House Passes Bill Reforming Child Protection

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

BOSTON – The House of Representatives yesterday 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,” said Representative Barbara L’Italien (D-Andover).

“Today we stand up for the children of the Commonwealth with this bold initiative that will forever change how the most egregious cases are handled and more importantly how we can prevent them from even happening in the first place,” said Speaker DiMasi, the lead author of the legislation. “This legislation help the government entrusted with protecting the most vulnerable in our society will do a better job and that is something we should all be proud of.”

“Thanks to Speaker DiMasi, the Legislature is providing a blueprint as to how the Commonwealth will go forward in protecting children who have been part of a fragmented system for far too long,” said House Majority Leader John Rogers, Chairman of the House Committee on Child Abuse and Neglect.

The 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 yesterday, 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.

House Overwhelmingly Passes Cell Phone Ban

Bill to Establish Hands-Free Driving Regulations

BOSTON-The Massachusetts House of Representatives today overwhelmingly passed a bill that would prohibit the use of cell phones without the use of a hands-free device and ban the sending of text messages while driving.

The bill will make drivers’ use of cell phones without a hands-free device a primary offense punishable by fines ranging from $100-$500 for adult drivers.

“This is a bill that will save lives. When a driver uses a cell phone or text-messaging device, they take their eyes off the road and endanger other motorists. The House acted to safeguard drivers from these negligent behaviors and provide drivers an alternative way to stay in contact using hands-free devices,” said House Speaker Salvatore F. DiMasi (D-Boston).

“Limiting cell phone use while driving to hands-free technology is a common sense measure intended to enhance public safety. I believe that we will prevent accidents, and most importantly, save lives,” said State Representative Joseph F. Wagner (D-Chicopee), House Chairman of the Joint Committee on Transportation and lead sponsor of the bill.

“Drivers attempting to use handheld cell phones or text message devices while also attempting to steer their vehicles are a danger to not only themselves but to others on the roads. This bill aims to eliminate that danger and stands to greatly increase the safety of our communities and our roads,” said Representative Barbara L’Italien (D-Andover).

Fines for violating the ban are $100 for a first offense, $250 for a second offense, and $500 for a third offense. For Junior Operators, who will not be allowed to use cell phones while driving at all under the ban, the penalties further include 60-day, 180-day, and one year license suspensions for each subsequent offense.

Drivers will be allowed to use one hand to activate or deactivate the phone, as well as initiate phone calls, under the law. All drivers will be exempt from the ban in case of emergency phone calls, and when pulled over out of all traffic lanes. Emergency personnel, including firefighters, ambulance drivers, and police, will also be exempted from this law at all times.

Under the legislation, if a driver is fined for using a handheld cell phone while driving, the offense will be considered a moving violation and insurance surcharge penalties will apply as of July 1, 2009.

The new law also includes a ban on television screens, DVD players, and portable video game devices that are viewable to the driver.

HOUSE UNANIMOUSLY APPROVES FAR-REACHING LEGISLATION TO PROTECT CHILDREN FROM ABUSE AND NEGLECT

Bill Is End Result of More Nearly Two Years of Research, Deliberation

BOSTON – Representative Barbara L’Italien (D-Andover) today announced the House of Representatives passed significant legislation to toughen the laws meant to protect our most vulnerable children from abuse and neglect and ensure that children’s protection is at the top of the state’s agenda with a new cabinet secretary dedicated solely to child welfare.

The bill also 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. In addition, the bill establishes minimum educational requirements for social workers and their supervisors, orders training of mandatory reporters and increased criminal penalties.

“After many rigorous hearings, the special Committee on Child Abuse and Neglect offered recommendations to reform the DSS system and today the House stood united to adopt those recommendations. This bill will set the Commonwealth on a course to heightened oversight and increased protection for the most state’s most vulnerable children,” said Representative L’Italien.

“Today, the House took bold action for those who most need our help – our most vulnerable children,” said Speaker DiMasi, the lead author of the legislation. “This bill is a bold and significant step forward to protect our children from the horrific cases of abuse and neglect that, for far too long, have become commonplace in our neighborhoods and on the front pages of our newspapers.”

“This legislation is the first step down a path to serious reform. The House passed this bill in order to promote the safety and wellbeing of our most at risk children and to take a system that is now fragmented and install a cohesive organization in its place,” said Representative John Rogers (D-Norwood), chairman of the special Committee on Child Abuse and Neglect.

The bill, which now proceeds to the Senate, 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, released a groundbreaking report, “First, Do No Harm,” which detailed the recommendations codified in the bill passed by the House today.

“This has been an extensive process by design because the changes we passed today are meant to have a real, direct impact on the care received by the children of the Commonwealth,” Speaker DiMasi said. “I urge the Senate and Governor to quickly embrace this legislation so these important changes can be made as soon as possible.”

HOUSE PASSES BILL TO ESTABLISH FIXED BUFFER ZONE AROUND REPRODUCTIVE HEALTH CLINICS

Bill will secure safety of clinic patrons and clarify ambiguities in current law

Boston – Representative Barbara L’Italien (D-Andover) today announced the House of Representatives passed legislation to establish a 35-foot buffer zone around reproductive health clinics in Massachusetts. The legislation builds on existing law to more than double the size of the current buffer zone and establish a fixed rather than floating no-protest area, 35 feet from the property line of a clinic.

“This is a public safety bill, first and foremost. Individuals seeking treatment at a reproductive health facility have the right to demand that their safety is secured and extending the buffer zone is an important part of preserving that right,” said Representative L’Italien.

“The buffer zone was desperately needed when it became law and it is clear that our law now needs to be strengthened,” said Speaker Salvatore F. DiMasi. “The women who want health services and the people who provide those services should be free to do so without fear of assault, harassment or intimidation.”

“We have worked to ensure that this new buffer zone bill meets Constitutional muster, balancing First Amendment rights with the rights of individuals to safely access a reproductive health care facility,” said Representative Michael Costello (D-Newburyport), Chairman of the Committee on Public Safety and Homeland Security.

This bill strengthens the existing law – which established an 18-foot buffer zone. Legislators have received numerous complaints that the current zone does not protect women from harassment as they enter clinics. Protesters can currently be within the so-called buffer zone as long as they are not within six feet of an entering patient or staff member and can be within that zone if they have the individual’s consent.

Complaints have reportedly included protesters dressing as police officers, blocking access to doors, screaming at patients inside the zone and other tactics.

Under the new bill, no one will be allowed to stand inside the 35 foot radius except people entering or leaving the clinic, law enforcement officials and people using the public sidewalk or street as a right-of-way to get to another destination.

Haverhill-Methuen Anti-Gang Program Grant

State Representative Brian S. Dempsey (D-Haverhill), Senator Steven A. Baddour (D-Methuen), Representative Harriet Stanley (D-West Newbury), Representative Barbara L’Italien, (D-Andover) and Representative Linda Dean Campbell (D-Methuen) announced that Haverhill and Methuen received a $220,000 Shannon Community Safety Initiative grant to combat gang activity in the area. The Haverhill-Methuen Gang Violence Education and Prevention Project is a partnership between the two communities that implements proven gang prevention strategies in order to mount an effective response to gang activity concerns. The recent “Peace in the Park” forum that was held in Methuen is an example of programs that the grant provides for. This forum featured youth mentoring and presentations by local law enforcement on how to deal with or avoid the pressures of gang involvement.

The Shannon Community Safety Initiative grants are awarded to communities based on factors that include the crime rate of a city or a town, the percentage of population between the ages of 15 and 19, and the number of young homicide victims. The grants are administered through the Massachusetts Executive Office of Public Safety with funding allocated by the Massachusetts Legislature for this purpose. Thirty-nine Massachusetts communities will receive nearly $11 million in grants to combat gang violence and crime problems.

“This grant will allow for the continuation and expansion of these innovative programs,” said Representative Dempsey. “It shows what can be accomplished when communities work together towards a common goal. I would like to commend all those that developed this program and wrote the grant application which brought these funds to the area.”

“Combating gang related activities require intensive strategies and programs that effectively target the roots of youth violence. This grant will allow Haverhill and Methuen to continue their efforts in reducing this type of crime,” said Senator Baddour.

“I am very pleased that both Haverhill and Methuen have been chosen as recipients of this grant,” said Representative L’Italien. “These funds will help assist our communities in fighting gang related violence and provide a safer environment for our youth.”

HOUSE AND SENATE REACH BUDGET ACCORD

BOSTON – Members of the Massachusetts Senate and House of Representatives appointed to resolve differences between the branch’s blueprints for the $26.8 billion Fiscal Year 2008 general operating budget have reached an agreement. The accord, known as a Conference Committee Report, was signed by all Democratic and Republican committee members and will travel to the Governor’s desk for his consideration after being accepted in both the House and Senate. The plan calls for an overall increase in appropriations of 4.2% over last year.

“This budget directs resources to proven initiatives that improve quality of life, stimulate and protect regional economic growth and ensure that the most vulnerable citizens receive the care they deserve. The Legislature has continued its commitment to supporting municipalities and strengthening the partnership between state and local government by focusing on core services such as education and public safety. Finally, the course this budget sets for the Commonwealth places it on solid fiscal ground by calling for appropriate savings and judicious spending on the most effective programs,” said Representative Robert A. DeLeo (D-Winthrop) and Senator Steven C. Panagiotakos (D-Lowell), who chair the House and Senate Committees on Ways and Means, respectively, and who were their branch’s chief budget negotiators.

In addition to Chairman DeLeo and Chairman Panagiotakos, the conference committee appointed by House Speaker Salvatore F. DiMasi (D-Boston) and Senate President Therese Murray (D-Plymouth) also included House Ways and Means Vice-Chair Marie P. St. Fleur (D-Boston); Senate Ways and Means Vice-Chair Steven A. Tolman (D-Brighton); ranking Republican House Ways and Means member Viriato M. deMacedo (R-Plymouth); and ranking Republican Senate Ways and Means member Michael R. Knapik (R-Westfield).

Selected highlights of the budget agreement include:

Local Aid

Provided $935 million, a $15 million increase, in Lottery aid to cities and towns which is due to the Legislature’s recent “uncapping” of Lottery Distribution funds allowing for the return of 100% of Lottery revenue to cities and towns;

Provided over $3.72 billion for Chapter 70 education funding, which is a $220 million increase over last year’s allocation. This amount is $93.4 million above the amount required under current statute to keep each school district at “foundation” levels and provides all 351 cities and towns with an increase in funding;

Provided $23 million for the Sewer Rate Relief fund to help control the water and sewer bills of ratepayers throughout the Commonwealth;

Provided $21.35 million in community policing grants to cities and towns;

Level funded the Additional Assistance line item;

Increased to $28.3 million Payment in Lieu of Taxes (“PILOT”) payments which represents a $3 million increase over last year; and,

Provided an increase of $2.8 million for regional school transportation reimbursements.

Education

With respect to Early Education and Care: Provided $166.9 million for child care vouchers for those being served by the Department of Transitional Assistance; $209.8 million for low income child care vouchers; and an additional $12.6 million for supportive child care to ensure that no children with active abuse or neglect cases will be without child care services;

With respect to the Department of Education: Provided $33.8 million for kindergarten expansion grants which represents a $6.8 million increase over Fiscal Year 2007; $58.3 million for regional school transportation; an increase for the special education ‘circuit breaker’ program of $12.3 million which represents a 9.49% increase over last year; and provide $13 million, up from $6.5 million last year, for Expanded Learning Time Grants; and,

With respect to Higher Education: Provided an increase for the scholarships of $4 million to allow a greater number of students to receive additional aid as the cost of higher education continues to rise; established the Commonwealth Covenant Fund, a new $3.75 million loan repayment program to encourage students to pursue degrees in math, science, engineering, technology and health care and to work in Massachusetts; provided an increase of $23.5 million for state and community colleges; and provided an increase of $25.2 million for the University of Massachusetts system.

Public Safety

Provided $4 million in funding for municipal police training grants;

Provided $500,000 for the witness protection board to protect those testifying in criminal prosecutions;

Provided over $160 million for services at the Department of Youth Services (DYS);

Provided $3.3 million for teachers’ salaries to improve teacher retention at DYS;

Provided $15.2 million for the State Police Crime Lab;

Provided $1.2 million to reduce recidivism rates at the Department of Corrections;

Provided $2 million for the youth anti-violence initiative, a multi-faceted approach to confronting teen violence; and

Provided $250,000 for an emergency text messaging notification system to be set up on all public college and university campuses.

Health and Human Services

Provided the Department of Mental Retardation with $1.3 billion representing a $51 million increase over the last fiscal year;

Provided the Department of Mental Health $667 million representing an increase of $19 million over last year;

Provided $799 million for the Department of Social Services;

Provided $3.3 million for expansion of single occupancy units for homeless individuals with mental illnesses;

Provided $9 million for adult mental health services;

Provided $23 million for salary adjustments for human service providers;

Provided an increase of $12 million for the Universal Immunization program to target Rotavirus, Meningococcal conjugate 4 (MCV4) and other existing immunizations;

Provided an increase of $8.5 million for tobacco control; and,

Doubled the appropriation to $1.2 million, from $600,000, for the Housing First pilot project.

Economic Development

Continued funding for the Commonwealth’s One-Stop Career Centers and increased funding for the Youth-at-Risk program by $2 million;

Increased the Massachusetts Office of International Trade and Investment by $500,000 over last year; and,

Provided $1.5 million for the Office of Business Development.

Housing and Homelessness

Provided $15 million in additional funding for Local Housing Subsidies to provide safe and affordable housing for low income and homeless families;

Provided $2.5 million in additional funding for the Massachusetts Rental Voucher program (MRVP) to continue to pay for existing vouchers to eligible families and individuals; and,

Provided an additional $100,000 for the funding for the Individual Development Account (IDA) program which pools state, federal and private funds to match earned income deposited into the savings accounts of qualified participants.

Veterans

Provided $18.1 million for annuity payments to certain veterans and their families; and

Provided $15.1 million for veterans benefits payments to indigent veterans.

Legislature OKs Sex Offender Statute Extension; Governor Mulls Approval

By Edward Mason
Staff writer for Eagle Tribune

BOSTON – Childhood sex abuse victims will have nearly double the length of time to report they’ve been attacked under a bill House and Senate lawmakers approved yesterday.

The bill, which goes to the governor for his signature, extends from 15 years to 27 years the statute of limitations for reporting to authorities sex crimes against children. The bill also extends the time limit indefinitely for victims who can provide evidence of a crime to prosecutors.

It also would toughen requirements for releasing sex offenders from prison, such as requiring their level of dangerousness to be established before they are allowed out.

A spokesman for Gov. Mitt Romney said the governor agrees with the bill in principal but is reviewing it.

“The governor supported lifting the statute of limitations entirely but believes this bill is a step in the right direction,” said spokesman Felix Browne. “And we’ve long advocated for the registration of sex offenders prior to their release, which is another feature of this bill.”

Sen. Steven Baddour, D-Methuen, said the bill would make it easier to prosecute abusers. Victims don’t come forward on average until they are in their mid-40s, and now they have more time to report crimes.

“We’ve finally given prosecutors the tools to go after sexual predators,” Baddour said. “This will finally allow victims who’ve been afraid to bring these accusations forward to do so. This is a victims’ rights bill.”

The bill was the subject of fierce debate between the Senate, which favored eliminating the statute of limitations, and the House, which preferred a short extension.

Rep. Barbara L’Italien, an Andover Democrat who favored eliminating the statute of limitations, said the compromise bill was overdue.

“I’m glad the House and Senate were able to come to understanding,” L’Italien said. “Government needs to be about protecting the best interests of innocent victims.”

Victims’ rights advocates had pushed to eliminate the statute of limitations on sex abuse altogether.

Debbie Savoia, a North Andover mother and victims’ rights advocate, launched a public campaign to pressure lawmakers to act on the bill, which was left unfinished at the end of the Legislature’s formal session July 31.

She said the bill represents a good start that lawmakers can build on in the future.

“It is definitely progress,” Savoia said. “You can always work off of this.”

Rep. Barry Finegold, D-Andover, said the bill is better than current law but hopes this is a step toward lifting reporting limits in the future.

“We shouldn’t be giving any added protection to people who hurt children,” Finegold said.

The legislation, while having its roots in the clergy sex abuse scandal, was controversial.

Critics of eliminating the statute of limitations contended it would make it nearly impossible for people accused of being abusers to defend themselves. Supporters said victims often don’t confront their assailants until decades have passed.

The bill also requires sex offenders to register with the state 10 days before they are released from prison. It requires lifetime community parole supervision for Level 2 and Level 3 sex offenders who don’t register.

Level 3 offenders, the most dangerous, also are barred from living in nursing homes, and Level 2 offenders would have to wear Global Positioning System devices while on probation or parole.

Sen. Bruce Tarr, R-Gloucester, said the measure allows the state to better account for the convicted offenders when they’re released.

“It makes sense not to take a chance on the loss of accountability between release and (a sex offender’s) entrance into the community,” Tarr said.

Lawmakers Should Make Prosecution of Child Abusers a Priority

Lawmakers should make prosecution of child abusers a priority

Salem News

The damage to children who are abused does not end when the abuse ends. It can, and does, last a lifetime. Those who commit such abuse should not be allowed to escape any consequences of their actions, just because it happened more than 15 years earlier.

So it is unfortunate, to say the least, that most members of the Legislature apparently can’t be bothered to vote on a bill that would extend the allowable time to report such crimes.

Fifteen years is the maximum amount of time allowed under the statute of limitations for reporting child abuse. And while there is a bill before the Legislature that would increase it by 12 years, it did not come to a vote by the end of the regular session July 31.

Children’s advocate Debbie Savoia of North Andover, vice president of the Chelmsford-based Community Voices, has been trying to get pledges from legislators for two things: To support the bill and to pressure House Speaker Salvatore DiMasi, D-Boston, to bring it to a vote when the Legislature reconvenes for a one-day session sometime this month.

The bill brings the right balance to a painful, contentious issue. There should be a statute of limitations – victims have a responsibility to bring a complaint within a reasonable time – and the proposed 27 years does that, especially when the clock doesn’t start until a person turns 16 years old.

But few legislators have agreed to support the bill which was co-sponsored by state Rep. Anthony Verga, D-Gloucester. At the end of last week, only 10 had signed on to it.

Rep. Barbara L’Italien, D-Andover, whose district includes the town of Boxford, is in favor of quick action. “I think it’s important we aggressively protect the rights of young victims,” she told Statehouse reporter Ed Mason recently.

And state Sen. Bruce Tarr, R-Gloucester, has joined several colleagues in sending a letter to Senate President Robert Travaglini asking that the matter be taken up at the special session.

Rep. William Lantigua, D-Lawrence, says he won’t make the pledge because he doesn’t like its “tone.” That is, at best, a juvenile objection.

A more substantive objection comes from Rep. Harriett Stanley, D-West Newbury. She says she supports the legislation’s intent – in fact, she says she might support eliminating the statute of limitations altogether – but believes pledges hamstring legislators by failing to allow for changing circumstances or new information.

That may be true. But it is also true that the Legislature generally finds the time to do what its members, particularly its leaders, think is important.

This is important. It is more than feel-good legislation. It is a bill that should have passed during the regular session. The membership ought to send that message to DiMasi. And he ought to make time this month for a vote on a bill that, while it will surely not eliminate child abuse, offers the chance of keeping more of those who commit such heinous crimes away from their next victims.

Tracking Criminals Law

Law Passes to Make Tracking Criminals Easier

• Enhance public safety in Massachusetts by more effectively tracking criminals who cross state lines.
• Requires other states to notify Massachusetts if out-of-state probationers and parolees move here.
• Gives state officials the authority to track, supervise, and when necessary, return felons to the state responsible for their supervision.

http://www.mass.gov/legis/laws/seslaw05/sl050121.htm

Georgetown Fire Department Grant

REPRESENTATIVE BARBARA L’ITALIEN ANNOUNCES
GEORGETOWN FIRE DEPARTMENT GRANT

Boston, MA – Representative Barbara L’Italien (D-Andover) announced today that the Georgetown Fire Department was selected by the Executive Office of Environmental Affairs (EOEA) and its Department of Conservation and Recreation (DCR) to receive a $1,991.75 grant under the Volunteer Fire Assistance Program (VFA) funded by the National Fire Plan (NFP).

DCR’s Division of State Parks and Recreation/Bureau of Forest Fire Control promotes wildland fire protection and training for cities and towns throughout the Commonwealth. Many communities have call and volunteer departments, who rely on outside sources of funding to provide for the necessary equipment that they cannot afford through the normal budgetary process.

“I am extremely pleased that the Town of Georgetown has been selected to receive this grant from the Executive Office of Environmental Affairs and the Department of Conservation and Recreation,” commented L’Italien. “It is important that Georgetown has the proper equipment to ensure that the town and its’ people are safe.”

VFA funds are made available to DCR through the USDA Forest Service to assist call or volunteer fire departments that provide service primarily to a community with a population of 10,000 or less. Funding is available on a 50% reimbursement basis. NFP funding provides assistance to (1) high risk communities adjacent to federal lands, (2) those communities working in partnership with federal firefighting agencies in responding to wildland fires, or (3) high risk communities, not associated with federal lands.