The
Senate today approved temporary restrictions on the placement of children under
the care of the Department of Children and Families (DCF) in foster homes with
individuals who have a prior criminal record.
The amendment,
offered by Senate Minority Leader Bruce Tarr (R-Gloucester) and the Senate
Republican Caucus, prohibits DCF’s approval of any new
foster care placements involving individuals or family members convicted of a
felony, unless there are specific written findings on the necessity of such
placement and a finding that the placement poses no threat to the safety of the
child. The amendment was approved on a roll call vote of 32-5 as part of
a $196.4 million supplemental budget passed by the Senate today.
The amendment also
requires the Office of the Child Advocate to examine all such existing foster
care placements to ensure the safety of each child, and to determine whether or
not such placement is appropriate.
The Senate’s actions follow recent media reports indicating
that DCF has allowed foster parents with prior criminal records to take
children into their homes in 650 cases since 2013. There are currently
552 active homes caring for children where the guardian has a prior criminal
conviction.
Und
er DCF policies that were last updated in 2008,
prospective foster parents who have been convicted of crimes such as soliciting
sex from a minor, motor vehicle homicide, and armed assault are not
automatically disqualified from becoming foster parents, and can seek a waiver
from DCF. This is due in part to a 2000 Superior Court decision.
According to recent
media reports, DCF maintains a “discretionary” list that includes about 110
crimes applicants can have on their records and still qualify as foster
parents.
Some of these offenses include:
·
inducing sex from a minor;
·
soliciting a prostitute;
·
possessing obscene “pornographic” material;
·
assault and battery with a dangerous weapon,;
·
armed burglary;
·
involuntary manslaughter;
·
motor vehicle homicide while driving under the
influence; and
·
trafficking in cocaine or heroin within 1,000
feet of a school
Last December, the Massachusetts Senate Republican
Caucus – led by Senator Don Humason (R-Westfield), the Caucus’ representative
on the Joint Committee on Children, Families and Persons with Disabilities –
released a letter calling for an independent investigation into the failures of
DCF regarding the disappearance of Jeremiah Oliver. Oliver, a
five-year-old Fitchburg resident, went missing last fall while under DCF care,
and his whereabouts remain unknown.
The supplemental budget now heads to the
House of Representatives for further action.