Section 26D: Behavior or temperament assessment or veterinary records for animals in foster or pre-adoptive homes
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/ma/part-i/title-xvii/chapter-119/26d·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.