not aware of it anecdotally right. We haven't heard from workers who were granted Moore time. It is english only.
[FINN:] Okay. And then actually, if I can ask rebel Day if you can get us that list of questions, I want to say that I know I saw an email from you notifying me that, but if you can get me that list of questions, we we'll try to follow up on that as well because I'd like to learn a little bit more about this and then I do, I have one more question if you will um can you respond to, you know, some of some concerns that would, you know, or I should say the concern, um, you know, from folks who, who would view this as lowering the standards in light of, you know, some of the recent tragedies and the new standards that are being, uh, put in place.
SHOW NON-ESSENTIAL DIALOGUE
So if you could just3716 talk to that briefly, I don't rip O'Day or anybody from the piano in light Obama.
[CONDON:] Yeah, I'll jump in, right. I mean, and I think actually Kayla said it well, right. She supports the standard. She supports the license. Like, you know, in theory, we could be fined legislation3734 to eliminate the requirement of licensure altogether. Um, but that's not your position. We have our, that we support. Um, we don't believe we're lowering the standards.3742 We think we're, um, improving the standards. Um, we need to accurately measure the contributions people are going to make. A social workers, um, if we want social workers who look, um, like the families they're working with, speak the languages of the families,3757 they're working with our part of the community. Um, then we need to, you know, have an exam that measures that, um, in the current exam does not measure that.
So we think, you know, we've taken a thoughtful approach, We've modeled it on other states. I think one thing that hasn't come up is, you know, we would not be the first state to do this Minnesota and the liberal bastion of texas have alternative path to licensure for these very reasons. Um, so, you know, for us at least, you know, we don't view it as lowering the standards, we really genuinely view it as improving the standards to be providing a more accurate measure. Um I've often given the example that I think I could pass that exam with a little bit of time because I'm a pretty good test taker um but it wouldn't be a very good social worker, so let's make sure we're actually measuring um quality social work. Um not just measuring who um can take the test.
[MCGRATH:]Um Yeah, so this is this is Cahill again, can I just share my experience how the number of times that attempt I would say like eight times I attempts. So I mean I have my master degree, I graduate, I get it, I'm a social worker, I learned everything that I need to know in the school field, so with the job that I do and what, what the test is asking is not related at all. Like I said, I mean I studied, I avoid the whole family dynamic3839 and keep studying and studying. So I thought assuming to pass when I went there a couple of times and I didn't to the point where I stopped studying because they keep saying do don't don't answer what you would do or something opposite. So more so I kind of learned that the way of how the testing works. So instead of um using my knowledge, my scale where I learned from social work, I stopped using that. So what I did, I stop doing what I did is try to understand that the test dynamic. So that test has nothing to do what we do. So that's the hard part is like we have the experience, we do what we do but the test just don't justify that. Okay. And I do and I can share that I do because being bilingual I did got um um the to our extended um for that because of the second languages. And still that doesn't didn't help at all. SHOW NON-ESSENTIAL DIALOGUE
Okay.
Uh Thank you Kayla and I do carol. I did I'm sorry3901 rep Doherty. I did see that your hands up. I'm going to let brian I think he's going to try to provide an additional answer to that question and then I'll get back to go ahead brian
commuted.
[CASETELLANOS:] Got it. Thank you so much. So for me I'm also an emergency response workers. So I have a lot of clinical experience. So I think that the issue is to it's the time frame and the pressure of losing your job. It's a direct hit on protections for folks. You know you've got3934 young talented folks coming in and you're on your already on on the clock. So that's I think that was one of my concerns and I was coming from I had years of service already. So the risk was so high and it was very difficult what you get into the work. We have such strong, strong support um around professional development where we're learning this job very, you know clinically and it's something for me that I always, you know, tapped into3964 early on um the exam, you know, it's not, I'm coming in with a master's degree, I'm an elected official. We just had a primary yesterday where I top three this talent and I'm the second latino to be ever elected to office, where I come from at large. Like I had a tremendous experience um where I worked my way through up the chain as an ongoing worker, an adolescent worker.
Now I'm in a northern regional missing or absent specialists. Um and I work on the hotline. So these are all um just a calculated that I achieved um thankfully by the grace of God and me, I got to pass that exam, but the department would have lost me. I and I love, this is my dream. I love my job. I love to serve the mission to protect Children and families from neglect interviews is something that's embedded in my heart and soul. That is something that is common among a lot of the workers4030 who are losing their jobs, who really want the people who take that exam multiple times. We need to start to measure, we need to start to track, Like I think early on who is failing 1.2 who's on the cuff. You can't just let go, those, those workers will keep trying at it, um, in nine months and then all of a sudden, now we're playing the, we're going to recycle and retrain new staff. The retention is ridiculous right now. It's really a struggle.
Um, so it's really important to recognize those deeper challenges in our workforce that we're seeing with license shit like uh, already mentioned, it's similar to when we have staff in our school district who are very well qualified divers. They have all the areas of competences to be some of the greatest educators, but they4081 get stuck in certain grey areas with their m tells. Um, we have to have that support. We have to make sure that we're eliminating those barriers to achieve those goals because ultimately, for the commonwealth sake, we're wasting a lot of money on just getting new hires and it's damaging the quality of4100 delivery of services. Again, I really do appreciate that question. Um, and I do I I hold myself at the highest standard. I just want that's just something that um, do thank you everybody for your time.
SHOW NON-ESSENTIAL DIALOGUE
Thank you. All right. Uh rep Doherty, I did see your hand up, but now it's down. Yes. Now down. Thank you. Just the same, I pass. Okay, excellent. Um Okay, so I don't I don't see any other hand.
[FINN:] So at this, I guess I would make one, you know, one comment, one of the things that I've heard and I guess this is just me verbalizing some of the things that I've learned over time here is the new chair of this committee book. I really like when I was listening to a lot of the answers to some of the questions that have been asked. I think one of the things that's starting to come to light is you know like there is a lack of statewide standards when it comes to application within DCF right? So we've learned that many different area offices all do things the way they, the way they think that they work best in those areas and you know, I almost feel like I'm hearing an argument for you know an increase in state standards and I know that there's nothing before us today, but you know it does it does kind of pop up as something that might help in a lot of the test taking, if there they're requiring one standard for this state test, it would be beneficial if they were implement those state standards across all district offices so that everybody was operating on the4192 same page and that like be beneficial, but that's just me rambling I guess.
SHOW NON-ESSENTIAL DIALOGUE
Um So anyway, thank you all for the testimony on4201 that bill. Thanks rep O'Day for coming in and testifying, I know how passionate you are about all these issues and at this time on the close the public hearing on H 259 unless I see any other hands, I do see a hand rep Gobi a
[GOUVEIA:] great thank you so much mr Chairman, thank you for this bill and to those who provided their own experiences in testimony. What I'm also hearing is that we have highly educated um folks we know that we want um folks in DCF who do have advanced degrees and if we have barriers that are making it really challenging for them to continue to provide high level services because of a test and I think we ought to take a really serious look at that because I think there is a need to have um folks, our social workers and workers um working on behalf of protecting Children um to make sure that they have the highest qualification. So I just appreciate the testimony here appreciate this bill being brought forth again. I remember being compelled by um last session and still continue to feel really compelled to for us to take4268 a close look at this. So thank you to both chairs appreciate the opportunity,
SHOW NON-ESSENTIAL DIALOGUE
thank you rep Um and I hate to be brief right now but I do know that so I'm going to close the testimony on H259
and then what I'd like to do at this time and I know that time is tight, I'm going to call Out of order bill SHOW NON-ESSENTIAL DIALOGUE
H4068 an act relative to educational support for Children and foster care sponsored by Rep leboeuf and I apologize for running up to that hard deadline that you told me at 11:15. That last bill went a little bit beyond so floor is yours.
[REP LABOEUF:] [HB4068] Uh thank you chair and I appreciate you taking his turn. I'm gonna refrain from my comments so I can get the members of the panel um to be able to testify that will be able to really, you know, hearing their stories is the reason why I filed this bill. And a lot of the work that I've done, particularly around education equity for Children in foster care is inspired by on these stories in the work of these individuals. Um so I believe, I believe dr jennifer Carey had to leave but and she'll be submitting written testimony. She's the executive director of the Worcester education collaborative. But I also have a doctor Heather heather 40 who is a physician at the Faces Clinic and then Suzanne Remington who is a cost of volunteering and education attorney. And so I'd like to just turn the floor over to them.
SHOW NON-ESSENTIAL DIALOGUE
Excellent. Thank you Doctor for key.
[DR HEATHER FORKEY (UMASS):] Hi, thank you so much. I'm the division director and the doc who runs the foster Children evaluation service here at U mass where we do medical evaluations for kids as they enter foster care and as a part of those evaluations we also look at what's going on educational for kids since that's the best measure of how well they're doing with their health and well being. And many times I hear stories like I heard this week from a young man4382 named Michael who came in with his foster parents Although school has started4386 and he was 17 years old, he should be in the 9th grade Because he, like many kids in foster care have had a lot of grade retention. Kids in the Commonwealth are 10 times more likely to have grade retention if they're4400 in foster care compared to Children not in foster care. They are also much less likely to graduate from high school. Only 55% of kids in foster care will graduate within four years compared to 88% of kids not in foster care. And the reasons for this have a lot to do with systemic barriers which are really preventing well meaning4418 workers like4419 BRyan and Kayla from getting our kids what they need.
That foster parents also don't know and can't get what they need. This process starts with a B. I. D. Or best determined interest determination where it's determined what school a child should go to. Michael. Like many kids is placed well outside of where the catchment area for the school he used to attend. So there should be a hearing to determine, should he stay in his own school. We know when kids move schools, they lose up to six months of learning right. Having those best interest determination hearings has been slowed. The people at those hearings don't actually really know many times what is in the best interests of this particular child. Once it is determined where the child will even go to school which as in for Michael has been significantly delayed. The rest of the education decisions also fall into a no man's zone.4471 It turns out that foster parents are actually the educational surrogates for kids in foster care yet that is not a part of any of the training for foster parents.
So they don't know that that's their role just like Michael's foster parent had no idea it was her job to make sure he got enrolled, make sure she knew what his E. P. Said make sure that he was getting the supports that he needed. And so then you would say well maybe it falls to the DCF worker but although well meaning like brian and Kayla but the DCF workers have a million other commitments. They also don't have training and they don't have that support. There are actually education coordinators in each area office but they're hired not by DCF but by outside agencies. They have no common job and they're they're actually not to support foster parents but to guide support only kids in residential placement. So finally it comes down to the kids who like Michael are not getting what they need and the people who should be helping them, the adults really are not getting the information they need to be able to do their job. So this bill begins to break down those barriers, see if we can put what is already legislated into practice.
Thank you doctor. Um and then I think that the rep had mentioned that there was somebody else that was going to testify. Um mhm I think it was Suzanne Ramos Suzanne Remington. Suzanne, are you4566 there? I am. And I can hear my my camera and my microphones say that they're4572 on. So can you hear me? Yes, we can. Okay, can you see me or doesn't go? Okay.
[SUZANNE REMINGTON (GUEST):] Okay, good morning. My name is Susanne Remington and I have the privilege of working on the ground floor in the trenches directly with Children who are in DCF custody and placed in foster homes or congregate care settings. And I always put that in there because when we talk about kids who are in DCF custody, we all, we often call them foster Children where there's a whole Cashman of kids who are not in foster homes there in residential placements, psychiatric hospitals, intensive foster care homes. So I just wanted to kind of put that out there. I speak. I work with all of those, those kids for six years. I've served as a volunteer court appointed special advocate through the Cassidy project in worcester County, I visit the Children regularly communicate with4626 their caregivers social workers and other collaterals. I submit reports to the judges and speak on behalf of the Children's best interests during court hearings for three years. I've worked professionally as a guardian ad litem education surrogate.
Also appointed by the juvenile court. I'm granted with legal education decision making rights for the Children on my case is I ensure that federal and state special education laws are being followed as they overlap with DCF education policy, which can we get really kind of crazy sometimes. So I support an act relative to educational support for Children in foster care because it holds DCF accountable for the education of all Children who are in their custody and let me share a few examples from one of my jail. Education surrogate cases which illustrates why this bill is needed and it touches on a few things that dr for key talked about as well. This child was on an individualized education plan or otherwise called an I. E. P. Upon being placed in DCF custody and she moved through several foster homes, which is not uncommon when it was time for the school to reevaluate the child and update her IP, none of the foster parents signed the consent4697 forms even though they were her legal education decision makers while she was living in their home.
But how would they have known when foster parents are provided with no training about their responsibilities relative to the Children's education. The child was moved to yet another foster home in a different school district. These were new foster parents and the social worker was new to DCF. The foster parents didn't register her with school district as they assumed that the social worker would take care of it when the van didn't show up on her first day of school, the foster parents were shocked to learn that she wasn't even registered for school. DCF policy stipulates that foster parents are responsible for school registration. How would the new social worker have known to inform them of those responsibilities when there was no procedure in place for DCF to do so and he received no training about his own responsibilities relative to the child's education.
The foster parents registered this child the following day with actually with my help because the I had gotten appointed by this time and it was kind of a mess, but we got it done and but they were informed that it would take the district some time to set up her curb to curb special education. Transportation was just part of her I. E. P. As a result, she missed the first five days of 5th4791 grade in a brand new school DCF policy stipulates that social workers must provide Children with transportation during such periods of time. Yet this social worker did not make arrangements to do so again, how with the social worker have known when there is no streamlined guidance for all DCF area offices about his own responsibilities relative to the child's education.
The passage of this bill would clarify the responsibilities of DCF social workers and the DCF, the entire department really and foster parents in order to close some of the gaps that allow the4832 education of Children in DCF custody to fall through the cracks. These proposed changes will undoubtedly lead to more positive school experiences for these Children and increase their likelihood of graduating from high school. And I just want to say that will have the education of foster kids covered when I don't have a job anymore. So the day that I don't have a job actually would be a good one because that would mean that all this is getting taken care of. Um so many thanks to the committee and especially to representative LeBoeuf for your attention and commitment to the education of Children in DCF custody? He's been working with a bunch of us for a couple of years and is very um committed to this. So thank you. SHOW NON-ESSENTIAL DIALOGUE
Sorry, thank you Suzanne. I also see on this panel there are there are a couple other people scheduled to testify is linn Toscani on the call. Peter Mets um are they on the call? SHOW NON-ESSENTIAL DIALOGUE
I don't see them. I don't know if rep LeBoeuf did you do you see them. Do you know if there happened to be on this call at this time. Uh No, I don't see participant list so they may not, I know that both of them, like some of the other people that were here for different bills had commitments kind of in the middle of the hearing. So I'm assuming that that's what is happening. Ok. And OK, thank you. So at this time I don't know are there any questions for rep for the rapper? For the panelists who have testified from any committee members rep4926 Doherty,
you're a mute carol. Sorry, Representative
Yeah, you have said when you first met me Cherif in that I ask a lot of questions when I please4943 limit my questioning. I'm going to do my best to do that.
[DOHERTY:] But this is a it just seems to me that this confusion came up in the David Almond case where the school district wasn't communicating with DCF wasn't there was just no communication. And so to me um it it's not rocket science to say that we need to have better collaboration between DCF, the school district, the foster families. So the training of foster families generally about what their duties and responsibilities are is really critical whether there are Children moving back and forth in that family or not. That information, I'm imagining foster families get training. Uh no training. Oh, that's another issue. Okay, so we won't, we won't go there, but someone mentioned at the beginning of the testimony about best interest determination hearing, I think maybe ripple book, you might have been the person. So I'm just curious about would be participating in this best interest determination hearing if5006 I was hearing correctly.
Um because that may be the point of collaboration between the DCF, the social worker or the department of part of the school district who is receiving the child. And institutionally there's a cumulative folder that follows the child from school to school. So we wonder, I'm wondering where in this conversation that data since um because if the school is receiving the cumulative folder from the previous school which they should be receiving, then there's a lot of pitfalls and gaps. So very complicated as I understand. So if you can answer that question about the best interest determination hearing and then the what collaboration exists between and among the various agencies and individuals. And finally it's a it's a puzzle me why social workers are not trained someone. I think it was you Suzanne, you mentioned the social worker may not be aware of what their responsibility is in terms of that communication. That's that's a puzzle to me as well. So thank thank you chief and I'll stop right there.
SHOW NON-ESSENTIAL DIALOGUE
Welcome Representative rep LeBoeuf or one of the panelists.
[REP LEBOEUF:] Sure. I guess um rep Doherty I'll answer the second, the second part of questions first and then I'll refer it over to Suzanne and dr for g about the first section about the best interest determination hearing. Um One of the things that we found um when talking with foster families and schools and social workers is the fact that those records don't always get transferred. And that is really5102 the impetus for another bill that's not being discussed today, that's the electronic backpack. That's been discussed. However, though a system like5109 that without the accountability mechanism um makes the tool essentially futile. And so this is is equally as important as coming up with the proper tracking system is making sure that the rules are clarified and streamlined so that everyone's on the same page.
I mean one of the things that um you know, I had a meeting with DR for Keefe and her staff and they ended up having to develop a flow chart by their own. These are medical professionals, physicians that are developing a flow chart on how to understand what who has education authority because it wasn't clear in this flow chart is two pages legal size paper. Um it is one of the most outrageous things to understand. How could anyone try to5147 navigate um something like that. And so this is really bringing all the stakeholders that are relevant, both community based that are in the court system. The social workers, the school department and DCF to really come up with some consistent policies to just make sure that everyone is on the same page. So, and I'll turn it back to the two panelists.
Thank you Suzanne or the doctor for Keefe I don't know DR ford.
[REMINGTON:] Did you want me to talk about the best interest determination meetings. Okay, so when a child gets placed in DCF custody and they go to a foster home or congregate care5181 facility in a different school district. Right. So they moved to another town outside of their their initial school district where they were with their biological family. There is what is to be what's called the best interest determination is supposed to take place within five days of the child's placement in this new school district. It is supposed to include a point of contact from the DCF area offices, which is usually an area program manager, a foster care point of contact from the old district and the new district. Foster parents are supposed to be there. Um And the social worker and there's somebody called an education coordinator who doctor for key talked about who doesn't work for DCF. They're contracted out by DCF but they decide if it's in the child's best interest to be moved to the new school. So the law federal sa law prioritizes educational stability and keeping kids in the same school district, but sometimes it's not in their best interest to do that.
So that's what that meeting is all about. And I'm just going to kind of dovetail this with this little girl that I was talking about when I got appointed, It had been four months since she was placed in a new school district and no best interest determination had been taken place four months. So um it took me getting appointed to realize this and ask for one and I if that answered your question go ahead heather
[FORKEY:] I just want to add one point that at that point that the B. I. D. Hearing is completed we only know what school the child will go to. Nothing else has been decided about whether that child's I. E. P. Is in place or what their education challenges are or who and how those are going to be solved. And so while I appreciate representative authority that you're saying this is where it should be decided. That's actually only to determine where the school is and so much more has to happen that that is also not being followed through on
chair Finn You're5322 muted. SHOW NON-ESSENTIAL DIALOGUE
Thank you thank you what I was saying was thank you to5330 dr for key and also thank you to Suzanne uh rep Doherty Do you have any other questions or is that a good enough answer your good I see you're shaking or had any other questions for these panelists at this time
and seeing none. Um you know I look forward to talking about this bill a bit further and I know rep LeBoeuf and I have a meeting on monday at least I believe it's on monday. So we should be able to get out some of those some of these issues then. So uh let the conversation continue I guess as it works. So. All right thank you everyone. Um for that testimony and I'll close the public hearing on h.
and we're going to move on. I have one more accommodation that we need to make5376 and that is for rep Livingstone On Bill H245, which is an act to provide relief for the cost of childcare rep Livingstone Are you on the call still
looking for the jeopardy theme song? Right now?
I'll get back to J. Okay, so now I'm going to go back if I'm sure he'll contact me or if he comes on that will be fine. All right. So where was so at this time just to finish off that bill from earlier. Uh Jetta Bernier was here to testify
I believe about each uh to h220 I thought the Garballey build or which bill wasn't Jetta chairman? It was H 2 41 representative john lawns bill.
[BERNIER:] [HB241] [SB123] And in my three minute testimony, I've also included comments about our support for Sen. Lovely is Bill S132. Although I think you haven't taken that up yet. But could I provide the testimony To be efficient in one two bills with one stone. Go for it. All right, well, thanks so much Chairman again. My name is Jetta Bernier, executive director for massachusetts Citizens for Children otherwise known as mass. Kids were a 60 year old state based child advocacy organization and where the sight of the enough abuse campaign on child sexual5474 abuse prevention. This is an initiative that was started over a decade ago under a five year grant from the Centers for Disease Control and Prevention. I'm testifying in support of H241 which would mandate child sexual abuse prevention, education for employees of5492 public and private schools, youth organizations and also for the Children that they serve.
Importantly, it would also require these organizations to adopt a prevention policy or what we refer to as a code of conduct that would need to detail boundary violating behaviors that should be prohibited in these institutions. This is critical because according to the U. S. Department of Education, 4.5 million students or one in 10 report some kind of inappropriate sexual contact or misconduct by an adult in their school Sometime between Kindergarten and Grade 12. What this means for Massachusetts is that there are an estimated 100,000 Massachusetts. Students who are at risk of direct5541 or indirect sexual misconduct or abused by an adult in their school. And despite these startling data, 2/3 of teachers don't receive training about child sexual abuse specifically, either in their college coursework or as part of their professional development. And a study indicated that only 13% of teachers said they would report sexual abuse even if a child disclosed to them. The most common reason, they say they lack confidence in their ability to identify sexual abuse and to respond appropriately.
So representative lawns bill 241 and also senator lovely is build Senate 369 which was previously heard in the Joint Committee on Education would dramatically change that. And so we support these bills wholeheartedly. I also want to5589 support Senator Lovely Senate 132 that closes the age of consent loophole. Though not intended. Age of consent laws have shielded some individuals from civil actions and criminal prosecution For sexual assault or rape of a child over the age of consent, which as you know in Massachusetts is age 16. It is the strategy of some abusers to engage in non sexual grooming behaviors until their targeted youth reaches age 16 when sexual contact is then initiated. Often these youth are manipulated by the abusers to believe that they are in a special loving relationship. The sexual contact is consensual and sometimes even the adult claims that they will leave their spouse or partner for these Children once they graduate. So when such cases are discovered, the youth often refuses to press charges believing that this was a consensual relationship.
This leaves police district attorneys and parents with little recourse other than to pressure for the resignation of that person from their school position because of this loophole. These individuals are not held accountable and they can move on to positions in other schools or youth organizations, leaving more Children5665 vulnerable. This clearly has to stop importantly, Senate 1 32 Would make clear that young adults with special needs under the age of 22 And other Children over 16 would be deemed legally incapable of consent to sexual relations with an adult in a position of authority in a school, a youth organization or a state department serving Children. Now these bills both of these are critical and they are part of a package of prevention bills that have been, that are being reviewed by the joint committees on education and the judiciary and they compromise together. The most comprehensive set of child sexual abuse prevention bills introduced or enacted in any state policymakers in those states have actually used are bills are legislation as a model and several states have actually passed these bills unanimously. This must be the year that we passed the prevention package. We've got the knowledge, we have the tools and now we need your support in this committee to bring these bills out of the committee favorably and on to the house and Senate floors where we know that there is overwhelming support for passage. Thank you very much. SHOW NON-ESSENTIAL DIALOGUE
Thank you Jenna, thank you for for the testimony on that bill. And so we'll at this time if it's, I don't hear any objections, I'm going to close the public hearing on H241. We haven't gotten to the Senate bill yet. So we'll hear more testimony on that because there's a piano and I just want to acknowledge Senator Gomez, my co chair Senator. Your hands up.
[SEN GOMEZ:] Thank you sir. Thank you so much. Just a quick brief question. Thank you jennifer for being so patient with us and uh, thank you for staying with us. I know5774 you had some technical difficulties earlier. So, um, so recently I had a meeting with uh, some advocates and we discussed how um there should be education for teachers5784 on how5785 to identify grooming behavior um in their co workers. Would this bill and code of conduct touch on that at all?
[BERNIER:] Yes, actually, uh,5796 that's probably a key part of the, of this, this legislation that the Department of Children and Families and the Department of early in secondary education, elementary and secondary education would be required to adopt a, what is called a prevention policy. We call it a code of conduct that would have to be adopted by schools and youth organisations. Now, we as an organization, nonprofit have been working for the past year on developing a very comprehensive code of conduct that would include all the various prohibited behaviors that schools and youth organisations should avoid. There's something in there about how to deal with electronic communications, how to deal with outings away from those facilities, how to deal with uh gym classes and dressing rooms and and all of that. I mean, it's a very, very comprehensive uh type5852 of policy. We are hopeful that when these, this bill passes that DCF5858 and DESE will review and consider this code uh as they deliberate about what should be offered to the schools and youth organizations of massachusetts, but this is really critical because many schools have codes of conduct. But they don't often detail what are the appropriate behaviors that should be supported and what are the prohibited behaviors that should be discouraged or even prohibited. So this is a major step forward in our legislation. Our bill here is the only legislation in the country that's been introduced that includes that critical code of conduct peace. So we hope that this will pass.
Thank you. Thank you. Chairman. Welcome senator. Okay.
And we'll unless I see any other hands up, I don't see any other hands up in the chat or the participant list. Whatever I'm looking5911 at anyway. Okay. Uh, thank you very much for your testimony today. We really do appreciate and spend very helpful for us to get a better understanding the bill and all the things that it seeks to do. Um, so, and now I am going to go back to the list and we have one more accommodation from a colleague Representative Livingston an act, he's going to testify on his bill H 2 45. An act to provide relief for the cost of childcare Representative Livingston,
[REP LIVINGSTONE:] [HB245]5941 thank you Chair pen and sorry for the technical issues I was having expressed as you called me a few minutes ago. Um, Yeah. Right. House Bill 2 45. And what this does is currently in massachusetts law. There's a tax break that People receive four childcare for The care of Children up to age 12. And this would just increase the amount of benefit that those people would receive by doubling the deductions. And I asked the Department of revenue to share what this would actually cost and on an annual5982 basis is to cost about $78 million dollars per fiscal year over the next mhm. Four years. And that that estimate is actually high because it assumes that everyone that max is out today would max5996 out under the new, higher amounts. So the cost of the state should be actually less than that. And I think it's important to have um the second legislation right now last year with the pandemic6009 and we're still experiencing um really upended the child care system from, you know, the earliest education through much older Children and parents have greatly struggled.
Often, parents were paying money for services they weren't even receiving and this would just acknowledge the situation that the parents faced by giving them a small deduction. Um the total credit on6040 their taxes will be a few $100 at most and and provide that relief that families need, especially during this time period. And the, as I said, the fiscal impact is not significant. But I think the policy statement we can make is It will also help the child care industry, which6059 has struggled over the last 18 months. Many facilities have closed across the state and many are still not a full enrollment by encouraging people to return with their Children to that system. And in the state will greatly benefit the education a child receives at the end of their life greatly impacts them more so than any other education they receive later in ways that surprised me. And so I ask that you uh the committee favorably report on this bill and I'm happy to work with you. If you have any questions or concerns about the bill,
SHOW NON-ESSENTIAL DIALOGUE
thank you Representative. Um So I6101 guess I'll open up the florida questions. I don't know if anybody has any questions for our colleague.
I'm just looking around rep Livingstone and I don't I don't see anyone with any questions and actually I had about two or three questions and you actually answered all of them with your testament. Just a just a bunch of time. So I want to just say thank you for that. And if if there is nobody else no other questions, I'll just do one quick glance around um the room there and I don't see any. So I'll just say thank you for your testimony and we'll be in touch. Ok, thank you. Mr Chairman. Thanks Representative. All right. So now I'm going back to the originally scheduled list if I can keep track of it because I've been writing notes6146 all over my my forms. So I think I left off the list On Bill H244
an act relative to family childcare disclosures by Representative. Kay Garabedian and I don't6161 know if she's here to testify. I don't believe that anybody signed up to testify.
So seeing none will close the public hearing on H- 244. We'll move down the list to age to 51 an act to allow freedom and counselling as redrafted. It's a rep McKenna bill and we have a series of panelists, Kathleen6187 lynch and Bill gill mr Kathleen or Bill. Are you on the call? Yes.6194
Yeah. Kathleen Kathleen. The floors here is uh great.
[KATHLEEN LYNCH (NEW MASS COALITION):] [HB251] Just wanted to let you know, Bill Gill meister is not able to do it because of a conflict, but I can. Okay, great. So on behalf of her new massachusetts coalition, I6211 am here to support HB 251 and act to allow freedom and counseling. It's filed by state Representative joseph McKenna of Webster. HB6221 2 51 allows a counselor to discuss sexual orientation, gender identity and gender expression in an appropriate way for the child client. As the law stands. Now, councillors are restricted in their speech and subject to professional license suspension or revocation if they say anything in a counseling session that could be construed as non affirming there are negative consequences of altering one's sexual orientation, gender identity or gender expression opposite to that which6255 the child is born as a parent. I have seen unmistakable suffering that Children go through because of confusing school curriculum that guides and encourages them to be promiscuous and to choose their sexual behavior and gender identity from a large pool of contrived choices.
The current law would prohibit a counselor to speak truthfully yet caring Lee about the pros and cons of their child clients decisions. The current law prohibits a counselor to take into consideration the religious and moral convictions of6292 the child's family and the current law takes away the rights of parents to receive the best counseling for the Children that is consistent with their values. Affirming counseling may place Children on a path to hormone treatments and gender reassignment surgery. Girls as young as 13 have undergone double mastectomies in their attempt to appear male and boys have gone through full genital surgeries in their attempt to look female because the gender affirmative model of medical treatment prevents the natural sexual maturation of a child's reproductive organs. It often results in permanent sterility in the child's future.
No child should be making serious adult decisions with long term negative effects like this. Parents should be able to employ a counselor who can speak freely about all angles and options on important life topic. A caring parent. Their sound minded attempt to find a counselor to help their child feel secure in the body in which they were born is their parental rights. It is also a parent's right to find a counselor that aligns with the religious and moral convictions of their family. HB 2 51 would allow parents. Counsellors and Children the freedom to talk about difficult and sensitive topics without First Amendment restrictions that would benefit6381 the child and family. Please vote in favour of bill HB 2 51 and act to allow freedom and counseling. SHOW NON-ESSENTIAL DIALOGUE
[FINN:] Thank you Miss Lynch, thank you for that testimony. I just wanted you know to be fair. So uh Kathleen is testified and supported the bill. We do have6401 some folks that are going to testify that opposed the bill. So I just want to give all the committee members an opportunity to ask any questions they may have of Kathleen Lynch. Well she's who actually speaking. I don't I don't see any hands at this time so Kathleen, you can stay on well and then uh there's some more testimony that we're going to6424 hear right now. Um so patients closure, patients are you on the are you on the line? I am thank you so much. How are you? Good, how are you? Excellent, thank you florida. Here's please please go ahead.6439
[PATIENCE CROZIER (GLBTQ LEGAL ADOVACATES):] [HB251]Excellent. Thank you so much. Um Chair Finn chair, Gomez and members of the committee, thank you so much6446 for the opportunity to testify in opposition to H 2 51. My name is patients closure and I'm an attorney at glbt. Q legal advocates and defenders. Um as you know, defenders. Um as you know, glbt key legal advocates and defenders works to promote justice on the basis of sexual orientation, gender identity and expression and HIV status throughout New England and I do a considerable amount of work on youth and family issues at Glad. Um I think to me it's clear that H 2 51 shouldn't move forward. It's a blatant attempt to undermine the conversion therapy ban of 2019. That's really a critical protection for LGBTQ youth in the commonwealth conversion therapies of6485 harmful practice that's been discredited by every major medical and psychological association, from the American Psychological Association to the American Academy of Pediatrics, the American Medical Association.
It's really there's broad consensus that this type, these practices harm youth and the commonwealth fulfilled its duty in 2019 to protect you from this clear harm. And this bill would undercut um that6510 that bill um, massachusetts the 16th state to protect you from these really tremendous harms. Um, and now 20 states, just two years later, not to mention numerous cities and municipalities ban this harmful practice. So I would just encourage Massachusetts obviously not to step back on its obligation to protect youth and their families. Um, I'll be brief. I've submitted written testimony as well, happy to answer any questions the6536 committee might have. Thank you so much.
SHOW NON-ESSENTIAL DIALOGUE
Thank you very much. I do see rep6541 Higgins rep Higgins you have your hand up.
[REP HIGGINS:] Sorry, I'm trying to figure out how to meet my that's okay you mr chairman, I just um honestly cannot be quiet in this public forum. Um given I'm a member of the LGBT Caucus and I want to thank poly closure for speaking up? Um and I'm disheartened that this legislation would be filed and that we would continue to have this debate over whether or not this is an appropriate mental health care practice as the niece of a psychiatrist. I we took what I was really proud of of a vote making sure that these harmful practice, this aren't uh Condoned by massachusetts state law and in in our health care. Uh, so, so I understand um, that folks feel very passionately about this, but there's no appropriate way that our state should be condoning this kind of harmful child abuse. Yeah. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Rep Higgins Um any other questions for polly
seeing none. I'm just gonna move. There's another Elizabeth O neill um Tony O neill are you on the call as well?
Oh I heard a voice but I don't see I'm on the call. Thank you. But I was prepared to6626 speak on s. Oh okay, I'm sorry about6631 that confusion. That's okay, so you don't want to testify in this bill? Okay. Enough. Sorry. Okay. No, no worries. I was I was joking a little bit. Okay, so um that's my so you said you're going to testify on s. Thank you. Okay, I just made a note so I remember to call you then. Okay, So there's nobody else that's scheduled to testify on h.
So I guess I'll just open up. Does anybody have, does anyone have any, any committee members have any questions or is there anybody that's tuned in right now that we would like to comment further on this particular bill And I see rep Lewis
um, you do Jack, I'm sorry representative, you're muted.
[REP LEWIS:] I'll learn it eventually. I just wanted to echo representative Higgins comments as well as someone who worked closely with and helped start a non profit that served hundreds of metro west L G B T Q youth. Um uh that was the proudest vote I ever took when we passed the ban on conversion therapy. Uh and to any you, if you may be listening, just know that the vast, vast majority of our colleagues support you, we love you and we want to make sure you have the support that you deserve in your life. Uh and we will do everything in our power to make sure that you continue to have that support. But thank you Polly and to everyone who is making sure we hold the line when it comes to protecting our kids.
SHOW NON-ESSENTIAL DIALOGUE
Thank you, rep Lewis rep Gouveia
[GOUVEIA:] I'd also like to echo what my colleagues and patients um just stated I am the parent of a transgender child. I know I have been on this journey, I know exactly what this journey feels like from a parent's perspective. I don't know6740 what it's like from my child's perspective, but just having had the conversations that I've had with my child, I know6746 how devastating and difficult it has been for them to navigate6750 societal perceptions of who they are as a person and what they're worth is. And so this bill, we cannot continue to have these kinds of conversations, why I was so proud to take the vote6761 on banning conversion therapy. Last session. That's why6764 I spoke on the house floor is my inaugural speech because it means that much6768 to me and to my family and I know how much it means to the transgender community6772 in our state, um where people are so ostracized and left out of basic societal standards of care, including in health care, mental health care, housing, jobs, education, the discrimination that our transgender young people and our transgender youth and adults face on a daily basis is really devastating and really truly impacts their mental health. So any move to um allow quote unquote freedom of speech from a6802 therapist or clinician who is trained to uphold ethical standards of care. We cannot we cannot abide by in our state, we cannot put our young people at risk of abuse in this way. So I just needed to share that as, as the6817 parent of a transgender child. And as rep Lewis said, you know, to anybody who's listening who is members of the LGBTQ community, particularly those who are transgender, just know that there are people in the state house who are standing with you and we are standing for against any kind of move to put you in harm's way. So thank you.
SHOW NON-ESSENTIAL DIALOGUE
Thank you rep Gobi and then I do see rep LeBoeuf your hands, your and has raised like uh
[LABOUEF:] thank you mr Finn and you know, as someone who served on the committee last session when there was the marathon um hearings around the conversion therapy been um just want to make it clear that the vast majority, almost I would say 75% of those that testified um against6861 the ban were actually from out of state. Um there was a panel there people were flown in from D. C. From from California. One witness even said, oh I may not be from the state of Maine and didn't even realize what state that individual is from. This is part of this is something that's already been asked and answered. We've you know took a bold step in the commonwealth to guarantee that our young people are protected. Um This is just a completely unnecessary piece of legislation and really just disappointed that this is even coming before our committee again, thank you.
Okay, uh I want to thank all the members who took the time to comment I guess um without without really saying too much about the bill, like we do have a represent representative form of government and this is just a part of the process and everybody has the right to bring forward bills and and those bills have the right to be heard. And so I want to thank everybody for their testimony here today. Whatever side of the argument you fall on. I totally appreciate and understand and uh again just want to say thank you for civilly participating in our legislative process. Thank you.
SHOW NON-ESSENTIAL DIALOGUE
If there is no one else left to testify on this bill for I think and I go to just last place place, what what number was that it was? What was it to? 51? I'm sorry. H. 251. So we're going to move on from age to 51. And the next bill, how close the public hearing on H. 2 51. And I believe that the next bill on our list to be heard Is 877 um an act to improve child safety by rep zeros. Is he here? I don't know if he has um signed up testified And I don't think that he has. So I guess I will close the public hearing at age to 77 And move on to h.
An act relative to basing disposition orders on a child's best interest and6987 that's filed by rep john machine. Um And
mike the cedar from cbc. S counselor. Are you with us? SHOW NON-ESSENTIAL DIALOGUE
He was signed up to testify but I don't see him on the participant list. So we'll just I'm presuming if he wants he'll submit written testimony at a later date.7013 He's fully aware of how this process works. Uh, so moving on, we're gonna move to uh senate 907021 an act protecting youth during custodial interrogation filed by senator Senator Creem And I believe leon smith is scheduled to testify. Leon are you with us? I am good morning. Good morning leon please. The floor is yours sir.
[LEON SMITH (CITIZEN JUVENILE JUSTICE):] [SB90] So Sheriff Gomez Sheriff and members of the joint committee. I'm happy to be with you here this morning to testify in7047 support of Senate 90.7048 I'm the executive Director of Citizens for juvenile justice, the only independent statewide nonprofit organization working exclusively to improve the juvenile justice in other youth serving systems in massachusetts. And I want to start my comments this morning with a quote from the United States Supreme Court Justice Sonia Sotomayor that she made in a seminal case called JDB vs North Carolina in 2011. She said it is beyond dispute that Children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave. This speaks to the heightened disadvantaged young people face when being interrogated by law enforcement and establishes the importance of ensuring that legal counsel was present with them to ensure7094 that they have an understanding of their rights and to prevent the type of false confessions or wrongful convictions that7101 undermine bill for our system of justice and the best interests of young people research firmly establishes the vulnerability of young people during custodial interrogation.
One out of every five young people, Only one out of five young people understand their Miranda rights which includes the right to remain silent, the right to an attorney and the fact that anything they say can be used against them. Two thirds of young people incorrectly believed that they will be penalized for exercising their right to remain silent and young people end up waving their Miranda rights. Nearly 90% of the time there are consequences to this, Adolescents are 2-3 times more likely to falsely confess than adults are. And there are also the harsh consequences of juvenile court involvement, such as detention and incarceration, including the racial equity ramifications here in massachusetts where we have the ninth forest rate of racial disparities and youth incarceration for black youth And we're black youth make up 43% of custodial arrest while constituting only 10% of the youth population. Also factoring in the far reaching consequences of a juvenile court record and the legislature must act with urgency to ensure protections for young people who are being questioned by law enforcement.
This bill does that. It requires videotaping and having an attorney present at the reading of Miranda rights and during police interrogations when a young person has a pending felony or a serious charge. Also important is the provisions of the bill requires that representation is provided by cpcs that will ensure that all young people have equitable access to an attorney during interrogations, including those that are indigent. Currently, young people from economically privileged backgrounds often have private counsel retain before speaking to law enforcement, something that isn't often accessible to young people from indigenous, disadvantaged backgrounds. This bill ensures that a young person's ability to have their rights protected by an attorney isn't at all conditions on the socioeconomic background. And it's for those reasons that I ask7232 that you report Senate 90 out favorably. And I thank you again so much for your time.
[FINN:] Thank thank you Mr smith. Leon. I do have one question. So I think when when we were going through the bill, the bill itself doesn't have a definition of what custodial interrogation is. Do you think that that's something that you know should potentially be added? You know, like I understand all of the things that you want included with it. But you know that that like a strict definition
[SMITH:] I think certainly that would be helpful and the case that I cited earlier, JDB vs north Carolina has really helpful language in that regard because it speaks to when you're considering what is and isn't custodial interrogation, you have to take a job and also mental state into account. So looking at issues around Children um Children in general are particularly Children with disabilities. I think that language is especially valuable in light of what this bill is trying to do. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much and I'll open up the florida questions from any committee members. Are there any questions for mr smith?
I don't see any going up. So it looks like you got off easy today. Yeah. Okay great. Um Lee and I'm sorry thank you Mr smith. Thanks for testifying today on that on that bill. I do appreciate it. And then moving on on our. Oh I see Senator lovely. And senator Lovely was here to testify.
So I guess I'm going to go out of order. So senator I see Senator Lovely and Senator Lovely is here to talk about her own bill one uh Senate 1 32 and potentially maybe the john Lawn bill but we'll let her determine that as she sees fit senator, lovely.
[SEN LOVELY:] [SB132] Thank you. Mr Chairman and members of the committee. I appreciate I've been jumping around in and out of hearings. I appreciate the opportunity to testify on two bills. The Senate Number 130 to enact relative to preventing sexual abuse of Children and youth by adults in positions of authority. Um7359 As the lead sponsor. This is one of my top legislative priorities that the protection of Children and from sexual abuse According to a study conducted by the c. d. c. and prevention. 16% of men and 25% of women when they were Children experienced unwanted sexual contact with an adult or older child. Additional studies show that one in four females. It's 25 and one of six males younger than 18 reported having experienced some form of sexual abuse or exploitation. Those numbers are extraordinary. And I will tell you that most uh, victims or as I refer to as survivors Of sexual abuse do not report having been abused until into their late 40s and early 50s. That's a lifetime that they hold on to that trauma.
So what does this bill do as 132 closes what we believe is an existing loophole that allows. Now, this is in the education system in the high school system, um, allows educators and other youth serving organizations that engage. These are people who engage in sexual relationships with students and young persons. Um, this will close what we believe is an existing loophole while we know that the age of consent in the Commonwealth is 16 years old. In the setting between um an educator or someone employed in a wire. So who is engaging again in sexual contact with students? There is a clear imbalance of power that exists between a student and a teacher or other trusted adult adults who take advantage of that imbalance of power and their position of authority to trust.
SHOW NON-ESSENTIAL DIALOGUE
I Many for two years with 600 bills Jones I've just ask that everybody just checked their computers and please mute themselves as not to interrupt the testimony if you would, thank you. Sorry about the break their senator. Okay, thank you.
Adults who take advantage7483 of that imbalance of power and the position of authority and trust by engaging in a sexual relationship with a minor Or you know, or someone who has attained the age of 16. We7495 believe between 16 and 19 4, a student or this is public or private school Or between 16 and 22 per special education education student, that we believe that they should not be able to use age of consent as a defence because again, of this imbalance of power and authority between a student between 16 and 19 or 16 and 22 for a special ed student. So S132 would create a civil cause of action against adults who engaged in inappropriate sexual relationships.
Again, with a student under the age of 19 Or for special education students under the age of 22 for over whom they have authority. Now we know that this bill um is we believe is would be able to highly protect students because as we know, we know that there are people who are7554 employed in the school system or in a way, a so we're looking to groom students um to enter into the sexual, really inappropriate sexual relationships. So we really do think this will strongly chill that opportunity of people who will try to exploit these students. So this is what the bill7575 does. Um, I will I am happy to answer any questions. Again, it's a uh, the child sexual abuse prevention of Children as a top priority of me of mine and I look forward to hopefully a favorable consideration of this bill from the committee. Thank you.
SHOW NON-ESSENTIAL DIALOGUE
Thank you very much, Senator. Um at this time I open up the florida any questions from any committee members. Does anyone have a question for the senator on this bill?
I don't see any. Um and Senator, I do know that would like the committee staff and when we're going over the bill, we did have a couple of small questions if you don't mind. Well, I'll just reach out to your office and and get an opinion. I don't want to take too much time. I'm starting to get concerned that I might run up against my time limit with L. A. S. So
[LOVELY:] [SB123] uh mr Chairman, I appreciate it. And if I could just strongly offer my Support for Senate 17629 23, an act relative to expanding access to adoption. This would allow adoption between siblings and aunts and uncles, which is currently prohibited by law. We know especially under covid that families have lost parents um and have left Children without parents. Um and this would get an opportunity for older siblings to be able to adopt younger siblings and and and aunts and uncles again, to be able to keep a family together to keep that family dynamic together. And we really do believe that this is also just a timely bill that we should be able to promote kinship placements uh which7672 has been a long priority to commonwealth. Thank you.
SHOW NON-ESSENTIAL DIALOGUE
Thank you very much, Senator. And we did get a lot of positive testimony about that bill as well. So thank you. Thank you for that. Um so I don't see any other questions from any committee members.7686 I do see um, Jeff richards, Jeff. Do you have a comment or testimony on the, on the senator's bill? Which was Senate 1 32? No, I'm sorry. Chairman Finn I was raising my hand because I am was prepared to provide testimony on the preceding previous bill. Uh
That's 90. Yes, sir. Okay, if you7713 give me one minute, I'll get7714 thank you. Sorry about that. No, no worries. And then I also see Elizabeth O'neill. Yes.
To testify about Senate 1:32. Yes, I would like to. Okay. All right,
[ELIZABETH O'NEAL:] [SB132] thank you. Members, young Children, family and persons with disabilities for giving me this opportunity. The offers moral testimony in support of S 132. My name is Elizabeth O neill. I live in Lexington massachusetts. I'm going to provide a first hand account of someone who is a survivor. Yes. When I was 16, I was sexually abused by a respected teacher and coach in my community. No one would have expected that I was a vulnerable prey to this adult honor. Student captain. The basketball team, President of student council in my class. The man who abused me7769 was a respected member of the school teacher coach, married father of three through his connections and job at the school. He knew I came from a dysfunctional alcoholic home groomed me by showing the attention giving me money and gifts and rights to physical therapy appointments7787 before I knew it I was. And uh blowjobs and laying down the back seat sex with me. And that's how I lost my beginning at the time.
I did not understand it. I thought he loved me further, I thought I was responsible for his sexual attraction to me. He couldn't help himself. He was in a position of power and this power dynamic. Me a high school student, I am a teacher coach, 47 year old father of three. There was no capacity for me to consent to these actions to his act. This abuse continued for three7826 years until I was 19 I read for college. A 16 year old with their own fledgling sexuality is overmatched by a person decades older, Especially one that is in a position of power teacher. There is no capacity right? He took advantage of his position when he abused me. His reputation in the school community insulated him. No one would have thought that full of such a thing these predators hide in plain sight.
This is happening today in our schools. Teachers and coaches that rise above suspicion, educators, school administrators, parents need to be equipped with the tools, identify abuse and schoolchildren, especially in high school need to understand that it's not ok for a teacher to break that trust, break their trust, advantage of the innocence of this. No, or a 17 year old or an 18 year old Orrall 19 It's time to enhance prevention efforts in our communities and schools in the commonwealth and it's time to close the consent loophole respectfully asked committee members to support this. That's 1:32 and I thank you again for this opportunity, offer my festive protocol. Uh
[FINN:] I just want to thank you for sharing your personal story and I know that doing so publicly, can't I7911 want to commend you on your courage and coming forward. Thank you for that.
SHOW NON-ESSENTIAL DIALOGUE
Um I also at this time I do see that, believe it's a turn your head
but you're frozen. Puppolo
this
an audio on, I apologize everybody my computer meeting, I just got kicked out of our, I apologize for that. I believe Elizabeth had just finished testifying on that and I think I was calling on Tanya Tanya, do you7979 have you have your hand up, are you looking to tell this bill as well? Yes, I sure am Chairman. Finn thanks so much for7985 having me, let me know if I may begin. Um the floor is yours. I apologize again, I don't know what happened, I just got dropped on the call. So7993 I apologize
[TANIA HAIGH (PARENTS AGAINST7995 CHILD SEXUAL ABUSE):] [SB132] Oh no, thank you so much for this opportunity. Um and I also thank senator. um senator lovely for introducing this bill and I recognize that there's also a bundle of bills to really close these gaps on educator abuse until the disease prevention in schools. So I'm just grateful for this opportunity. My name is thomas Hoenig, the president and co founder of a nonprofit called Parents against child sex8021 abuse. We also go by PACSA so I think um just by the name alone, it makes our mission pretty clear. And what we found in our journey8030 is that many professions that are the mandated reporter umbrella, educators, lawmakers, law enforcement, the medical profession had huge leg up understanding the nuances and the complexities of child sexual abuse. But really what's been happening is that parents have been left behind of this conversation and properly protecting our Children8052 as we are the ones that serve that first line of defense for our Children. So our mission is to definitely seek out to empower parents on a range of scenarios um, to protect Children.
So when I speak today we really support all of the great work and all the other before mentioned bills. But for this one in particular, um, it's really um, you know, prohibiting educator misconduct in closing those loopholes is really close to home for our organization. It really starts with the data and this very critical statistic that routes are work and why we are testifying today to support this bill And according to the CDC in over 90% of circumstances the child is being sexually abused by someone they know 90% of circumstances in child sexual abuse. The tactics used by sharpshooters are rooted in this concept of trust. So we got three points. I want to touch on number one predators seek out kids in the realm where they are seen as a trusted figure because it makes them and their grooming tactics more effective. Number two predators positioned themselves to be in positions of trust and respect to fortify their predatory positions that will buffer them. Should there be accusations by a child like the one that was just disclosed, the survivor, that's how they groom an entire community.
So it makes it that much more difficult to be considered an ever thought of as a pedophile or someone quote unquote that could8152 possibly do that. And number three predators seek out environments that give them easy access to Children like cool, it's a no brainer. On average, our kids spend approximately six hours a day, 180 days a year in school and that's according to the National Center for Education Statistics. So before I wrap, I want to just talk to you and connect with you as a parent. I have a nine year old in elementary school and many of you who hold these terrific positions who are on this call this virtual room. So where a lot of different hats, but fundamentally just like we opened this room, we're talking about schools, kids being back to school, we send our kids to school for the joy, the community that they build and for learning. Can you imagine being a parent where your child is being preyed upon by a teacher, whether it's through elementary or high school and it gets even more complicated when our kids get bamboozled that the teachers in love and all these scenarios that have been already discussed.
This is very real. We work alongside survivor advocates all the time. The strategies that are being8220 employed by predators are getting more and more exposed in our position that parents against child sex abuse is that being an educator or in a situation where they have access to Children in the school setting. So they include the staff or volunteer. Those positions should be very highly regarded and highly vetted profession. It's not the catch your profession. You want to be helpful with Children, you want to teach Children. It needs to be profession that has a close eye on those individuals that are interested in being those those settings are on our Children.
And then secondarily when they might be identified that there are predatory behavior is going on in a school setting or sexual abuse, sexual misconduct from an adult to a child.8264 That soon of those attributes are those grooming tactics are identified that the licences removed from the teacher and their swiftly removed from the teaching profession. So I share this8277 with a lot of passionate advocacy on behalf8279 of parents as a tax paying parents and then the interests of keeping our kids safe in school settings and especially if you are all parents you certainly never would imagine that it's your child that's being preyed upon. But believe me it's happening under our noses and it's way more prevalent8295 in common than we would ever want to acknowledge. Thank you for the opportunity at this time.
SHOW NON-ESSENTIAL DIALOGUE
Thank you thank you Tanya. And now I'm just looking at the the list of folks that was scheduled to testify um and Suzanne Messina but I believe she told hello. Yes I yes I did. Thank you. I testified on behalf of representative Lawn bill that was a companion to senator lovely as previous bill but I'd like to testify on this one if I8327 may. Sure. Okay great.
[SUZANNE MESSINA:] [SB132] Ok. For the second round um I think uh the key points by senator lovely the imbalance of power and by Tanya uh as parents we see this this grooming. Um it is so true. This is what we8346 call what's new Lovely terms the imbalance of power and I'd like us8349 to step back for a moment um regarding the age of consent and we need to look at kind of a snapshot of this population, those with special needs and those without so just to take for example Children8362 with down syndrome having worked with them. They are loving as I as a rule, many of them are loving very trusting and can you imagine the devastation to8374 have an employee these upon that because the predators are there this child's life that has been nurtured by his parents sent to a school to address his needs then is groomed and his hurt only to fall deeper into the abyss of abuse.
A second example, those with autism. And this is important because we know the autism spectrum disorders have increased hundreds of percent varying degrees of ability and disability. Again, there is that sense of of trust of their circle of friends and the autism community is very narrow as they have difficulty maintaining friendships and they are very easy prey. And I I speak to you as a parent who has found this to be true in a devastating and horrific way with that8422 child now suffering under a Stockholm syndrome of attachment to the abuser um as a teacher. So let's look at those without special needs as a teacher and I was a teacher for several years, I witnessed firsthand the chances and opportunities for teachers and staff from mild flirtation. But it's not sometimes because sometimes it's blooming and whenever I have a chance to give the evil eye and to step in, you can be sure that I did. But it is there and it is there 30 years ago and it is there today.
So we have to understand then at the age of consent has its stipulations. The age of consent has its stipulations when we deal with those with special needs, they are at risk. But also the age of consent most definitely has stipulations when we deal with the young and the impressionable those who are victims too. As senator Lovely says the imbalance of power. And so we must address those stipulations because in a civilized society they are apparent due to the disability and due to the developing brain and due to the very real possibility and reality of grooming and intimidation by authorities. We must deem this population incapable of consent8503 to sexual relations with those in any position of authority, Those who are 19 and under Without special needs and those 22 and under with because the reality is this they are praying an age of consent. This technical legal age of consent has nothing to do to the vulnerability. Thank you so much. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much. Um any other any other questions or any questions from members of the committee? I don't I don't see any um
I don't see any hands raised which is okay. All right And anyone else to testify on Senate 132.
I don't have any other names on my list but I do see Adrian Simeon but I believe she testified earlier um when she testified on a lands bill and That was Suzanne Meschino so I think that's everybody. And if I don't see any other questions, I'll close the public hearing on S132 and thank senator Lovely for your time and for those who testified, I really do appreciate the additional information and it's very helpful and when we look at these bills so thank you very much.
SHOW NON-ESSENTIAL DIALOGUE
All right, so I got a couple housekeeping things before I get back to the list I believe. Um8592 and where did I just write his name now, Jeff Richards wanted to testify on Senate one. I'm sorry Senate 90 and Act protecting youth during custodial8602 interrogation. Jeff
[JEFF RICHARDS (COMMITTEE FOR PUBLIC COUNSEL SERVICES ):] [SB90] thank you. Chairman Fane. Chairman Gomez Members of the committee. My name is Jeff Richards, I'm8610 an attorney with the youth advocacy division of the Committee for Public Counsel Services. I've been a defense attorney for about 30 years have represented juveniles for about 21 years In 2008 I was co counsel with attorney ed Ryan representing the teenage girl Lanatra who is charged with murdering her one year old infant. This was a case in Worcester now8632 was innocent of the crime. This case was a textbook example of how sophisticated police officers bullied and manipulated a 16 year old into confessing to a crime. She did not commit the day after8645 nuns naz son died unexpectedly, She was arrested and questioned by the Worcester Police, she was 16 years old, she was traumatized, grieving, she was isolated from her mother and faced aggressive, intimidating questioning by the police office without an attorney present.
The officers lied to know about the medical evidence they had8666 and they untruthfully promised the family help if she helped cooperate with them. The judge in this case in suppressing not supposed confession and finding that it was coerced stated she was a frightened, meek, emotionally compromised teenager who never understood the implication of her statements. Police across the commonwealth and the country are trained and used techniques that involved minimum minimization of the seriousness of the situation. Deception is to the strength of the evidence, false authors of leniency, false officers of health. These techniques these approaches are problematic because they often result in involuntary statements and often false confessions. As you probably know, advances in DNA testing over the past 20 years have shown a lot of unlawful convictions and these were often based on false confessions with juveniles. The numbers are even higher cases like Naz demonstrate the compelling need to provide juvenile and additional protections from the criminal investigative process. Young people faced with trained investigators are easily manipulated.
While the type of crime that is being investigated may differ. The one thing that always remains the same is that juvenile's typically don't have the capacity to understand them Randall warnings or to appreciate the seriousness of speaking to the police leon smith, my colleague about some of the research and we can provide more about that. Although Naz's case was particularly egregious. The very real potential of distorting justice exists every time juveniles are questioned by the police, which is why this legislation is important, adolescents are not as good as adults isn't making decisions, especially in high stress situations at that age. Their brains are wired to be impulsive and to prioritize the potential for immediate benefit over future benefit. They are easily8791 persuaded and they often think by telling the police what they want to hear, then they will be able to go away.
And in fact in Oz case after making this confession, she asked if she could then8802 leave juveniles are often as we know, very deferential to authority. They are just beginning to have adult experiences. This is why society places all kinds of limits on what they can and can't do. Additionally, an attorney8819 is necessary because often in practice parents who are there or an interested adult do not provide adequate protection. In my experience appearance8829 are often unable to provide the buffer the knowledge, the ability to assist. Most often when I've had clients make damaging your false statements to the police, they have often been accompanied by a parent or a8843 guardian who is not equipped.
The Miranda rights have no meaning in these applying custodial interrogation. They have no meaning if the Children and the parents don't fully understand or appreciate the consequences of waving them. Taking the time to consult with an attorney makes it far more likely that this happens in a fair way and that the police actually received accurate and useful information. This bill will ensure that kids are treated fairly. We all lose when people feel abused by the court system and we all lose when teen suspects make false statements. We are just panel to pass a bill to protect all young people in the commonwealth ensure that our justice system is just that just we thank the members for the concern for the most vulnerable among us. And thank you for hearing me out of order. SHOW NON-ESSENTIAL DIALOGUE
Thank you counselor. Any questions for Mr Richards anyone
and I don't see any hands going up. Uh so it looks like you're good. Thank you. Thank you very much for your testimony today. SHOW NON-ESSENTIAL DIALOGUE
Okay. Okay thank you. Um So I have to one So that was on I saw I reopened us 90 so that Mr Richards could testify. So I guess I'll re close unless there's any objection Senate 90. So it looks like we've heard from everybody on that bill. I do know that mike casita from CPCS is here To testify about8942 H3776 so I'm going to reopen The public hearing on H3776 attorney to see to
[MIKE DSIDA (CPCS):] [HB3776] chairman for allowing me to testify at this point. I apologize for missing the opportunity. Earlier there was some sort of time line between what I was seeing online and what's happening in the team's meeting. So again I'm sorry and I appreciate the committee's willingness to come back to this bill. My name is Mike Cassidy I'm deputy Chief Counsel with the Committee for Public Counsel services. I oversee the provision of counsel provisions, attorneys to parents and Children and child neglect and abuse cases. And I'm here to testify in8983 support of H37 H3776 the Department of Children and Families, juvenile court judges, individual lawyers and CPCS as a whole. Everyone involved in the child, child neglect and abuse cases agree on one key principle. Children should not linger and foster care with strangers.
Some aspects of current law helped keep that from happening. This bill helps us make even more progress on that front. Under current law, if a child is found to be found to have been neglected or abused, the court has the option of transferring custody, temporary or permanent custody to any person qualified to care for the child. This option Known in the court as 3rd party custody is an important way for Children to exit foster care into the loving permanent care of their kids. It's one way there are other ways as well, adoption obviously the most one of the most significant ones, but this is another way the third party custody option. 3rd Party9046 custody option gives Children the opportunity to live with grandparents, aunts, uncles, even previously, noncustodial parents on a permanent basis.
Third party custody option is also an important way to preserve a child's racial ethnic, linguistic, cultural and religious identity. But under current law, this option is available only if there is a study of the potential custodian in her home by a probation officer or another person designated by9077 the court. That requirement of quote, a study sometimes keeps Children from living with family. Even if the probation officer has met the kinship caregiver9087 has viewed the home, has checked on the criminal background of the people in the household and is available available to testify about the caregivers suitability. Judges even have to wait sometimes if other suitable evidence shows that the 3rd Party Custodian Placement with the 3rd party Custodian is in the child's best interest. This bill broadens the type of evidence the judge can hear regarding 3rd Party custody orders. After trial judges may still consider these studies, but they will no longer be limited to To reliance on studies to enter into enter a 3rd party custody order.
Under the bill, the court may instead or in addition hear testimony from probation and other sources and consider other suitable evidence about the prospective caretaker. In cases where time consuming studies are unnecessary. Children will be able to leave the limbo of foster care more quickly and kinship caregivers Who comprise the overwhelming majority of 3rd party Custodians. We'll be able to help preserve Children's vital racial cultural linguistic and ethnic connections which might otherwise deteriorate or even vanish after unnecessary time in the state's custody. There's also a longstanding numbering error in the statute that this bill corrects and it9168 provides the same sort of option for the court to make temporary custody orders without a requirement of the formal study. So for those reasons we ask that the committee report report out H 3776 favorably. I'd also note that we support H243 and S123 bills to expand access to adoptions. Thank you very much. SHOW NON-ESSENTIAL DIALOGUE
Thank you, counselor. Any questions for CPCS on this from any committee members
and I don't see any. So councilor, thank you for your time. Thank you and your participation with the committee. I personally appreciate it very much as Dooley Thank you. Mr Chairman. Yeah. Thank. Okay so moving on. So I think I've done those two housekeeping issues. I think our next9220 bill on the list to be heard is S- 93. An act to ensure reporting of excessive force on Children by senator john Cronin
nobody has signed up to testify and I don't see any hands raised for anybody here to testify. So we'll open and close S93 Public hearing in S- 93 And moving on to Senate 1 38. An act to support Children with neonatal abstinence syndrome as redrafted. Uh Senator Susan Moran is the sponsor again? Nobody was signed up to testify in that bill. So is there anybody president the hearing that would like to9265 testify on that
and seeing none. Just Just to make sure that I do what my uh my staff is telling me. I'm gonna recall H277
an act to improve child safety. Um
And I don't think that there's nobody signed up to testify and that fell either were just making sure that I called it. I think there was we thought I might have missed. So if I don't see anything else, does anybody else have any testimony before on any of the bills that are before this committee before I moved to close the public hearing
and seeing none. I'd like to thank all of the committee members for their participation today. I'd like to really express my appreciation for all of those folks who testified today, especially those individuals who shared some very private information that could not have been easy to do so publicly. Um and and that testimony is meaningful and impactful and will be taking under consideration by the committee. I'm sure not speaking for everybody, but I probably am. So having said all of that, I will move to close today's public hearing. Do I have a second 2nd all in favor. I all right, excellent. Thank you Everybody for your participation in the public hearing is now closed and I'm sure I'll see all of you soon. Thank you.
Oh
© InstaTrac 2025