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.
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