Mass. Gen. Laws ch. 119, sec. 26D — MA Code / Part I / Title XVII / Chapter 119 / Section 26D
Behavior or temperament assessment or veterinary records for animals in foster or pre-adoptive homes
Status: in_force

Section 26D. (a) The department may request that a foster or pre-adoptive parent applicant or a foster or pre-adoptive parent obtain and provide a copy of a behavior or temperament assessment or provide veterinary records for any animal maintained on premises used as a foster or pre-adoptive home. The cost of the behavior or temperament assessment shall be borne by the foster or pre-adoptive parent or applicant. The department shall not restrict placement of a child solely based on the presence of a particular breed of dog in the home; provided, however, that the department may consider: (i) the age of the child; (ii) any prior incidents of dangerous behavior between the child and animals in previous placements; (iii) veterinary records, including, but not limited to, whether the animal may have disease and parasites; provided, however, that the department may contact the veterinarian for a reference or additional information; (iv) whether the animal is licensed and vaccinated as prescribed by sections 145B and 147 of chapter 140 or any other law or local ordinance or by-law; (v) the age and size of the animal; (vi) whether the animal has been neutered; (vii) a copy of a behavior or temperament assessment for the animal; (viii) any prior incidents of dangerous behavior or incidents by the animal; (ix) behavioral characteristics of the child; (x) the number of animals on the premises; and (xi) whether the animal is penned or caged at any time, and if so, under what circumstances and for what purpose. (b) The department may request that a foster or pre-adoptive parent applicant or a foster or pre-adoptive parent obtain and provide to the department any other information deemed necessary for the department to make a determination on the safety and well-being of the child as it relates to the status of any animal in the home. (c) The department may promulgate regulations necessary to administer this section.

Section 26D. (a) The department may request that a foster or pre-adoptive parent applicant or a foster or pre-adoptive parent obtain and provide a copy of a behavior or temperament assessment or provide veterinary records for any animal maintained on premises used as a foster or pre-adoptive home. The cost of the behavior or temperament assessment shall be borne by the foster or pre-adoptive parent or applicant. The department shall not restrict placement of a child solely based on the presence of a particular breed of dog in the home; provided, however, that the department may consider: (i) the age of the child; (ii) any prior incidents of dangerous behavior between the child and animals in previous placements; (iii) veterinary records, including, but not limited to, whether the animal may have disease and parasites; provided, however, that the department may contact the veterinarian for a reference or additional information; (iv) whether the animal is licensed and vaccinated as prescribed by sections 145B and 147 of chapter 140 or any other law or local ordinance or by-law; (v) the age and size of the animal; (vi) whether the animal has been neutered; (vii) a copy of a behavior or temperament assessment for the animal; (viii) any prior incidents of dangerous behavior or incidents by the animal; (ix) behavioral characteristics of the child; (x) the number of animals on the premises; and (xi) whether the animal is penned or caged at any time, and if so, under what circumstances and for what purpose.

(b) The department may request that a foster or pre-adoptive parent applicant or a foster or pre-adoptive parent obtain and provide to the department any other information deemed necessary for the department to make a determination on the safety and well-being of the child as it relates to the status of any animal in the home.

(c) The department may promulgate regulations necessary to administer this section.