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вЂњYou may have some members of the state agencies that are involved in a case dispute the findings. The amendment introduced by Senator Moore calls for the commission to be made up of 21 members, including representative from the OCA, DCF, CPCS, Juvenile Court, Attorney GeneralвЂ™s Office and the Black and Latino Legislative Caucus. In January, Adam Montgomery was arrested and charged in New Hampshire with second-degree assault, interference with custody, and endangering the welfare of a child in connection with the disappearance of Harmony. When Harmony left Massachusetts with no ICPC in place, that effectively ended DCFвЂ™s involvement in her life and the department closed her case. It requires certain safeguards and regular check-ins. An ICPC is an agreement between states to ensure that a child placed in care across state lines is safe and receiving proper services. As 25 Investigates first reported in January, Harmony was sent to New Hampshire to live with her father without an Interstate Compact on the Placement of Children (ICPC). She remained in the custody of DCF until February 2019, when HarmonyвЂ™s father, Adam Montgomery, was awarded custody by the Juvenile Court of Massachusetts. Harmony Montgomery was placed in the custody of DCF in 2014, when she was two months old.

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The OCAвЂ™s report also made several recommendations to keep another child like Harmony from falling through the cracks, such as forming a working group to examine how to better weigh a childвЂ™s best interest along with parental rights. This report describes the ripple effect of miscalculations of risk and an unequal weight placed on parentsвЂ™ rights versus a childвЂ™s wellbeing.вЂќ вЂњWhen children are not at the center of every aspect of the child protection system, then the system cannot truly protect them. вЂњThe central and most important finding in this investigation and report is that HarmonyвЂ™s individual needs, wellbeing, and safety were not prioritized or considered on an equal footing with the assertion of her parentsвЂ™ rights to care for her in any aspect of the decision making by any state entity,вЂќ said Maria Mossaides, director of the Massachusetts OCA. In it, the OCA criticized the Department of Children and Families (DCF) and the Committee for Public Counsel Services (CPCS, which provides legal representation in the state for people who canвЂ™t afford an attorney, for failing to argue effectively on behalf of Harmony and failing to prioritize her safety and special needs. Last week, the stateвЂ™s Office of the Child Advocate (OCA) released the findings of its five month investigation into HarmonyвЂ™s case. вЂњIf a parent is not suitable to provide care and custody and protect that child, the child shouldnвЂ™t be there.вЂќ вЂњWe donвЂ™t know how many children are going through this process that could be tragedies waiting to occur,вЂќ Moore told 25 InvestigatesвЂ™ Kerry Kavanaugh.

It would be charged with recommending ' new, or changes to existing, statutes, interstate compacts, executive orders, judicial rules of court and standing orders, rules and regulations, intergovernmental or multi-state memoranda of understanding, policies and procedures, and trainings.вЂќ It will also study how children of color, immigrant children, and poor children are disproportionately impacted by cases. MooreвЂ™s proposal is part of an amendment to the Senate budget which was released today.ДЄccording to the text of the amendment, which 25 Investigates received a preview copy, the commission would study and make recommendations вЂњregarding the welfare and best interest considerations of childrenвЂќ in care and protection cases. Harmony went missing in late 2019 but her disappearance went unnoticed and unreported for two years. The commission is named after Harmony Montgomery, who spent much of her young life in and out of foster care until February 2019 when a Massachusetts judge sent her to live in New Hampshire with her father, a man with a long criminal history who struggled with addiction. State Senator Michael Moore filed an amendment Tuesday proposing the creation of the Montgomery Commission.

Just days after the release of an investigation report critical of the way MassachusettsвЂ™ handled Harmony MontgomeryвЂ™s care and protection case, a state lawmaker is demanding reform and action.