Chap. 658. 535 and for landscaping and for a parking area, such sums as may be necessary, not exceeding, in the aggregate, nine hundred thousand dollars. Section 2. For the purposes set forth in section one, the treasurer of Barnstable county, with the approval of the county commissioners, may borrow from time to time on the credit of the county such sums as may be necessary, not exceeding, in the aggregate, nine hundred thousand dollars, and may issue bonds or notes of the county therefor which shall bear on their face the words, Barnstable County Court House, Loan, Act of 1967. Each authorized issue shall constitute a separate loan, and such loans shall be payable in not more than twenty years from their dates. The bonds or notes shall be signed by the county treasurer and countersigned, by a majority of the county commissioners. The county may sell the said securities at public or private sale, upon such terms and conditions: as the county commissioners may deem proper^ but not for less than their par value. Indebtedness incurred hereunder shall, except as herein provided, be subject to chapter thirty-five of the General Laws. The county treasurer, with the approval of the county commissioners, may issue temporary notes of the county, payable in not more than one year from their date, in anticipation of the issue'of serial bonds or notes under this act, but the time within which such serial bonds or notes shall become due and payable shall not, by reason of such temporary notes, be extended beyond the time fixed by this act. Any notes issued in anticipation of the serial bonds or notes shall be paid from the proceeds thereof. • Section 3. This act shall take effect upon its passage. Approved October 2, 1967. Chap. 658. An Act beorganizing the department of public WELFARE AND PROVIDING FOR THE DIRECT ADMINISTRATION OF THE PUBLIC WELFARE SYSTEM OF THE COMMONWEALTH BY SAID DEPARTMENT. Be it enacted, etc., as follows: Section 1. The General Laws are hereby amended by striking out chapter 18 and inserting in place thereof the following chapter: — <. i, , Chapter 18. Department of Public Welfare. Section 1. There shall be a department of public welfare, in this chapter called the department. Section 2. (A) The department shall provide and administer throughout the commonwealth a comprehensive public welfare program, including the following services: ; .(1) case work or counseling including social services to families or individuals; the provision of financial assistance to those in economic need and the determination of eligibility for the categorical public assistance provided under the Federal-State programs; care and rehabilitation of the aging; comprehensive family and child welfare services; referral for health services and medical care; and other forms of social welfare service to families and individuals as needed; Acts, 1967. — Chap. 658. (2) protective services for children, unmarried mothers, the aging and other adults; (3) legal services as they relate to social problems; (4) foster family care for children, the aging, the disabled and the handicapped; (5) adoption services; (6) homemaker services; (7) day care facilities and services for children, the aging, the disabled and the handicapped; (8) residential care of dependent, disturbed, maladjusted or handicapped children or aging persons not suited to foster family care; (9) sheltered work for the disabled and the handicapped; (10) informal education and group activities as needed for families, children, the aging, the disabled and the handicapped; (11) training in responsible parenthood and home management for parents and for prospective parents; (12) social services for newcomers to an area or community to assist in adjustment to a new environment and new resources; (13) information and referral services. In order that said services be adapted, organized and coordinated to meet the needs of certain population groups, each community service center shall provide programs of service for: (a) families, children and unmarried parents, which program shall, among other objectives, serve to assist, strengthen and encourage family life for the protection and care of children, assist and encourage the use by any family of all available resources to this end, and provide substitute care of children only when the family itself or the resources available to the family are unable to provide the necessary care and protection to insure the rights of any child to sound health and normal physical, mental, spiritual and moral development. (b) the aging and other adults in need of social, financial, legal, health, rehabilitation, employment, or other services. (c) other population groups who require special adaptation of the services provided because of special needs. (B) The department shall: (a) formulate the policies, procedures and rules necessary for the full and efficient implementation of programs authorized by the laws of the commonwealth and federal laws in the area of public welfare; (b) administer the services, funds and personnel necessary for such public welfare programs throughout the commonwealth; (c) establish high standards of public welfare service and shall strive to elevate such standards; (d) provide the range of public welfare services on a fair, just and equitable basis to all people in need of such services; (e) collaborate, with other departments of the commonwealth which are in fields related to social welfare and with voluntary or private agencies or organizations to assure efficient and high quality health, mental health, social, educational, correctional and employment services for persons who are unable for social or economic reasons to provide such services for themselves; (/) study the social and economic problems and welfare services in the commonwealth, and make recommendations to the appropriate Acts, 1967.—Chap. 658. branches and agencies of government for broadening and improving the scope and quality of welfare services. Section 3. The department shall be under the direction, supervision and control of a commissioner of public welfare, in this chapter called the commissioner. The commissioner shall be appointed by the governor for a term coterminous with that of the governor. He shall, at the time of his appointment, be qualified by having received a master's degree from an accredited graduate school of social work and by having professional experience of not less than ten years in the practice of social work at least five of which shall have been as an administrator. He shall receive such salary, not exceeding twenty-five thousand dollars as the governor may determine, and shall devote his full time during business hours to the duties of his office. Section 4- The commissioner shall appoint a deputy commissioner and may appoint such assistant commissioners as the commissioner shall from time to time determine, not to exceed five in number, who shall be assigned areas of responsibility to be specified by the commissioner, one of whom shall be responsible for administration, and one for research and planning. The deputy commissioner and each assistant commissioner shall possess qualifications of character and ability similar to that required of the commissioner and shall have had training and experience which have suitably prepared them for the work of their respective offices. The deputy commissioner and each assistant commissioner shall devote their full time during business hours to the duties of their respective offices. The deputy commissioner shall receive a salary not exceeding twenty-two thousand dollars and each assistant commissioner shall receive a salary not exceeding eighteen thousand dollars, as determined by the commissioner. If the office of the commissioner becomes vacant, the deputy commissioner shall discharge the duties and have the powers of the commissioner. During the absence or disability of the commissioner, the deputy commissioner shall discharge the duties and have the powers of the commissioner; and, if the office of the deputy commissioner is vacant or if the deputy commissioner is absent or disabled at the same time as the commissioner, an assistant commissioner designated by the commissioner shall discharge the duties and have the powers of commissioner. The deputy commissioner and each assistant commissioner shall give a bond to the state treasurer for the faithful performance of his duties in such sum as the comptroller may prescribe. Section 5. The commissioner shall establish such divisions, bureaus, sections or other offices within the department as he shall from time to time determine to be necessary or proper for the efficient and economical administration of the comprehensive public welfare program. The commissioner shall establish regional offices at such locations in the commonwealth as he may deem necessary to supervise the system of community service centers and to ensure the development and maintenance of effective administration to provide services therein. Such regional offices shall assist the community service centers in enlisting the interest and participation of the people in the areas. The commissioner shall establish community service centers which shall be the principal unit through which the department shall administer public welfare programs. The purpose of these centers shall be to provide the specific services set forth in section two, and make them 538 Acts, 1967.—Chap. 658. readily available to the families, children, the aging, the disabled and the handicapped resident in the.area covered. ..Each center shall provide opportunities for involvement of residents of the area in the work of the center and for representation on the community service.boards established under section seven. ,, . ' ... The community service centers shall be of sufficient number to be readily accessible to the,people throughout the commonwealth. They shall have branch offices, if necessary, to ensure their ready accessibility. Each such community service center shall maintain a schedule of regular office hours held by a qualified member of its staff in each city or town in the area covered by such center which does not have a full time office. The time and place of such visits shall be published and otherwise made available to the general public in order to facilitate visits by the public during such office hours. The number and location of such community service.centers and branches shall.be determined by the commissioner after consultation with the state advisory board established under section six. ,. •.'... . ; \ Each community service center shall be under the administration, supervision and control of a center director who shall be appointed,by the commissioner and at the time of .his appointment shall be* qualified by having received a master's degree from an accredited graduate school of social work, and by having professional experience of not less than five years as an administrator, or supervisor of. social welfare programs. The commissioner shall prepare and keep current a general statement of the organization of the department, of the assignment of functions to its administration units, offices and employees, and of the established places at which and the methods whereby the public may receive, inr formation, make requests and receive services. Such statement shall be known as the department's description of organization. A current copy of the description of organization shall be kept on file in the office of the state secretary, in the executive office for administration and finance, in the office of the director of civil service, and in the office of the commissioner. • . Section 5A. There shall be a fraudulent claims board, hereinafter called the board, consisting of a chief and seven investigating agents. The commissioner shall, subject to the provisions of chapter thirty-one, appoint the chief. The board may expend for'legal, investigative, clerical and other assistance and expenses such sums as may be.appropriated therefor. ¦.: , . ' ;• , The board shall investigate all complaints by social workers which ¦indicate the possibility of a fraudulent claim for welfare assistance, or receipt of such welfare assistance by a person not entitled thereto. . Section 6. There shall be in the department a state advisory, board consisting of the commissioner, who shall serve ex officio, and fifteen members to be appointed by the governor after consultation with the commissioner. Upon the expiration of the term of a member, his successor shall be appointed for a term of three years. At least three members of the board shall be members of community service center, boards. The commissioner shall not be entitled to vote on any matter before the board. • • - . , ¦; •..,-.. -.-'.¦ No person appointed to the state advisory board shall be an employee or ,a consultant of the department. Members shall be persons who have Acts, 1967. — Chap. 658. 539 demonstrated notable interest and continuous concern in the areas of responsibility imposed upon the department by law, or who have had professional or other special experience in connection with health and Welfare programs. The board shall meet at least four times a year upon call of the chairman, who shall be designated by the governor after consultation with the commissioner, and shall meet at any time upon call of the governor or the commissioner. The function of the board shall be to give advice and make recommendations to the commissioner on matters affecting the department or welfare programs or needs generally. In carrying out this function, the board shall consider questions of public policy and submit reports to the governor annually and whenever appropriate or indicated, and shall maintain close communication with the community service center boards referred to in section seven. In its reports to the governor, the board may recommend legislation and present material for the education of the public. The members of the board shall receive no compensation for their services but shall be reimbursed for expenses necessarily incurred in rendering such service. Section 7. To assure effective citizen participation in the work of the community service centers, there shall be established for each such center a community service board, the members of which shall be appointed in the following manner: -— one member from each city or town in the area served by said center to be appointed by the city council or the board of selectmen, as the case may be, and the remaining members, if any, to be appointed by the commissioner, with the approval of the governor, for terms of three years each on a rotating basis. Each board shall consist of not less than fifteen nor more than thirty members. When first appointed one third of the members shall be appointed for three years, one third for two years, and one third for one year. Thereafter new appointments shall be made by the commissioner from lists of nominees prepared by the community service center board, containing at least twice as many names as positions to be filled of persons with qualifications that will maintain the distribution of interests broadly representative of the various segments of the population in the area served. Any vacancy shall be filled for the remainder of the unexpired term. No member shall serve more than two consecutive three-year terms. - Prior to'the establishment of the board the commissioner shall consult with local leaders from cities and towns in the area covered by the community service center for suggestions as to persons with primary concern for the interests and problems of the area. The membership of community service center boards shall include persons with primary concern for the social welfare, health, education and related needs of the people of the area served. The membership shall include recognized community leaders in these fields of interest, professional and nonprofessional; persons involved in the work of voluntary agencies of the area and concerned with interrelationship between public and private programs; and recipients of service provided by the-community service center. Among the members there shall be persons who are residents of as many of the various cities and towns of the area served as is practicable. Persons appointed as members of the board shall 540 Acts, 1967.— Chap. 658. not be employees or consultants of the department. The director of the center shall be a member of the board ex officio and shall not be entitled to vote. The community service boards shall meet at least six times a year upon call of their respective chairmen, the director of the center, or on the written request of not less than five members of the board. The boards shall elect their own chairmen. The duties and responsibilities of the community service board shall be: (1) to act in the interest of the citizens of the area served by the center; (2) to advise the director of the center, the commissioner and the state advisory board on the needs and resources of the area served, on steps that should be taken to increase the effectiveness of the public welfare program in the area, the quality of care and service given to the people of the area, and the working relationships between the public and voluntary agencies working in the area; (3) to advise the commissioner of public welfare in the selection of the director of the community service center; (4) to review and make recommendations to the director of the center regarding the annual plan and budget for the public welfare program provided by the community service center with a view to its comprehensiveness and steps that may be taken to ensure the provisions, as practicable, of the comprehensive program set forth in section two; to advise on priorities in the development of program for the area; (5) to make an annual report to the state advisory board, to the commissioner and the director of the center; (6) to receive and administer in separate trusts any funds granted, given or bequeathed to its use in the interest of the area program or for a special purpose as indicated in the gift, grant, or order or decree of a court. The members of the community service boards shall receive no compensation for their services but shall be reimbursed for expenses necessarily incurred in rendering such services. Section 8. The provisions of section nine A of chapter thirty and the provisions of chapter thirty-one shall not apply to the offices of commissioner. If an employee of the commonwealth or of a political subdivision, as defined in section one of chapter thirty-two, shall be appointed to the office of commissioner, deputy commissioner or assistant commissioner, he shall upon termination of his service in such office be restored to the position which he held immediately prior to such appointment. In every instance, such restoration shall be made without impairment of his civil service status or tenure under section nine A of chapter thirty and without loss of seniority, retirement or other rights to which uninterrupted service in such position would have entitled him. During the period of such appointment each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examinations to which he would have otherwise been eligible. Section 9. The commissioner shall appoint and may remove all employees in the department. All such appointments and removals shall be made in accordance with chapter thirty-one except as provided in section seven of chapter thirty and except for superintendents and Acts, 1967. — Chap. 658. assistant superintendents in charitable, medical or other institutions, physicians with full medical responsibility as opposed to administrative responsibility, nurses and nursing attendants in such institutions; provided, however, that whenever, as a condition of receiving federal grants for programs and activities to which the federal standards for a merit system of personnel administration relate, federal requirements make necessary the application of the civil service law and rules to any such position, said position shall be subject to chapter thirty-one. Appointments, promotions or transfers, except transfers to positions with substantially identical authority, duties and responsibility, shall be made only after determination by the director of civil service that the proposed appointee meets the minimum qualifications required. Section 10. The commissioner shall annually prepare and submit to the governor and the general court, on or before the first day of November, a report which shall contain the description of organization of the department and a concise review of the work of the department and of the institutions under the supervision of the department for the preceding fiscal year and such suggestions and recommendations as to the department and the said institutions and as to the general interests of all persons under its supervision as he considers expedient, together with information embodying the experience of this and other jurisdictions relative to the best and most successful methods of caring for or providing services to such persons as come under its responsibility. The commissioner shall make and from time to time revise and publish such rules and regulations for the conduct of the business of the department and the execution of the programs administered by the department as may be necessary or appropriate. The department shall take such action as may be necessary or desirable for carrying out its programs and purposes in conformity with all requirements governing the granting of federal aid to the commonwealth. Section 11. No department, bureau or agency of the commonwealth or of any political subdivision thereof, which under any provision of law is furnished with the names of recipients of public assistance, shall permit the publication of lists of such names or make use thereof for purposes not directly connected with the administration of such assistance. The commissioner shall make and from time to time revise rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the department. Section 12. The commissioner may receive funds in trust for the use of children born out of wedlock or other persons under the care or supervision of the department. The commissioner shall deposit such funds in savings banks in the commonwealth or in savings accounts in trust companies or national banks therein, or in paid-up shares and accounts of and in co-operative banks, or may use said funds to purchase share accounts of federal savings and loan associations located in the commonwealth and, when necessary, make expenditures from said funds for the benefit of or on behalf of the ward. Section 18. Annually on or before November thirtieth, the commissioner shall pay to the state treasurer all unclaimed money held by the department for the benefit of any former ward of the department whose whereabouts is then unknown and has been unknown for seven years subsequent to his coming of age. At the time of so paying over any such money, the commissioner shall certify to the comptroller the 542 Acts, 1967.—Chap. 658. amount of such money then held for the benefit of each former ward, his full name, age, if known, and last known address, the names of his parents, if known, and such further information as the commissioner deems relevant; and said comptroller shall make and keep a record thereof. The state treasurer may receive from the commissioner the unclaimed money paid over under this section and shall hold it as a separate fund. Upon certificate of the comptroller that a claim thereto satisfactory to him shall have been established and approved in writing by the attorney general, the state treasurer shall pay to any former ward, or to his guardian or conservator in case of his mental or other legal disability, or to his legal representatives in case of his death, the amount of money held for his benefit and paid over to the state treasurer under this section, without any accumulations accruing thereto after such payment, out of the principal of the fund in which the money so claimed was held as aforesaid. The said funds, if in cash, shall be invested safely by the state treasurer, or, if in securities he may hold them in their original form or, upon the approval of the governor sell them and reinvest the proceeds in securities which are legal investments for the commonwealth sinking funds. He shall be held responsible for the faithful management of said trust funds in the same manner as for other funds held by him in his official capacity. Section 14- The department is hereby authorized to enter into reciprocal agreements with other states regarding the interstate transportation of poor and indigent persons, and to arrange for the acceptance and support of persons receiving public aid in other states, in accordance with the terms of such reciprocal agreements. The department is hereby further authorized to enter into reciprocal agreements with other states to provide for the support and care of persons receiving aid or old age assistance under chapter one hundred and eighteen or chapter one hundred and eighteen A, or corresponding provisions of law in such other states, during the period of change of residence between states, as provided by section four A of said chapter one hundred and eighteen and section six A of said chapter one hundred and eighteen A. Section 15. A treasurer of a savings bank, national bank, trust company, co-operative bank, benefit association, insurance company or safe deposit company authorized to do business in the commonwealth who, upon written request, signed by an officer of the department, unreasonably refuses to inform him of the amount deposited in the corporation or association to the credit of a person named in such request as a charge upon the commonwealth, or as an applicant to the commonwealth for public assistance under chapters one hundred and seventeen, one hundred and eighteen, one hundred and eighteen A or one hundred and eighteen D, or who wilfully renders false information in reply to such request, shall forfeit fifty dollars to the use of the commonwealth. Upon such request, a treasurer, as aforesaid shall furnish the records on deposits and withdrawals during the past five years, concerning any applicant for or recipient of public assistance under chapters one hundred and seventeen, one hundred and eighteen, one hundred and eighteen A or one hundred and eighteen D to any officer of the department. Acts, 1967.—Chap. 658. 543 Section 16. Any person aggrieved by the failure of the department to render adequate aid or assistance under any program of aid or assistance administered by the department, or to approve or reject an application for aid or assistance thereunder within thirty days after receiving such application, or aggrieved by the withdrawal of such aid or assistance, shall have a. right to a fair hearing, after due notice, upon appeal to the commissioner of public welfare. Such hearing shall be conducted by a referee designated by the commissioner at a location convenient to the person appealing and shall be conducted as an adjudicatory proceeding under chapter thirty A. Any referee so designated is hereby empowered to subpoena witnesses, administer oaths, take testimony and secure the production of such books, papers, records and documents as may be relevant to such hearing. The decision of the referee, when approved by the commissioner, shall be the decision of the department and shall be subject to review in accordance with the provisions of said chapter thirty A. Section 1A. Sections forty-seven C, forty-seven D and forty-seven E of chapter thirty-one of the General Laws are hereby repealed. Section 2. Section 1 of chapter 41 of the General Laws is hereby amended by striking out the paragraph contained in lines 12 to 14, inclusive, as appearing in the Tercentenary Edition. Section 3. Section 20 of said chapter 41, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "and the board of public welfare". Section 4. The first paragraph of section 21 of said chapter 41, as amended by section 2 of chapter 101 of the acts of 1953, is hereby further amended by striking out, in lines 9 and 10, the words "commission of public safety or board of public welfare" and inserting in place thereof the words: — or commission of public safety. Section 5. Sections thirty-one, thirty-two, thirty-two A, thirty-three and thirty-four of said chapter forty-one are hereby repealed, and the caption preceding said section thirty-one is hereby stricken out. . Section 6. Section 2 of chapter 47 of the General Laws, as appearing in the Tercentenary Edition, is hereby amended by striking out, in line 4, the words "local board of public welfare" and inserting in place thereof the words: — selectmen. Section 7. Chapter 117 of the General Laws is hereby amended by striking out the title and inserting in place thereof the following title: — SUPPORT BY THE COMMONWEALTH. Section 8. Chapter 117 of the General Laws is hereby amended by striking out section 1, as most recently amended by section 1 of chapter 726 of the acts of 1963, and inserting in place thereof the following section: — Section 1. The commonwealth, acting by and through the department of public welfare, shall relieve and support all poor and indigent persons residing or found therein, whenever they stand in need of relief or support. The aid furnished shall include financial, social and medical assistance or aid as indicated by the circumstances and shall be sufficient to enable parents to bring up their children properly and to maintain an adequate standard of living for persons or families or children and shall be in an amount to be determined in accordance with budgetary standards of the department and shall be granted from the date of application therefor. 544 Acts, 1967.—Chap. 658. Section 9. Said chapter 117 is hereby further amended by striking out section 2, as most recently amended by section 1 of chapter 523 of the acts of 1965, and inserting in place thereof the following section: — Section 2. No person dependent on public support shall be placed by the department or by any veterans' agent, board of health, or other public authority, in any hospital, nursing home, infirmary or institution not operated by the commonwealth which is not licensed as required by chapter one hundred and eleven. Any person violating the provisions of this section shall be punished by a fine of not less than twenty-five or more than one hundred dollars. Section 10. Sections three, three A and three B of said chapter one hundred and seventeen are hereby repealed. Section 11. Said chapter 117 is hereby amended by striking out section 5 and inserting in place thereof the following section: — Section 5. A person shall be liable in contract to the commonwealth for expenses incurred by it under this chapter for his support, provided action is commenced against such person within six years next after the date when said person last received support or assistance under this chapter or chapter one hundred and eighteen A. The executor or administrator of such person shall likewise be liable for such expenses, but in any action therefor the defense of the statute of limitations shall not be available to the executor or administrator except as provided in chapter one hundred and ninety-seven. If relief or support under this chapter is necessary as a result of an accident, injury or illness for which moneys are expected to be provided by accident or health insurance, workmen's compensation, or otherwise, the department may require the person in need of such relief or support to provide for the reimbursement of the commonwealth for each day of such relief or support by assigning to the commonwealth an equivalent amount of the moneys to be so realized for such day; but such assignment shall not operate as a lien on moneys to be so realized for any day for which relief or support is not provided. Such assignment may be enforced by petition to the district court within the jurisdiction of which the person resides. Section 12. Section 7 of said chapter 117, as most recently amended by chapter 156 of the acts of 1956, is hereby further amended by striking out, in line 5, the words "any town" and inserting in place thereof the words: — the commonwealth. Section 13. Section 8 of said chapter 117, as appearing in the Tercentenary Edition, is hereby amended by striking out, in line 4, the word "town" and inserting in place thereof the word: — commonwealth. Section 14. Said chapter 117 is hereby amended by striking out section 13, as amended by chapter 608 of the acts of 1941, and inserting in place thereof the following section: — Section 13. A treasurer of a savings bank, institution for savings, national bank, trust company, co-operative bank, benefit association, insurance company or safe deposit company who, upon request in writing signed by the commissioner of public welfare, unreasonably refuses to inform him of the amount deposited in the corporation or association to the credit of a person named in such request who is a recipient of public welfare under this chapter, or who wilfully renders false information in reply to such request, shall forfeit fifty dollars to the use of the commonwealth. Acts, 1967. — Chap. 658. A treasurer of a benefit association or insurance company who, upon request in writing signed by the commissioner of public welfare, unreasonably refuses to inform him of the amount paid within the period of four years preceding such request, or which is then payable, to the person named in such request, such person being or having been within a period of four years a recipient of public welfare aid from a town or from the commonwealth, or being the legal representative of the estate of such a recipient of such aid who has deceased, or being the son or daughter of a person receiving or having received such aid within a period of two years, and any such treasurer who wilfully renders false information in reply to such request, shall forfeit fifty dollars to the use of the commonwealth. Section 15. Section fourteen of said chapter one hundred and seven: teen is hereby repealed. Section 16. Said chapter 117 is hereby further amended by striking out section 17, as most recently amended by section 6 of chapter 726 of the acts of 1963, and inserting in place thereof the following section: —¦ Section 17. The department shall provide for the decent burial of all deceased persons who were at the time of death recipients of public welfare under this chapter; all deceased persons who, although without means of support at the time of death, did not apply for public relief; and all unknown persons found dead. It shall also provide for the grave of each such deceased person a suitable marker bearing the name and dates of birth and death of such deceased person, if known, and for the opening of such grave. The expense thereof may be recovered of their kindred, if any, chargeable by law for their support in the manner provided in this chapter; and if the expense of their funeral and burial is not paid by such kindred, an amount not exceeding three hundred dollars for the funeral expenses of each person. Section 17. Section eighteen of said chapter one hundred and seventeen is hereby repealed. Section 18. The first paragraph of section 18A of said chapter 117, as appearing in chapter 465 of the acts of 1938, is hereby amended by striking out, in lines 2 and 3, the words "over the age of twelve years, the town liable for his burial" and inserting in place thereof the words: — the commonwealth, — and by striking out, in line 5, the word "one" and inserting in place thereof the word: — three. Section 19. The second paragraph of said section 18A of said chapter 117, added by section 1 of chapter 668 of the acts of 1945, is hereby amended by striking out, in line 1, the word "town" and inserting in place thereof the word: — department. Section 20. Sections nineteen and nineteen A of said chapter one hundred and seventeen are hereby repealed. Section 21. Said chapter 117 is hereby further amended by striking out section 24, as most recently amended by chapter 584 of the acts of 1959, and inserting in place thereof the following section: — Section £4- The commonwealth shall be liable for any expense necessarily incurred under this chapter for the relief of a person in need of public assistance therein by any person not liable by law for his support, after notice and request made in writing to the commissioner of public welfare, and until provision is made by the department; provided, however, that the commonwealth shall not be liable under this section for any expense for hospital care. 546 Acts, 1967, — Chap. 658. Section 22. Said chapter 117 is hereby further amended by striking out section 24A as amended by chapter 515 of the acts of 1964, and inserting in place thereof the following section: — Section 24 A. If hospital care is furnished to a person in need of public assistance by any person not liable by law for his support, the commonwealth shall be liable for the expense of such care necessarily incurred under this chapter after notice and request made in writing and signed by such person to the commissioner of public welfare, and until provision is made by the department; but the commonwealth shall not be liable in a sum exceeding the maximum amount under section thirty K of chapter seven for like hospital care. The commonwealth shall be liable under this section for hospital care furnished to such a person during a period not exceeding thirty days prior to such request. Section 23. Said chapter 117 is hereby further amended by striking out section 28, as amended by section 13 of chapter 726 of the acts of 1963, and inserting in place thereof the following section: — Section 28. Whoever brings into and leaves a poor and indigent person in the commonwealth, knowing him to be poor and indigent, and with intent to charge the commonwealth with his relief or support, shall forfeit not more than one hundred dollars to the use of the commonwealth. Section 24. Section 29 of said chapter 117, as appearing in the Tercentenary Edition, is hereby amended by striking out, in line 2, the words "to the board of public welfare, to its agent or,", — and by striking out, in line 4, the words "by a town or". Section 25. Said chapter 117 is hereby further amended by striking out section 31, as so appearing, and inserting in place thereof the following section: — Section 81. In actions and prosecutions founded on the preceding sections, the department of public welfare may, or at the request of the department, the attorney general or a district attorney shall, appear and prosecute actions and prosecutions on behalf of the department. Section 26. Sections thirty-two, forty, forty-four, forty-four A, forty-five and forty-six of said chapter one hundred and seventeen are hereby repealed. Section 27. Chapter 118 of the General Laws is hereby amended by striking out section 1 and inserting in place thereof the following section: — Section 1. The following words and phrases as used in this chapter, unless the context otherwise requires, shall have the following meanings: — "Dependent child", a needy child who has been deprived of parental support or care by reason of the death, continued absence from the home, physical or mental incapacity or the unemployment of a parent, and who is living with his father, mother or other parent in a place of residence maintained by one or more of such relatives as his or their own home and who is under the age of eighteen or under the age of twenty-one and a student regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit him for gainful employment. "Parent", shall include, in addition to the father and mother of the dependent child, the following: — stepfather, stepmother, stepbrother, stepsister; any blood relative, including those of the half blood, except Acts, 1967.—Chap. 658. cousins who are more distantly related than first cousins; adoptive relative of equal propinquity to the foregoing; and spouses of any such persons. "Aid to families with dependent children", money payments with respect to families with a dependent child or children. "Department", the department of public welfare. Section 28. Said chapter 118 is hereby amended by striking out section 2 and inserting in place thereof the following section: —¦ Section 2. The department shall aid a parent in properly bringing up, in his or her own home, each dependent child but no aid shall be granted under this chapter for or on account of any child unless such child resides in the commonwealth. The aid furnished shall be sufficient to enable such parent to bring up such child or children properly in his or her own home, and shall be in an amount to be determined in accordance with budgetary standards of the department, and shall be granted from the date of application therefor. Such assistance shall be paid by cash or in check and shall be paid semimonthly in advance unless the applicant prefers less frequent payments. Payment for funeral expenses of any such parent or dependent child in his or her custody may be paid directly to the person furnishing such services. Payment for other services rendered to such parent or dependent child in his or her custody may be paid directly to the person furnishing such services only when such payment is effected to meet an expense which remained unpaid at the time of the death of the parent or his commitment to an institution as an insane person or in a case where such payment is necessary to discharge an obligation incurred by the department in securing such services for such parent or dependent child. Nothing in this chapter shall be construed as authorizing any public official, agent or representative, in carrying out any provision of this chapter, to take charge of any child over the objection of either the father or the mother of such child, or of the person standing in loco parentis to such child, except pursuant to a proper court order. Section 29. Section 2A of said chapter 118, inserted by chapter 567 of the acts of 1945, is hereby amended by striking out, in lines 4 to 6, inclusive, the words ", and shall also be included in the reimbursement by the commonwealth." Section 30. Said chapter 118 is hereby amended by striking out section 3, as most recently amended by section 2 of chapter 556 of the acts of 1962, and inserting in place thereof the following section: — Section 3. Except as hereinafter provided, the department shall determine that aid is necessary to enable such parent to bring up such child or children. For this purpose, the department shall make an immediate and careful inquiry, including the resources of the family and ability of its other members, if any, to work or otherwise contribute to its support, the existence of relatives able to assist the family and societies or agencies who may be interested therein; shall take all lawful means which may include in appropriate cases as determined by the commissioner, the institution of criminal proceedings, to compel all persons bound to support such parents and such child or children to support them, and to enforce any other legal rights for their benefit; shall encourage all members of the family who are able to work, other than such parent and such child or dependent children, to secure work; shall try to aid them to secure work; and shall secure all necessary aid 548 Acts, 1967.—Chap. 658. for such parent and such child or children which can be secured from relatives or organizations; provided, however, that any exemption now or hereinafter permissible under the Federal Social Security Act relative to earned income may be allowed. This section shall not prevent the department from giving prompt and suitable temporary aid, pending compliance with the requirements of this section, when in its opinion such aid is necessary. Section 31. Section four of said chapter one hundred and eighteen is hereby repealed. Section 32. The first paragraph of section 4A of said chapter 118, as appearing in chapter 117 of the acts of 1943, is hereby amended by striking out, in line 7, the words "board of public welfare of the town granting such aid", and inserting in place thereof the word: — department. Section 33. Said chapter 118 is hereby amended by striking out section 5 and inserting in place thereof the following section: — Section 5. The department may visit and inspect any or all families so aided. The department shall, in addition to its annual report, make such reports to the Secretary of Health, Education and Welfare under the Federal Social Security Act, as amended, as may be necessary to secure to the commonwealth the benefits of said act. Section 34. Sections six, seven, and eight of said chapter one hundred and eighteen are hereby repealed. ' Section 35. The first paragraph of section 11 of said chapter 118, as appearing in chapter 487 of the acts of 1961, is hereby amended by striking out, in line 5, the words: — "appropriate board of public welfare and such board" and inserting in place thereof the words: — department and the department. Section 36. Said section 11 of said chapter 118 is hereby further amended by striking out the third paragraph, added by section 1 of chapter 498 of the acts of 1966, and inserting in place thereof the following paragraph:— If relief or support under this chapter is necessary as a result of an accident, injury or illness for which moneys are expected to be provided by accident or health insurance, workmen's compensation or otherwise, the department may require the person in need of such relief or support to provide for the reimbursement of the commonwealth for each day of such relief or support by assigning to the commonwealth an equivalent amount of the money to be so realized for such day; but such assignment shall not operate as a lien on moneys to be so realized for any day for which relief or support is not provided. Such assignment may be enforced by petition to a district court within the jurisdiction in which the person resides. Proceeds realized through the enforcement of this section shall be apportioned between the federal government and the commonwealth in proportion to the amount of their respective contributions thereto, but in no case for more than the amount contributed, without interest. Section 37. Chapter 118A of the General Laws is hereby amended by striking out section 1 and inserting in place thereof the following section: — Section 1. Adequate assistance to persons in need of relief and support who have reached the minimum age now or hereafter established by the United States government under the Federal Social Security Act, Acts, 1967. — Chap. 658. 549 as a basis for eligibility for grants in aid for old age assistance, and who reside in the commonwealth, shall be granted by the department of public welfare, in this chapter called the department. Financial assistance granted hereunder shall be given from the date of application. therefor, but in no event before the applicant reaches such minimum age, and in determining the amount of assistance to be given for any period preceding the date on which the application was favorably passed upon, consideration shall be given to the amount of welfare relief, if any, given to such applicant during said period under any other provision of law. Such assistance shall, wherever practicable, be given to the aged person in his own home, or in lodgings, or in a rest home, or in any acute general hospital, in all approved public medical institutions, all licensed chronic hospitals and all licensed nursing homes where the aged person needs no other residence. No aged person cared for in a rest home shall be eligible for old age assistance while receiving such care under a contract except in accordance with the provisions of section one A. Such assistance shall be paid by check or in cash, which shall be delivered to the applicant at his residence, if he so requests, and shall be paid semimonthly in advance unless the applicant prefers less frequent payments. Such assistance shall be on the basis of need, and the amount thereof shall be determined in accordance with budgetary standards established by the department. Such assistance shall be at no less than the following rates: — In the case of any individual living outside a family group, not less than seventy-five dollars monthly; in the case of any other person, not less than fifty-five dollars monthly. A family group shall constitute two or more persons living together in the same household who are related by blood or marriage. In computing the aforesaid minima, the department shall, in accordance with rules and regulations made by it, deduct therefrom the amount of income the person assisted or to be assisted may be receiving from any source whatsoever, and may so deduct therefrom such reasonable amount as may be deemed to represent the financial value of board, lodging or other assistance which is being furnished to such person from any source whatsoever; provided, however, that any exemption now or hereinafter permissible under the Federal Social Security Act relative to earned income may be allowed. The department shall keep informed as to changes in the cost of living as indicated by the statistics prepared by the division on the necessaries of life in the department of labor and industries and issued monthly by said division. Whenever said monthly statistics show an over-all increase or decrease in the cost of living of three per cent or more since the month, next preceding, in which the change in the cost of living was sufficient to require a corresponding change in the budgetary standards, the department shall immediately increase or decrease the total budget of each recipient by the same proportion, notwithstanding any other provisions of this chapter, to become effective on the first day of the month next following the end of thirty days from the date of said three per cent or more over-all increase or decrease in the cost of living. Notwithstanding any provision of this chapter to the contrary, the department of public welfare shall at all times provide adequate standards of assistance and shall, from time to time, increase the budgetary requirements to maintain such adequate standards. The provisions of this paragraph shall not apply in the case of 550 Acts, 1967. — Chap. 658. inmates of boarding homes or institutions who are receiving assistance under this chapter. The department shall include in the budget of each recipient an item, to be known as "Leisure Time Activities," under which there shall be paid to each recipient the sum of eleven dollars and fifty cents monthly in addition to the budgetary requirements or any other assistance granted under the provisions of this section, and an item, to be known as "Transportation Allowance," under which there shall be paid to each recipient who is not an inmate of a nursing home or institution the sum of five dollars monthly. Such assistance shall also provide for adequate medical care for every recipient of assistance under this chapter, and shall include provision for the services of a physician of such recipient's choice, and provision for the recipient to have prescribed medicines and drugs supplied by a pharmacy of his choice subject to such rules and regulations as shall be made by the department. Such assistance shall also provide for necessary chiropody treatment for every recipient of assistance under this chapter without requiring that the same be recommended by a physician. Payment for other services rendered to such aged person, including funeral expenses, may be paid directly to the person furnishing such services only when such payment is made to meet an expense which remained unpaid at the time of death or commitment as an insane person. Payment for services rendered shall be made, to the extent otherwise permitted, where an applicant dies before approval of his application. The department may pay a sum, not exceeding three hundred dollars, for the burial of a recipient providing the cost of burial does not exceed five hundred dollars and there are insufficient resources to pay for the cost of such burial. Any resources of a recipient shall be deducted from the maximum cost of the burial allowable hereunder and the difference, subject to the limitation set forth in this paragraph, shall be paid by the department. If an individual requests care at an institution, the institution furnishing such care may initiate an application on behalf of the applicant to the department and the department shall accept the application and act thereon. Such institutions may also intervene in any application made and shall be entitled to notice, hearing and appeal in the same manner as an applicant. Nothing herein contained, however, shall be construed to grant to such institution any rights which supersede the rights of an applicant. A convalescent or nursing home furnishing care to an individual who is receiving assistance under the provision of this section shall obtain from such individual the name of the pharmacy of his choice, shall maintain a record of such choice, and shall obtain all medicine and drugs prescribed for such individual from such pharmacy and no other, provided that such pharmacy is in the same town as the convalescent or nursing home and maintains a delivery service. Section 38. Sections two, two A and three of said chapter one hundred and eighteen A are hereby repealed. Section 39. Said chapter 118A is hereby further amended by striking out section 4 and inserting in place thereof the following section: ¦— Section 4- The ownership in vacant land from which no income is derived, or the ownership of an interest in real estate by an applicant Acts, 1967. — Chap. 658. 551 who resides thereon or who, in the opinion of the department, is residing elsewhere than on such real estate because of physical or mental incapacity, shall not disqualify him from receiving assistance under this chapter. Section 40. Said chapter 118A is hereby further amended by striking out section 4A, as most recently amended by section 2 of chapter 498 of the acts of 1966, and inserting in place thereof the following section: — Section 4A. A person shall be liable in contract to the commonwealth for expenses incurred by it under this chapter for assistance rendered to such person under this chapter if such person is in possession of funds not otherwise exempted, provided action is commenced against such person within six years next after the date when said person last received assistance or support under this chapter or chapter one hundred and seventeen. The executor or administrator of such person shall likewise be liable for such expenses if the estate of such person is in possession of funds not otherwise exempted thereunder, but in any action therefor the defense of the statute of limitations shall not be available to the executor or administrator except as' provided in chapter one hundred and ninety-seven. Proceeds realized through any enforcement of this section shall be apportioned between the federal government and the commonwealth in proportion to the amount of their respective contributions thereto but in no case for more than the amount contributed, without interest. The commonwealth shall succeed to and shall have all rights of enforcement of any causes of action which shall have accrued to any city or town for or on account of any payments made by a city or town under this chapter. If relief or support under this chapter is necessary as a result of an accident, injury or illness for which moneys are expected to be provided by accident or health insurance, workmen's compensation, or otherwise, the department may require the person in need of such relief or support to provide for the reimbursement of the commonwealth for each day of such relief or support by assigning to the commonwealth an equivalent amount of moneys to be so realized for such day; but such assignment shall not operate as a lien on moneys to be so realized for any day for which relief or support is not provided. Such assignment may be enforced by petition to a district court within the jurisdiction of which the person resides. Proceeds realized through the enforcement of this section shall be apportioned between the federal government and the commonwealth in proportion to the amount of their respective contributions thereto, but in no case for more than the amount contributed, without interest. Section 41. Section 5 of said chapter 118A, as most recently amended by chapter 486 of the acts of 1949, is hereby further amended by striking out, in line 12, the word "town" and inserting in place thereof the words: — commonwealth, if the department so requires, — and by striking out, in lines 13 and 14, the words "such town" and inserting in place thereof the words: — the commonwealth. Section 42. The first paragraph of section 6A of said chapter 118A, as appearing in chapter 470 of the acts of 1943, is hereby amended by striking out, in lines 5 and 6, the words "bureau of old age assistance of the town granting such assistance" and inserting in place thereof the 552 Acts, 1967.—Chap. 658. word: — department, — and by striking out the third paragraph, added by chapter 627 of the acts of 1949. Section 43. Sections seven and eight of said chapter one hundred and eighteen A are hereby repealed. Section 44. Said chapter 118A is hereby further amended by striking out section 10, and inserting in place thereof the following section: — Section 10. The department may visit any person assisted. Section 45. Section eleven of said chapter one hundred and eighteen A is hereby repealed. Section 46. Section 12 of said chapter 118A, added by section 1 of chapter 571 of the acts of 1953, is hereby amended by striking out, in line 8, the words "board of public welfare" and inserting in place thereof the word: — department. Section 47. Section 14 of said chapter 118A, as appearing in section 8 of chapter 781 of the acts of 1960, is hereby amended by striking out, in line 1, the words "board of public welfare of each town" and inserting in place thereof the word: — department. Section 48. Section 15 of said chapter 118A, as amended by section 1 of chapter 586 of the acts of 1965, is hereby further amended by striking out the first three sentences and inserting in place thereof the following sentence:—Any person may apply for medical assistance for the aged to the department. Section 49. Section 16 of said chapter 118A, as appearing in section 8 of chapter 781 of the acts of 1960, is hereby amended by striking out, in lines 1 and 2, the words "board of public welfare" and inserting in place thereof the word: — department, — and by striking out, in line 10, the word "twenty-one" and inserting in place thereof the words: — fifteen of chapter eighteen. Section 50. Sections twenty, twenty-one and twenty-two of said chapter one hundred and eighteen A are hereby repealed. Section 51. Section 24 of said chapter 118A, as amended by section 2 of chapter 657 of the acts of 1965, is hereby further amended by striking out, in line 6, the word "board" and inserting in place thereof the word: — department. Section 52. Sections twenty-five, twenty-six, twenty-eight and twenty-nine of said chapter one hundred and eighteen A are hereby repealed. Section 53. Paragraph 7 of section 30 of said chapter 118A, as appearing in section 8 of chapter 781 of the acts of 1960, is hereby amended by striking out, in lines 6 and 7, the words "a local board of public welfare" and inserting in place thereof the words: — the department, — and by striking out, in line 8, the word "board" and inserting in place thereof the word: — department. Section 54. Section thirty-two of said chapter one hundred and eighteen A is hereby repealed. Section 55. Chapter one hundred and eighteen B of the General Laws is hereby repealed. Section 56. Chapter 118D of the General Laws is hereby amended by striking out section 1 and inserting in place thereof the following section: — Section 1. The department of public welfare, in this chapter called the department, shall give adequate assistance to every needy person Acts, 1967. — Chap. 658. who has reached the age of eighteen years but has not reached the minimum age now or hereafter established by the United States government under the Federal Social Security Act, as a basis for eligibility for grants in aid for old age assistance, who is permanently and totally disabled and who resides in the commonwealth. Such assistance shall, whenever practicable, be given to such person in his own home or in lodgings or in a boarding home which, for the purposes hereof, shall include any institution providing shelter, care and treatment for such permanently and totally disabled persons; provided, that no such assistance shall be given to any individual who is an inmate of a public institution unless such person is a patient in a public medical institution; and further provided, that such assistance shall not be given to or in behalf of any individual who is a patient in an institution for tuberculosis or mental diseases. For purposes of this section a public medical institution is an institution, supported in whole or in part by public funds, which is staffed by professional nursing and convalescent care, in accordance with accepted standards. In the case of a hospital, sanatorium, convalescent or nursing home, or boarding home for the aged, such institutions shall meet the licensing provisions of the department of public health. In the case of an institution which is not licensed as a hospital, sanatorium, convalescent or nursing home, or •boarding home for the aged, the institutions shall meet the standards established for such institutions by the department of public health, authority to establish such standards being hereby given. Section 57. Said chapter 118D is hereby further amended by striking out section 2, and inserting in place thereof the following section: — Section 2. Any person may apply for assistance under this chapter to the department of public welfare, hereinafter called the department. If a person requests care at an institution, the institution furnishing such care may initiate an application on behalf of the applicant to the department and the department shall accept the application and act thereon. For purposes of this section, an institution shall include any sanatorium or wayfarers lodge, any boarding home for convalescent or aged persons, for the operation of which a license is required by law; ; any facility conducted by an agency incorporated under chapter one hundred and eighty or any special act as a charitable corporation; and any facility operated by municipal, county, state or federal governments; and the term "reside" shall mean "to occupy an established ¦ place of abode with no present intention of definite and early removal, but not necessarily with the intention of remaining permanently". Upon receipt of such application, the department shall make full inquiry concerning the eligibility of the applicant and his need for assistance and his resources and income, if any, and in the event that such person is found to be eligible for such assistance, such assistance shall be furnished promptly retroactively to the date of application, and if any applicant required medical care or hospitalization, including . nursing home care, payment therefor shall be made, subject to the rules of the department and the rules and regulations of the Secretary of Health, Education and Welfare, for a reasonable period, not to exceed thirty days, prior to the date of application on account of medical and hospital services actually rendered. In any event, within thirty days after the receipt of the application the department shall make its determination upon the apphcation and Acts, 1967.—Chap. 658. its decision shall be entered in its records. At the time of such initial determination by the department and in the event of any subsequent determination increasing or decreasing the amount of assistance or withdrawing the assistance, the applicant or recipient shall be notified in writing of such determination, and shall be informed of the reason therefor, and of his right to appeal and of the method by which he may appeal under section nine. Section 58. Section three of said chapter one hundred and eighteen D is hereby repealed. Section 59. Said chapter 118D is hereby further amended by striking out section 4 and inserting in place thereof the following section: — Section 4. Assistance under this chapter shall be on the basis of need, and the amount thereof shall be determined in accordance with budgetary standards of the department, and shall be granted from the date of application therefor. In determining the amount of assistance to be given for any period preceding the date on which the application was favorably passed upon, consideration shall be given to the amount of assistance, if any, given to such applicant during said period under any other provision of law. In computing the amount of assistance, the department shall, in accordance with rules and regulations made by it, deduct therefrom the amount of income the person assisted or to be assisted may be receiving from any source whatsoever and may deduct therefrom such reasonable amount as may be deemed to represent the financial value of board or lodging or other assistance which is being furnished to such person from any source whatsoever; provided, however, that any exemption now or hereinafter permissible under the Federal Social Security Act relative to earned income may be allowed. Adequate medical care for every recipient assisted under this chapter shall be provided under such rules and regulations as shall be made by the department. Assistance to permanently and totally disabled persons shall include financial assistance and a program of rehabilitation for persons found to be eligible for and in need of such assistance, under this chapter. The department shall include in the budget of each recipient an item, to be known as "Leisure Time Activities", under which there shall be paid to each recipient the sum of four dollars monthly in addition to the budgetary requirements or any other assistance granted under the provisions of this section and an item, to be known as "Transportation Allowance", under which there shall be paid to each recipient who is not an inmate of a nursing home or institution the sum of two dollars and fifty cents. Section 60. Said chapter 118D is hereby further amended by striking out section 5 and inserting in place thereof the following section: — Section 5. Assistance under this chapter shall be given in the form of money payments to individuals. When money payments are granted, such assistance shall be in the form of cash or check which shall be delivered to the applicant at his residence if he so requests and shall be paid semimonthly in advance. Payments under this chapter for funeral and burial services shall be paid directly to persons furnishing such services, in accordance with rules and regulations of the department. If an applicant dies before his application is approved, the payments to which he would have been entitled had he survived shall be made in accordance with rules and regulations made by the Secretary of Health, Education and Welfare of the United States applicable to such situation. Acts, 1967. — Chap. 658. 555 Section 61. Section six of said chapter one hundred and eighteen D is hereby repealed. Section 62. Section 7 of said chapter 118D is hereby amended by striking out, in line 15, as appearing in section 2 of chapter 741 of the acts of 1951, the word "town" and inserting in place thereof the words: — commonwealth, if the department so requires, — and by striking out, in lines 16 and 17, as so appearing, the words "such town" and inserting in place thereof the word: — it. Section 63. Said chapter 118D is hereby further amended by striking out section 8 and inserting in place thereof the following section: —¦ Section 8. The husband of any person in need of assistance, and the relative of any such person in the line or degree of father or mother except a father or mother who has attained the age of sixty-five years or a widowed mother who has attained the age of sixty-two years, if of sufficient ability shall be bound to support such permanently and totally disabled person and shall be obliged to reimburse the commonwealth for such person under this chapter in proportion to their respective abilities to pay. The superior court sitting in equity or the probate court in the county where any one of the persons liable for support under this section resides shall have jurisdiction, upon the complaint of the department, to assess and apportion upon such kindred liable under this section such amounts as the court considers reasonable for or towards the support of the individual in need of assistance, and may enforce payment thereof by execution in common form. The court may order such kindred to pay such weekly amounts as it finds sufficient for the future support of the person. Complaints under this section shall be filed in the clerk's office and a summons directed to any officer qualified to serve civil process shall thereupon be issued, requiring the kindred therein named to appear and answer thereto, and it shall be served like an original summons. Section 64. Sections nine and twelve of said chapter one hundred and eighteen D are hereby repealed. Section 65. Said chapter 118D is hereby further amended by striking out section 14, as amended by section 3 of chapter 498 of the acts of 1966, and inserting in place thereof the following section: — Section 14. Every person who has received assistance from a city or town or from the department under this chapter shall be liable in an action of contract to the commonwealth for the amount of such assistance received, and the estate of every person who dies, having received such assistance from a city or town or from the commonwealth within six years prior to his death, shall be liable to the commonwealth therefor and such liability shall be a debt of his estate and may be enforced in the same manner as other debts of deceased persons. The department shall determine whether any action should be brought under this section. The commonwealth shall succeed to and shall have all rights of enforcement of any cause of action which shall have accrued to any city or town for or on account of any payments made by a city or town under this chapter. If relief or support under this chapter is necessary as a result of an accident, injury or illness for which moneys are expected to be provided by accident or health insurance, workmen's compensation, or otherwise, the department may require the person in need of such relief or support 556 Acts, 1967.—Chap. 658. to provide for the reimbursement of the commonwealth for each day of such relief or support by assigning to the commonwealth an equivalent amount of the moneys to be so realized for such day; but such assignment shall not operate as a lien on moneys to be so realized for any day for which relief or support is not provided. Such assignment may be enforced by petition to a district court within the jurisdiction of .which the person resides. Proceeds realized through the enforcement of this section shall be apportioned between the federal government and the commonwealth in proportion to the amount of their respective contributions thereto, but in no case for more than the amount contributed, without interest. Section 66. Said chapter 118D is hereby amended by striking out section 15, as amended by section 12 of chapter 602 of the acts of 1956, and inserting in place thereof the following section: — Section 15. For the purpose of securing efficient administration of this chapter, the department may adopt rules and regulations not inconsistent with law, denning "permanent and total disability" and establishing methods under which a review of eligibility as to the permanent and total disability of an applicant or recipient will be made by a physician and such other technically trained persons as the department considers essential, establishing provisions designed to promote the rehabilitation of applicants and recipients through the use of the services offered by the Massachusetts rehabilitation commission under the agreements set forth in section eighty-one of chapter six, provisions establishing limitations on the amount of assistance to be provided and on expenses to be borne by the public with respect to funerals and burials and provisions relative to the extent of the financial ability of the relatives of any needy person that will obligate them to contribute to his support. Section 67. Said chapter 118D is hereby further amended by striking out section 16, as appearing in section 2 of chapter 741 of the acts of 1951, and inserting in place thereof the following section: — Section 16. The department shall take such action as may be necessary or desirable for carrying out the purposes of this chapter in conformity with all requirements governing the granting of federal aid. ¦ Section 68. Sections eighteen, nineteen and twenty of said chapter one hundred and eighteen D are hereby repealed. Section 69. Section 21 of said chapter 118D, added by section 2 of chapter 571 of the acts of 1953, is hereby amended by striking out, in lines 8 and 9, the words "board of public welfare" and inserting in place thereof the word: — department. Section 70. Section 3 of chapter 119 of the General Laws, as appearing in section 1 of chapter 646 of the acts of 1954, is hereby amended by striking out the paragraphs defining "Division" and "Advisory Board". Section 71. Section 12 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 3 to 5, inclusive, the words "shall be subject to review and approval by the advisory board and". Section 72. Section 18 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "subject to review and approval by the advisory board". Section 73. Section 20 of said chapter 119, as so appearing, is Acts; 1967.—Chap. 658. 557 hereby amended by striking out, in line 2, the word "division" and inserting in place thereof the word:— department. Section 74. Section 34 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 5 to 7, inclusive, the words "institur tions commissioner in Boston, or by the board of public welfare in any other town" and inserting in place thereof the word: — department. Section 75. Said chapter 119 is hereby further amended by striking out section 37, as so appearing, and inserting in place thereof the following section: — Section 37. The department shall make rules and regulations concerning the administration of its duties. Section 76. Section 39 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words "board of public welfare of the town where he resides" and inserting in place thereof the word: — department. Section 77. Sections one, two, three, four, four A, eight A, eight B, nine A, forty-one and forty-two of chapter one hundred and twenty-one of the General Laws are hereby repealed. ¦ Section 78. Section 43 of chapter 271 of the General Laws is hereby amended by striking out, in lines 6 and 7, as appearing in section 3 of chapter 240 of the acts of 1945, the words "four A of chapter one hundred and twenty-one" and inserting in place thereof the words: — ten of chapter eighteen. Section 79. Upon the effective date of this act all city and town boards of public welfare, including local welfare districts, and all city and town offices and boards performing the duties of a board of public welfare or similar duties, in administering programs under chapters one hundred and seventeen, one hundred and eighteen, one hundred and eighteen A and one hundred and eighteen D of the General Laws and administering programs related to the provisions of said chapters immediately prior to said effective date are hereby abolished. All powers and duties exercised by such boards and offices are hereby transferred to the state department of public welfare. The officers and employees of such city and town boards and offices, including local welfare dis? tricts and officers and employees of the state department of public welfare, who immediately prior to the effective date of this act shall hold positions classified under chapter thirty-one of the General Laws or shall have tenure in their positions by reason of section nine A of chapter thirty shall, without impairment of civil service status, seniority, retirement and other rights, without interruption of service within the •meaning of chapter thirty-one or section nine A of chapter thirty; and without reduction in compensation or salary grade, become employees of the said department of public welfare, notwithstanding any change in title or duties made as a result of such commencement of employment with the department, provided, however, that no employee shall suffer loss of eligibility to take any promotional examination to which he would have been eligible, notwithstanding the enactment of this act. All questions as to civil service status, including seniority and eligibility for competitive promotional examinations, shall be determined by the director of civil service in accordance, so far as practicable, with the civil service law. All questions regarding matters subject to the jurisdiction of the director of personnel and standardization as set forth Acts, 1967.—Chap. 658. in chapter thirty of the General Laws shall be determined by said director. All questions relating to retirement rights shall be determined by the state board of retirement. Nothing in this act shall impair the rights of holders of positions in boards of public welfare to receive any annual step-rate increase or other increase in compensation which may be due prior to July first, nineteen hundred and sixty-eight, as provided in section forty-seven E of chapter thirty-one of the General Laws. Section 80. AH books, papers, records and documents in the custody of or maintained for the use of all local public welfare boards and offices abolished by this act are hereby transferred to the custody of the state department of public welfare. All petitions, applications, hearings and other proceedings duty pending before, and all prosecutions and legal and other proceedings duly begun by, any city or town board or office abolished by this act or before or by any member, officer or employee thereof, shall continue unabated and remain in full force and effect notwithstanding passage of this act, and may be completed before or by the department of public welfare. All duly existing contracts, leases and obligations of any city or town board or office abolished by this act shall be performed by the state department of public welfare or by an administrative unit, officer or employee thereof acting under authority of law. This act shall not affect any renewal provisions or option to renew contained in any such lease in existence on the effective date of this act, all of which on the effective date of this act shall be transferred to and thereafter may be exercised by the state department of public welfare. All property held in trust by city or town boards and offices abolished by this act, or by members thereof, shall continue to be held in trust, and be administered in accordance with the terms of such trust, by trustees appointed by any court of competent jurisdiction upon application of a city or town for such appointment or for instructions in connection therewith. Section 81. On or before the effective date of this act, the local boards of public welfare shall, at the request of the department, transfer by deed, assignment or otherwise, all real or personal property which has been acquired with state or federal financial participation, and all rights of whatever nature or description therein, of which they have title or custody to the benefits of which they are entitled, to the state department of public welfare. The consideration, if any, for such a transfer shall be determined by the commissioner of administration. Section 82. The office of commissioner of public welfare, as existing immediately prior to the effective date of this act, is hereby abolished, and the term of office of the said commissioner of public welfare is hereby abolished. Section 83. The advisory board of the department of public welfare, established under the provisions of section two of chapter eighteen of the General Laws, as in effect immediately prior to the effective date of section one of this act, is hereby abolished, and the terms of all members of said board are hereby terminated. Section 84. From and after the effective date of this section, the commissioner of public welfare may enter into contracts, leases and agreements with cities and towns, other state agencies, private individuals, private agencies and agencies of the federal government for the purpose of effecting an orderly transition of the administration of public welfare programs in accordance with this act. Acts, 1967. — Chap. 658. 559 From and after the effective date of this section, no city or town shall employ or hire any additional employees in the boards or offices administering public welfare programs to perform any services which, upon the effective date of this act, will be performed by the department of public welfare established by this act, or execute any contract or lease, or make any purchase relating to such programs without the prior written approval of the department of public welfare. In order to accomplish the said transition and in order to promote the efficient administration of the work of the department as set forth in section one of chapter eighteen of the General Laws, as amended by section one of this act, and its programs, contracts and agreements entered into under this section to effect such transition may be entered into for terms not exceeding three years from the effective date of this section. In making his initial appointments to the state advisory board, established under section six of said chapter eighteen, the governor shall appoint five members for terms of one year, five for terms of two years, and five for terms of three years, as he may designate, and of such initial appointees five shall be members of college or university faculties and shall include a public administration specialist, a regional planning specialist, a community organization specialist, a social worker and an economist. Upon the completion of the term of any such initial appointee, his successor shall be appointed for the term and in the manner set forth in said section six of said chapter eighteen. The commissioner of public welfare in office on the effective date of this section shall serve as member ex officio of the state advisory board until the appointment of the commissioner of public welfare under chapter eighteen, as amended by section one of this act. The state advisory board so constituted shall forthwith enter upon the duty of consultation with the commissioner of public welfare on the number and location of the community service centers and branches to be established as authorized by section five of said chapter eighteen, as appearing in said section one. The commissioner of public welfare in office on the effective date of this section shall establish a system of community service centers, including branches, each of which shall provide public welfare services as listed in section two of said chapter eighteen, which shall be readily available to families, children, the aging, the disabled and all others in the area who are in need thereof. In planning the location of the community service centers and branches, and in designating the areas to be covered by each, the commissioner and the state advisory board shall consider the following factors: — population, density of population, relative need for public welfare services, availability of public transportation, special needs of isolated communities and effective deployment of staff. The commissioner and the state advisory board shall also consult with the state health and welfare commission, established under section one hundred and twenty-five of chapter six of the General Laws, and with other state departments with a view to coordinating the plan for the location of community service centers and the establishment of areas with the present or projected plans of other state departments for coverage of the commonwealth through area and regional units. The purpose of such joint consultation shall be to achieve the greatest possible degree of uniformity in regions and areas used by the several state departments in administering services to families and individuals. Acts,- 1967. —