Including Flanagan & Early Legislation

Bill will require all mandated reporters to receive training on how to recognize and respond to abuse and neglect

BOSTON – The Massachusetts Legislature Tuesday gave final approval to a bill that will toughen the laws meant to protect our most vulnerable children from abuse and neglect and ensure the protection of children is at the top of the state’s agenda with a new child advocate dedicated solely to child welfare.

“There is no greater task before us than protecting the most vulnerable children in Massachusetts and, with this legislation, we will help set up the framework to better handle the most troubling and disturbing cases. I have worked hard along with District Attorney Early to ensure that the Harboring a Minor provision that we authored was included in this legislation. I would like to thank the DA and Judge Erskine for their support and passion to protect one of our most valuable populations.” said Representative Jennifer L. Flanagan (D-Leominster).

“I want to congratulate Representative Jennifer Flanagan for the leadership she showed in getting this legislation passed,” said Worcester County District Attorney Joseph D. Early Jr. “This law fills a need in protecting the children of the Commonwealth."

Last June Flanagan, Early and Worcester Juvenile Court Judge Carol A. Erskine testified in favor of the harboring a minor legislation, that was authored by Flanagan and Early, before the Joint Committee on the Judiciary. The legislation was then included in a larger piece of legislation, An Act Relative to Child Abuse and Neglect, which was passed Tuesday by both branches of the Legislature.

The Harboring a Minor Provision, included in the Comprehensive Child Abuse and Neglect Legislation, is aimed at toughening the state’s law in dealing with people who harbor runaway children, unless they are protecting the child from abuse from where the child has fled from. Unlike most other states, Massachusetts does not have specific language on the books to charge individuals who prey on vulnerable children who have fled their parents, legal guardian, and the court or state agency. The new law would carry a one-year jail sentence and up to a $500 fine for anyone who knowingly and willfully conceals or harbors a juvenile who has taken flight.

The compressive legislation establishes minimum educational requirements for social workers and their supervisors, mandates training for mandatory reporters and increased criminal penalties. The bill also creates an independent office of the Child Advocate, who will receive notice of any serious injury to a child in the care of the Commonwealth and will have the power to conduct independent investigations.

The bill requires a comprehensive five-year plan to take on the tough issues in child welfare as identified by Speaker Salvatore F. DiMasi’s House Committee on Child Abuse and Neglect last year – from racial disparities and mandated reporting to family engagement models and Department of Social Service caseloads.

The legislation will also changes the name of the Department of Social Services to the Department of Children and Families to reflect the mission of the agency.

The bill, which received final approval from the House and Senate Tuesday, is the result of nearly two years of detailed research, extensive public hearings and debate that was prompted by the horrific details of the abuse allegedly endured by 11-year-old Haleigh Poutre of Westfield.

As that case unfolded, Speaker DiMasi called on the House Committee on Post Audit and Oversight to conduct an investigation. The Post Audit Report, shared with DSS and key stakeholders, prompted the formation of the special House Committee on Child Abuse and Neglect, chaired by Leader Rogers, which was tasked to find legislative solutions.

That committee conducted a series of public hearings and, in March 2007, released a groundbreaking report, “First, Do No Harm,” which detailed many of the recommendations codified in the bill passed by the House today.

The bill now awaits Governor Patrick’s signature.