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S 3121

Massachusetts Senate•Introduced

Summary

S 3121, “Site Information & Links”, was introduced in the Senate on Jun 11, 2026. It last saw action on Jun 11, 2026: See H4646.

Record

Text

S 3121 has no co-sponsors and has not gone to a roll call.

s3121/introduced.txt
SENATE . . . . . . . . . . . . . . No. 3121
     Senate, June 11, 2026 -- Text of the Senate amendment to the House Bill enhancing child
     welfare protections (House, No. 4646) (being the text of Senate document numbered 3111,
     printed as amended)
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
SECTION 1. Section 172 of chapter 6 of the General Laws, as appearing in the 2024
 Official Edition, is hereby amended by striking out, in line 133, the words “2A of chapter 38”
 and inserting in place thereof the following words:- 16 of chapter 18C.
SECTION 2. Chapter 6A of the General Laws is hereby amended by striking out section
 16U, as so appearing, and inserting in place thereof the following section:-
Section 16U. (a) As used in this section, the following words shall have the following
 meanings unless the context clearly requires otherwise:
“Child requiring assistance”, as defined in section 21 of chapter 119.
“Chronic absenteeism”, missing not less than 10 per cent of days enrolled regardless of
 whether the absences are considered excused, unexcused or for disciplinary reasons.
“Community-based services”, services, including coordination of services, designed to
 assist families requiring assistance so that, if appropriate, families may avoid entry or re-entry to
 the child protective service and child requiring assistance legal systems; and children of the
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 family may continue to reside with their family and attend their community school while
 enjoying a strengthened relationship with their family.
“Family requiring assistance”, a parent, guardian, custodian, sibling and any relative or
 caretaker who (i) is at elevated risk of being the subject of a petition under section 24 of chapter
 119; or (ii) is responsible for a child at risk of being the subject of a petition under section 39E of
 said chapter 119.
“Habitually absent without permission”, as defined in section 21 of chapter 119.
“Secretary”, the secretary of health and human services.
(b) Subject to appropriation or third party reimbursement, the secretary shall:
(i) establish a network of child and family service programs and family resource centers
 throughout the commonwealth to provide community-based services to families requiring
 assistance under subsection (c);
(ii) develop guidelines and standards necessary to achieve and maintain, on a statewide
 basis, a comprehensive and integrated network of community-based services and family resource
 centers for children and families;
(iii) promote efficiency by including in the network of community-based services and
 family resource centers access to the following services: (A) organizations that are part of the
 comprehensive community-based behavioral health delivery system coordinated by the secretary
 under section 16S; (B) organizations that provide services or have experience in coordinating
 access to community-based services such as local schools; (C) other local public agencies and
 private organizations; (D) local medical, behavioral or mental health care providers; and (E)
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 state-funded services the child or family may be eligible for, including services provided by
 agencies within the executive office of health and human services, the executive office of
 education, and the executive office of housing and livable communities.
(iv) coordinate the services provided by the network and in the family resource centers
 including, but not limited to, outreach, intake, screening, assessment and referral to services;
(v) encourage cooperation among local providers and state agencies as needed to provide
 the full complement of services required under this section;
(vi) monitor and provide technical assistance to family resource centers and providers of
 community-based services;
(vii) require the use of standard intake screening and assessment tools to evaluate
 families and children seeking community-based services that shall identify the family’s
 strengths, resources and service needs including, but not limited to, mental health, behavioral
 health or substance abuse treatment, reasonable accommodations for individuals with disabilities,
 basic family shelter, clothing and food needs, child care needs, health insurance status, legal
 issues, education services and placement and child protection; and
(viii) create a data collection system for use by programs within the community-based
 services network and family resource centers that shall: (A) maintain the privacy of clients
 served, (B) assist programs and the secretary in identifying and addressing the needs of the
 population to be served, including gaps in service availability and how long clients are waiting to
 receive services; (C) collect information including, but not limited to, insurance status and
 benefit coverage of clients served, income documentation as needed to apply a sliding fee scale
 for payment or waiver of payment for services; (D) collect data regarding the needs identified
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 and services received by a family; and (E) collect such other information deemed necessary to
 assist the program and the secretary in providing services, identifying service needs and gaps and
 evaluating the effectiveness of family resource centers and the community-based services
 network.
Annually, the secretary shall submit a report to the senate and house committees on ways
 and means, the joint committee on children, families and persons with disabilities and the child
 advocate detailing: (i) the number of children and families served at each family resource center;
 (ii) identified service needs; (iii) the types of services offered in-house and those offered by
 referral; (iv) service outcomes; (v) service gaps, including unavailable services and services with
 long wait times; (vi) client feedback; (vii) the number of families served by a multidisciplinary
 team pursuant to subsection (c); and (viii) the number of children referred to a juvenile court for
 a child requiring assistance petition following a multidisciplinary team process. All data shall be
 delineated by the child’s race, ethnicity, gender, sexual orientation, transgender status, disability,
 primary language, and age.
(c) The network of community-based services and family resource centers shall: (i) assist
 families so that, whenever possible, families may avoid entry or re-entry to the child protective
 service system and children may continue residing with their families in their home
 communities; (ii) assist families to enable children to continue as students in their community
 schools; (iii) strengthen the relationships between children and their families; (iv) assist families
 in connecting with local, state, and federal services to help meet basic family shelter, clothing,
 food and health needs; (v) provide coordinated, comprehensive, community-based services for
 children at risk of chronic absenteeism, dropping out of school, committing delinquent acts or
 engaging in behaviors that impede the likelihood of leading healthy, productive lives, or for
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 children who have been referred by a school or from the juvenile court pursuant to section 39E
 of chapter 119.
Services offered through the network shall include, but not be limited to, treatment for or
 assistance with: (i) eligibility determinations; (ii) applying for state services including
 MassHealth; (iii) financial assistance programs including Supplemental Security Income and
 services provided or funded by executive branch agencies; (iv) behavioral, medical and mental
 health needs; (v) substance use treatment; (vi) special education evaluation; (vii) remedial
 education services; (viii) assistance with insurance issues; (ix) mentoring; (x) family and parent
 support; (xi) civic engagement and community service; (xii) after school and out-of-school
 opportunities; (xiii) residential programs; (xiv) crisis management; and (xv) case management.
Each family resource center shall identify the service needs of each family in accordance
 with the requirements of subsection (b)(vii). Subject to appropriation, each family resource
 center shall assign a case manager to any high-needs families who voluntarily accept service.
 Said case manager shall assist the family in identifying and navigating appropriate services in the
 network. If a case meets the eligibility criteria for an interagency review of complex cases under
 section 16R, the family resource center shall refer the child to the interagency review team. For
 cases that do not meet the eligibility requirements under said section 16R, the family resource
 center may convene a multidisciplinary team to fulfill the functions listed in this subsection.
 Multidisciplinary teams shall consist of, but not be limited to the child, the child’s parents or
 caregivers and family resource center staff, and when appropriate may include family partners,
 advocates, community-based service providers, educational advocates, representatives from state
 agencies or school district representatives. Multidisciplinary teams shall work to identify any
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 needs of the child or family with the goal of providing supports to the child and their family
 outside of the juvenile court process to the extent possible.
A case manager shall not refer a family to the juvenile court for the purpose of filing a
 child requiring assistance petition unless the family has exhausted all relevant community-based
 service options that are reasonably available to them. Family resource center staff shall be
 authorized to report to a probation officer upon request if a child that is the subject of an
 attempted child requiring assistance petition has met with a case manager pursuant to this section
 and if all relevant community-based service options reasonably available to them have been
 exhausted. Any other information about the child or family shall be kept confidential pursuant to
 subsection (d).
The secretary of health and human services shall issue guidance to effectuate this section.
 The guidance shall include, but not be limited to: (i) a description of situations in which
 convening a multidisciplinary team may be appropriate; (ii) the role of family resource center
 staff in facilitating the work of the multidisciplinary team; (iii) the circumstances under which
 staff from state health and human service agencies are required to participate and what that
 participation shall entail; (iv) the process by which disagreements about the case plan shall be
 resolved; (v) requirements for obtaining client or parental consent; (vi) processes for providing
 information to the juvenile court about a family’s participation in services when the family or a
 school has filed a child requiring assistance petition; (vii) data gathering and reporting
 requirements; and (viii) protocols for when and how a family shall be referred to the juvenile
 court for a child requiring assistance petition.
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(d) Any documentation of services provided to the child and family through the network
 of community-based services or in the family resource centers shall not be public records under
 clause Twenty-sixth of section 7 of chapter 4. Except as otherwise required by law, including
 laws related to the reporting of suspected abuse or neglect under section 51A of chapter 119,
 statements made by the child and family while receiving services from the network of
 community-based services shall be treated as confidential and shall not be used in any
 proceedings without the written consent of the person making the statement. Information about
 the child and family requiring assistance, including interactions with service providers and
 protected health information, may be shared among the case team, other providers of community
 services for families and any agency within the executive office of health and human services
 providing such services to the child as needed to coordinate treatment and provide appropriate
 case management, to the extent permitted under applicable federal law, unless the child or family
 declines in writing to permit such information sharing.
(e) Participation in community-based services and use of the family resource centers shall
 be under a voluntary agreement of the parent, legal guardian or custodian and the child;
 provided, however, that provision of community-based services may be contingent upon such
 parent, legal guardian or custodian agreeing to pay for such services or consenting to allow
 covered services to be billed to applicable third party payers, including insurance providers.
(f) A school administrator shall refer a student and their caregivers to a family resource
 center at the same time as the administrator notifies a student and the parent, legal guardian or
 custodian of the student that the student is at risk of expulsion for failure to comply with the
 lawful and reasonable rules of the school. After providing the process that is due to the student,
 including an expulsion hearing if requested under sections 37H and 37H1/2 of chapter 71, the
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 school administrator shall consider the outcome of the community-based services if the student
 provides such outcome information to the school. After an expulsion is imposed, the student may
 continue to provide information relative to the outcome of any community-based services
 rendered, and the school administrator shall consider the outcome of any community-based
 services rendered when such information is provided. Notwithstanding the outcome of any
 community-based services, school districts shall make available to expelled students educational
 services designed to lead to re-entry to a regular education program or to a high school diploma.
A school administrator shall refer a student’s caregivers to a family resource center prior
 to filing a child requiring assistance petition pursuant to section 39E of chapter 119. A school
 shall make and document efforts to identify and address potential causes of chronic absenteeism,
 including but not limited to previously unidentified or inadequately addressed special
 educational needs, behavioral health needs, bullying, and harassment, before referring the child
 and family to a family resource center for chronic absenteeism or filing a child requiring
 assistance petition with the juvenile court.
(g) Nothing in this section shall diminish or interfere with the rights and protections
 afforded to students with disabilities under federal and state special education laws.
SECTION 3. Section 6A of chapter 18B of the General Laws, as so appearing, is hereby
 amended by striking out the fifth paragraph.
SECTION 4. Said chapter 18B is hereby further amended by inserting after section 6A
 the following section:-
Section 6B. (a) The commissioner shall establish and maintain an education unit, which
 shall: (i) implement and oversee the work of the regional offices and area directors on education
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 for children receiving services from the department, consistent with policies created by the
 department’s education director; (ii) monitor student academic progress of children under the
 care and custody of the regional office not less than once per academic quarter; (iii) provide
 support and assistance to department social workers regarding educational needs of children; (iv)
 provide detailed training to department social workers on the best practices to monitor a child’s
 education experiences, recognizing any unavailability of resources preventing a child from
 participating in school courses and developing individualized education programs and section
 504 plans; (v) ensure the timeliness and accuracy of the transfer of education records detailing a
 child’s educational background and needs; and (vi) maintain contact with appropriate local
 school districts and education organizations to facilitate the enrollment, information sharing and
 placement of children into school districts served by the area office.
(b) The commissioner shall appoint an education director. The education director’s duties
 shall include, but shall not be limited to: (i) developing, implementing and overseeing the
 department’s policies on education for children under the care and custody of the department,
 including policy development and practice guidance; (ii) monitoring state and federal laws,
 programs and resources that may impact the education of children under the care and custody of
 the department; (iii) advising the commissioner and all education specialists on all matters
 relating to education, strategic education initiatives, policy and practice management matters;
 (iv) coordinating efforts of the education specialists to identify and address systemic barriers to
 accessing educational services for children under the care and custody of the department,
 including issues related to transportation for children in department care or custody to attend
 their school of origin; (v) coordinating with area directors and regional offices on education
 related issues; and (vi) facilitating best practice training for education specialists. The education
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 director shall perform duties pursuant to this section and such other duties as may be assigned by
 the commissioner.
(c) The director shall, subject to the approval of the commissioner, appoint education
 specialists who shall be employees of the department and who shall devote their full time and
 attention to supporting the department’s goal of educational stability and success for all
 elementary and secondary school students under the care and custody of the department.
(d) An education specialist may, to the extent permitted by federal law, accompany social
 workers to meetings with school personnel, including, but not limited to, meetings relative to a
 child’s individualized education program or 504 plan.
SECTION 5. Section 7 of said chapter 18B, as appearing in the 2024 Official Edition, is
 hereby amended by striking out subsections (e) to (o), inclusive, and inserting in place thereof
 the following 11 subsections:-
(e) The commissioner shall develop and implement a plan for the orientation and training
 of area-based and other staff. The plan shall require all employees to be issued photo
 identification to be used in the performance of their duties, including for display upon
 introduction.
(f) The commissioner shall coordinate the overall service planning of the department with
 planning under Title XX of the Social Security Act, 42 U.S.C. 1397 et seq.
(g) The commissioner may apply for and accept on behalf of the commonwealth federal,
 local or private grants, bequests, gifts or contributions.
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(h) The commissioner shall, subject to chapter 30A, adopt rules and regulations necessary
 to carry out this chapter and chapter 119.
(i) The commissioner shall include in the budget estimates of the department funds for
 the development and implementation of said management information system, monitoring and
 evaluation system, annual needs assessment and staff training plan.
(j) The commissioner shall, subject to appropriation, enter into contracts with nonprofit
 organizations to provide services for families and individuals in emergency and transitional
 housing; provided, however, that the department shall, in entering into such contracts, provide $3
 for each dollar of donated funds that have been committed to such nonprofit organizations from
 any non-state source; and provided further, that for the purposes of this subsection, a non-state
 source may include private donations or monies from city, town or county governments but shall
 not include funds from other state agencies.
(k) Prior to undertaking any activity or implementing any policy that would affect
 expenditures for medical assistance under chapter 118E, including, but not limited to, identifying
 individuals eligible for such assistance under said chapter 118E, the commissioner shall ensure
 that such activity or policy is reviewed by the director of Medicaid.
(l) Not more than 3 per cent of the department’s annual budget shall be appropriated in a
 separate account and expended for the purposes of subsections (b), (c) and (d).
(m) The commissioner shall consult with the commissioner of mental health prior to
 taking any action substantially affecting the design and implementation of behavioral health
 services for children under guidelines established by the secretary of health and human services
 under section 16S of chapter 6A.
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(n) Upon receipt of a completed review of multiple 51A reports required under
 subsection (r) of section 51B of chapter 119, the commissioner shall immediately notify: (i) the
 district attorney for the county in which the child resides and for the county in which the event
 giving rise to a report occurred; (ii) local law enforcement authorities in the city or town in
 which the child resides and in the city or town in which the event giving rise to a report occurred;
 and (iii) the office of the child advocate.
(o) The commissioner shall require social workers employed by the department to obtain
 a license as a social worker pursuant to section 131 of chapter 112 within the first 9 months of
 employment. The commissioner shall require social workers employed by the department to
 participate in not less than 30 hours per year of paid professional development training;
 provided, however, that such training shall be consistent with applicable collective bargaining
 agreements. The commissioner may grant a social worker employed by the department a 1-time
 6-month hardship waiver from the licensing requirement under this subsection to ensure access
 for underserved populations.
SECTION 6. Section 20 of said chapter 18B, as so appearing, is hereby amended by
 striking out the second sentence.
SECTION 7. Said chapter 18B is hereby further amended by striking out section 23, as
 inserted by section 45 of chapter 176 of the acts of 2008.
SECTION 8. Said chapter 18B is hereby further amended by striking out section 23,
 inserted by section 8 of chapter 321 of the acts of 2008, and inserting in place thereof the
 following section:-
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Section 23. If the department has care and custody of a child receiving inpatient
 psychiatric services, the department shall: (i) contact the child’s parents or guardians, as
 appropriate, and a member of the child’s treatment team within 3 business days of the
 hospitalization; (ii) maintain weekly contact with them until the child is discharged; and (iii)
 immediately begin discharge planning, with the priority of returning the child to their home or to
 a community placement. Not later than 5 business days after being notified that continued
 hospitalization is no longer clinically appropriate, the department shall determine the appropriate
 type of placement for the child and immediately initiate the placement referrals. The department
 shall document its activities in assisting with discharge placement, including identification of
 available resources for home-based, community or alternative residential placements, and the
 barriers, if any, to discharge the child to the most clinically appropriate setting. If the initial
 placement is not deemed to be the most clinically appropriate setting, the department shall
 continue to seek an appropriate placement. Not later than 30 days after being notified that
 continued hospitalization is no longer clinically appropriate, the department shall refer the child
 to the interagency review team established pursuant to section 16R of chapter 6A.
SECTION 9. Sections 24 and 25 of said chapter 18B are hereby repealed.
SECTION 10. Said chapter 18B is hereby further amended by adding the following 3
 sections:-
Section 26. (a)(1) Annually, not later than October 31, the department shall issue a report
 that provides an overview of the department’s performance during the previous fiscal year. The
 report shall include comparative departmental information from prior fiscal years. The
 commissioner shall file the report with the governor, the child advocate, the clerks of the senate
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 and the house of representatives, the senate and house committees on ways and means and the
 joint committee on children, families and persons with disabilities. The commissioner shall
 provide the recipients of the report with an opportunity to discuss its contents with the
 department. The report shall be made publicly available on the department’s website in
 accordance with section 19 of chapter 66; provided, however, that any personally identifiable
 information in the report shall be deidentified or removed prior to the report’s publication on the
 department’s website.
(2) The report required pursuant to paragraph (1) shall include, but shall not be limited to,
 narratives, information, data and analysis on the department’s:
(i) counts, including, but not limited to: (A) case counts; (B) the number of children
 served by the department; (C) child demographic information, including age, race, ethnicity,
 primary language, birth sex, gender identity, sexual orientation and disability; (D) intersectional
 data; (E) rates of racial disproportionality and disparity at various decision points throughout the
 life of a case, including, but not limited to: (1) protective intakes and responses; (2) children ages
 0 through 17 years, inclusive, with an open case as compared to the proportion of the child
 population in the commonwealth; (3) the number of children and youth in placement by
 placement type; (4) permanency plans for children and youth in placement, including plans
 meeting the federal permanency standard; (5) permanency outcomes as compared to children in
 placement; (6) the median placement length of stay, in days, for children who exited care as well
 as for children who were in out-of-home care; (7) placement moves per 1,000 placement days for
 children who entered care during the specified fiscal year; (8) exits from care to reunification,
 adoption and guardianship as a rate of all exits from placement; and (9) youth aging out as a rate
 of all exits from placement; (F) the number of requests for reasonable accommodations, broken
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 down by accommodation type; (G) the total number of disability related complaints filed with
 the department, broken down by complaint type and region; (H) reports filed pursuant to section
 51A of chapter 119; (I) placement metrics, including, but not limited to: (1) placement moves per
 1,000 placement days for children who entered care during the specified fiscal year; (2) initial
 placement with kin; and (3) the median number of placements between a home removal episode
 and an initial placement review; (J) infants brought into the department’s care pursuant to section
 39½ of chapter 119; and (K) siblings in placement;
(ii) processes and outcomes, including, but not limited to: (A) protective responses and
 safety outcomes including, but not limited to, maltreatment in foster care and supported
 allegations of abuse and neglect for children in foster care by placement type; (B) the number of
 fatalities, including the manner of death, of children with a family history with the department;
 (C) permanency processes and outcomes, including, but not limited to, reunification, adoption,
 guardianship, kinship adoption, kinship guardianship and aging out; (D) well-being outcomes,
 including the rates and timeliness of the delivery of medical services; and (E) educational well-
 being outcomes, including, but not limited to, school placement information, the number of
 individualized education programs, attendance rates, high school graduation rates and school
 disciplinary actions;
(iii) operations, including, but not limited to: (A) staffing trends; (B) caseloads; (C) the
 department’s budget, including funding levels; (D) service costs, including, but not limited to,
 departmental foster care, contracted foster care, complex medical foster care, congregate care,
 adoption and guardianship subsidies, foster care support services, respite and support and
 stabilization; (E) medical services and advancements in providing medical services to children
 and young adults in the department’s care; (F) the number of children and young adults in the
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 department’s care in emergency departments, inpatient units, psychiatric hospitals or
 community-based acute treatment programs who are awaiting alternate placements and the
 average duration of days waiting; (G) any new or ongoing initiatives to improve practices,
 procedures and policy of the department; and (H) the number and types of complaints received
 pursuant to section 23E of chapter 119; and (iv) support and stabilization services, including, but
 not limited to: (A) the total number of families who receive support and stabilization services;
 (B) the total number of service referrals for support and stabilization services; (C) the total
 number of families who receive more than 1 type of support and stabilization service; (D) the
 total number of referrals for intact families; (E) the total number of referrals for children in out-
 of-home placements; (F) the average length of time that support and stabilization services are
 provided; (G) the total number of provider agencies with support and stabilization services
 contracts; and (H) the total dollars expended on an annual basis for support and stabilization
 services, broken down by region.
(b) Not later than 45 days after the end of each fiscal quarter, the department shall issue a
 quarterly profile that shall be posted on its website in accordance with section 19 of chapter 66
 that shall include, but not be limited to, departmental, regional office and area office data on: (i)
 the number of children served by the department; (ii) the number of reports filed pursuant to
 section 51A of chapter 119, including, but not limited to, the total number of reports received,
 screened-in and screened-out in total and by reporter role; (iii) rates and recurrence of
 maltreatment of children; (iv) department case counts, including the number of clinical and
 adoption cases; (v) child demographic information, including age, race, ethnicity, primary
 language, birth sex, gender identity and sexual orientation and disability; (vi) the number of
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 children and youth in placement by type of placement; and (vii) the number of children and
 youth not in placement.
(c) Annually, not later than October 31, the department shall file a report on services
 provided to young adults over the age of 18 with the child advocate, the clerks of the senate and
 the house of representatives, the senate and house committees on ways and means and the joint
 committee on children, families and persons with disabilities. The report shall include, but shall
 not be limited to: (i) a summary of the process by which a young adult may continue to receive
 services from the department upon reaching the age of 18; (ii) demographic information on
 young adults detailing age, race, ethnicity, primary language, gender identity, sexual orientation,
 disability and rates of racial disproportionality and disparity; (iii) the number of young adults
 who have elected to sustain or reestablish a connection with the department in the previous fiscal
 year; (iv) the number of young adults who have elected not to remain with the department and
 have transitioned out of the child welfare system in the previous fiscal year, including young
 adults who had previously elected to sustain a connection with the department, if such numbers
 are available; and (v) the number of transition-age young adults aging out of the child welfare
 system with: (A) stable and permanent housing; (B) full- or part-time employment or military
 enlistment; (C) health insurance; or (D) if sought, post-secondary education such as college, job
 training or a certificate program within 6 months of transition.
(d)(1) Annually, not later than October 31, the department shall file a report on its fair
 hearing processes and cases with the child advocate, the clerks of the house of representatives
 and the senate, the house and senate committees on ways and means and the joint committee on
 children, families and persons with disabilities. The report shall be made available to the public
 electronically in accordance with section 19 of chapter 66. The report shall include, but shall not
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 be limited to, information in a form that shall not include personally identifiable information on
 the fair hearing requests open at any time during the previous fiscal year. For each fair hearing
 request, the report shall provide: (i) the subject matter of the appeal; (ii) the outcomes of cases
 resolved prior to a fair hearing decision; (iii) the number of days between the hearing request and
 the first day of the hearing; (iv) the number of days between the close of the evidence and the
 hearing officer’s decision; (v) the number of days of continuance granted at the appellant’s
 request; (vi) the number of days of continuance granted at the request of the department; (vii) the
 number of days of continuance granted at the request of the hearing officer; and (viii) whether
 the department’s decision that was the subject of the appeal was affirmed or reversed.
(2) The department shall maintain and make available to the public, during regular
 business hours, a record of its fair hearings in a form that shall not include personally identifiable
 information but shall include, for each hearing request: (i) the date of the request; (ii) the date of
 the hearing decision; (iii) the decision rendered by the hearing officer; and (iv) the final decision
 rendered upon the commissioner’s review. For fair hearing requests that are pending for more
 than 180 days at any time during the fiscal year, except for those requests which have been
 stayed at the request of the district attorney, the report shall provide the number of such cases,
 the number of those cases that have been heard but not decided and the number of cases that
 have been decided by the hearing officer but for which a final agency decision has not yet been
 issued.
(e) Annually, not later than October 31, the department shall file with the child advocate,
 the clerks of the house of representatives and the senate and the joint committee on children,
 families and persons with disabilities a report on the foster care review system and any
 recommendations for its improvement, including, but not limited to: (i) the population served by
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 the department, including, but not limited to, case counts, child, youth and young adult and
 parent or caregiver counts and children, youth and young adults in placement; (ii) a foster care
 review overview, including, but not limited to, foster care review policy, the number of children,
 youth and young adults in placement with a convened foster care review and the foster care
 review considerations; (iii) scheduling, including, but not limited to, scheduled and convened
 foster care review meetings, children, youth and young adults reviewed, duration of meetings
 and timeliness of foster care review report completion; (iv) attendance, including, but not limited
 to, foster care review meeting panel composition and mandated participants invited and attended;
 (v) the review process, including, but not limited to, the department action plan, placement
 activities, social worker contact, parent-child visitation, health, education and well-being needs,
 information on youth and young adults and systemic barriers for children, youth and young
 adults and parents or caregivers; (vi) foster care review determinations; (vii) minority opinions,
 including, but not limited to, minority opinions by a panel member; and (viii) foster care review
 follow-up activities.
(f) If the department is unable to submit the report under subsection (a), issue the profile
 under subsection (b) or submit any other reports required pursuant to subsections (c), (d) and (e)
 by the respective deadlines, the commissioner shall notify in writing the governor, the child
 advocate, the clerks of the house of representatives and the senate, the house and senate
 committees on ways and means and the joint committee on children, families and persons with
 disabilities of the delay and provide an explanation for the delay.
(g) The department may satisfy the reporting requirements of subsections (c) through (e)
 by providing the requested information in the annual report filed pursuant to subsection (a). The
 department may substitute reports required by this section with data visualization tools that are
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 accessible and compliant with the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., as
 amended.
Section 27. (a)(1) The commissioner shall notify the joint committee on children, families
 and persons with disabilities when draft regulations are available for public comment. Such
 notice shall be provided not later than the day that draft regulations are made public.
(2) Not later than 30 days after the promulgation of regulations or the effective date of
 adopted or revised departmental policies related to services provided to children and families, the
 department shall provide copies of such regulations or departmental policies to the joint
 committee on children, families and persons with disabilities.
(b) Not later than 5 days after the end of each fiscal quarter, the commissioner shall
 notify the senate and house committees on ways and means and the joint committee on children,
 families and persons with disabilities when data from a profile issued pursuant to subsection (b)
 of section 26 significantly departs from data reported in a previous profile.
Section 28. (a) The department shall establish a 5-year plan, on a fiscal year basis, that
 shall include, but not be limited to, numeric targets for the department’s performance in each
 fiscal year and by region in the areas of safety, permanency and well-being. The plan shall
 include a description of how the department will measure its progress toward meeting the
 numeric performance targets and may include different performance targets by region. In
 developing the plan, the department may consult with governmental and non-governmental
 partners, as necessary. The department shall update the plan annually.
(b) Annually, the department shall measure its performance in meeting the numeric
 performance targets established in the 5-year plan for the commonwealth as a whole and by
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 region. The department shall publish and maintain on its website a copy of the current 5-year
 plan, the numeric and performance targets for previous years and the department’s progress in
 meeting those performance targets.
(c) If, in any fiscal year, the department is unable to comply with the requirements of
 subsections (a) and (b), the department shall notify, as soon as practicable, the clerks of the
 house of representatives and the senate, the house and senate committees on ways and means, the
 joint committee on children, families and persons with disabilities and the child advocate.
SECTION 11. Section 1 of chapter 18C of the General Laws, as appearing in the 2024
 Official Edition, is hereby amended by inserting after the definition of “Child advocate” the
 following 2 definitions:-
“Child-serving individual”, an individual who, in their professional role, has consistent
 access to children and is often alone with children under the age of 18 or responsible for their
 care; provided, however, that “child-serving individual” may be an employee, a contractor or
 temporary employee at a public or private organization.
“Child-serving volunteer”, a person who, without compensation or expectation of
 compensation, provides services or supports in a capacity that involves direct contact with,
 supervision of or responsibility for the care, education, treatment or welfare of children under the
 age of 18 at a public or private organization, including, but not limited to, volunteers in schools,
 childcare programs, youth-serving organizations, recreational or athletic programs, faith-based
 programs, mentoring or tutoring services and residential or congregate care settings.
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SECTION 12. Section 1 of chapter 18C, as so appearing, is hereby further amended by
 striking out the definition of “critical incident” and inserting in place thereof the following
 definition:-
“Critical incident”, (i) a fatality, near fatality or serious bodily injury or emotional injury
 of a child or the indecent assault and battery of a child under sections 13B to 13B¾ of chapter
 265, inclusive, or the kidnapping or enticement of a child under sections 26 to 26D, inclusive, of
 said chapter 265, or the rape and abuse of a child under sections 23 to 23B, inclusive, of said
 chapter 265, who is in the custody of, or receiving services from, an executive agency or a
 constituent agency; or (ii) circumstances that result in a reasonable belief that an executive
 agency or a constituent agency failed in its duty to protect or adequately serve a child and, as a
 result, the child suffered or was at imminent risk of suffering serious bodily injury or emotional
 injury or death.
SECTION 13. Said section 1 of said chapter 18C, as so appearing, is hereby further
 amended by inserting after the definition of “Department” the following definition:-
“Emotional injury”, an injury or harm that occurs when a child of any age witnesses the
 fatality or life-threatening incident of an individual as a result of an unexpected medical event,
 overdose, violent act or accident, suicide or attempted suicide.
SECTION 14. Said section 1 of said chapter 18C, as so appearing, is hereby further
 amended by striking out the definition of “Executive agency” and inserting in place thereof the
 following 2 definitions:-
“Executive agency”, a state agency within the office of the governor that provides
 services to children, through direct services, guidance, oversight, contracted services and
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 licensing functions; provided, however, that executive agencies shall include the executive office
 of education, the executive office of public safety and security, the executive office of health and
 human services, and their constituent agencies, the Massachusetts interagency council on
 housing and homelessness and the executive office of housing and livable communities; and
 provided further, that constituent agencies shall include, but not be limited to, the department of
 children and families, the department of youth services, the department of public health, the
 department of mental health, the department of developmental services, the department of early
 education and care and the department of elementary and secondary education.
“Near fatality”, an injury that is: (i) accidental or the result of a medical condition,
 attempted suicide or abuse or neglect; and (ii) certified by a physician to be life threatening.
SECTION 15. Said section 1 of said chapter 18C, as so appearing, is hereby further
 amended by striking out the definition of “serious bodily or emotional injury” and inserting in
 place thereof the following 2 definitions:-
“Serious bodily injury”, an injury which involves: (i) a substantial risk of death; (ii)
 extreme physical pain, protracted and obvious disfigurement; or (iii) protracted loss or
 impairment of the function of a bodily member, organ or mental faculty.
“Sudden unexplained pediatric death”, the sudden and unexpected death of an child under
 the age of 3 where the cause of death cannot be determined before an investigation.
SECTION 16. Section 2 of said chapter 18C, as so appearing, is hereby amended by
 striking out, in lines 2 and 3, the words “independent of any supervision or control by any
 executive agency.” and inserting in place thereof the following words:- an independent state
 agency that shall not be subject to the supervision or control of any other executive office,
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 executive agency or constituent agency, commission, board, bureau or political subdivision of
 the commonwealth. The office shall oversee the services that executive agencies or constituent
 agencies provide to children in the commonwealth.
SECTION 17. The first paragraph of said section 2 of said chapter 18C, as so appearing,
 is hereby amended by striking out clauses (c) to (e), inclusive, and inserting in place thereof the
 following 6 clauses:-
(c) examine, on a systemwide and individual case basis, the care and services that
 executive agencies or constituent agencies provide to children through direct services, guidance,
 oversight, contracted services and licensing functions.
(d) advise the public and those at the highest levels of state government about how the
 commonwealth may improve its services to and for children and their families;
(e) examine disproportionalities in the provision of services to children related to race,
 ethnicity, disability status, transgender status, sexual orientation or gender identity; provided,
 that the office shall use data provided by executive agencies or constituent agencies related to the
 provision of services provided by the executive agencies or constituent agencies;
(f) subject to appropriation, partner with executive agencies, constituent agencies or other
 entities if it is in the best interest of the children of the commonwealth to: (i) support programs,
 including establishing pilot programs; and (ii) expand or improve current programs; provided,
 however, that the child advocate shall not enter into any partnership that may jeopardize the
 office’s oversight functions;
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(g) provide training and technical assistance to executive agencies and constituent
 agencies to improve services to children if it is in the best interest of the children of the
 commonwealth; provided, however, that the child advocate shall not provide training or technical
 assistance that may jeopardize the office’s oversight functions;
(h) maintain a publicly available website that shall make materials available for mandated
 reporters, child-serving individuals and child-serving volunteers, including, but not limited to,
 trainings and online certification of completion of said trainings, guidance, statutory references,
 resources for individuals and families and best practices; provided, however, that such materials
 shall include information about: (i) recognizing the signs of child neglect or abuse; (ii)
 preventing, identifying and reporting child sexual abuse and problematic sexual behaviors
 between minors; (iii) the ways in which the behavioral and verbal cues for sexual abuse differ
 from those of other forms of abuse and neglect; (iv) bias and cultural considerations; (v) how to
 address concerns with families and children when concerns do not rise to the level of
 maltreatment; (vi) connecting families with needed supports and resources; (vii) how to
 understand what may qualify as neglect; and (viii) options for voluntary or mandatory reporting.;
 and
(i) create and maintain information and a list of publicly available resources for parents
 who have experienced a sudden unexplained pediatric death; provided, however, that such
 information shall include, but not be limited to, resources to obtain genetic testing, ongoing
 bereavement support, counseling and grief support
SECTION 18. Section 3 of said chapter 18C, as so appearing, is hereby amended by
 adding the following new paragraph:-
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The child advocate’s annual salary shall be 90 per cent of the salary of the chief justice of
 the supreme judicial court.
SECTION 19. Section 4 of said chapter 18C, as so appearing, is hereby amended by
 striking out the last paragraph.
SECTION 20. Subsection (a) of section 5 of said chapter 18C, as so appearing, is hereby
 amended by inserting after the first sentence the following sentence:- Notification shall include
 demographic information of the child involved in the critical incident, if known.
SECTION 21. Said section 5 of said chapter 18C, as so appearing, is hereby further
 amended by striking out, in lines 5, 8, 16, 19 and 21, the word “his”, each time it appears, and
 inserting in place thereof, in each instance, the following word:- their.
SECTION 22. Said section 5 of said chapter 18C, as so appearing, is hereby further
 amended by striking out, in lines 6 and 18, the word “he”, each time it appears, and inserting in
 place thereof, in each instance, the following word:- they.
SECTION 23. Said section 5 of said chapter 18C, as so appearing, is hereby further
 amended by striking out, in line 25, the word “his” and inserting in place thereof the following
 words:- the office’s.
SECTION 24. Said section 5 of said chapter 18C, as so appearing, is hereby further
 amended by striking out, in line 28, the word “him” and inserting in place thereof the following
 words:- the child advocate.
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SECTION 25. Said section 5 of said chapter 18C, as so appearing, is hereby further
 amended by inserting after the word “services”, in lines 43 and 44, the following words:- , access
 to support for parents of a child who have experienced a sudden unexplained pediatric death.
SECTION 26. Said section 5 of said chapter 18C, as so appearing, is hereby further
 amended by adding the following 2 subsections:-
(i) Prior to publicly releasing a final report related to an investigation where the child
 advocate makes a determination that there is a reasonable belief that an executive agency or a
 constituent agency failed in its duty to protect or adequately serve a child, the child advocate
 shall submit a copy of the final report to the governor, the attorney general, the auditor, the
 speaker of the house of representatives and the senate president.
(j) The department shall inform the child advocate as soon as practicable when a foster
 care review safety alert has been issued. The office shall review the circumstances of the foster
 care review safety alert and provide feedback to the department on individual cases and trends in
 services.
SECTION 27. Section 6 of said chapter 18C, as so appearing, is hereby amended by
 striking out, in line 1, the word “his” and inserting in place thereof the following word:- their.
SECTION 28. Section 9 of said chapter 18C, as so appearing, is hereby amended by
 striking out, in line 2, the word “his” and inserting in place thereof the following word:- their.
SECTION 29. Section 10 of said chapter 18C, as so appearing, is hereby amended by
 inserting after the figure “5”, in line 7, the following words:- , data related to the mandated
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 reporter training and website pursuant to subsection (h) of section 2, any examination of
 systemwide challenges pursuant to section 11.
SECTION 30. Said chapter 18C is hereby further amended by striking out section 11, as
 so appearing, and inserting in place thereof the following section:-
Section 11. The child advocate may examine systemwide challenges to providing
 adequate services to children. The child advocate may prioritize the examination of challenges
 that: (i) include multiple executive agencies or constituent agencies; and (ii) affect the most
 vulnerable children. Systemwide examinations shall include recommendations for improvements
 to the services provided to children by executive agencies or constituent agencies. The child
 advocate may utilize any source of information available to the office to make recommendations
 and may seek advice from individuals with expertise in relevant fields of work or study. The
 child advocate shall file a report on any examination with the governor, the clerks of the senate
 and the house of representatives, the senate and house committees on ways and means and the
 joint committee on children, families and persons with disabilities.
SECTION 31. Section 12 of said chapter 18C, as so appearing, is hereby amended by
 striking out, in line 12, the word “his”.
SECTION 32. Said section 12 of said chapter 18C, as so appearing, is hereby further
 amended by striking out, in line 21, the words “chapter 66” and inserting in place thereof the
 following words:- chapters 66 and 66A.
SECTION 33. Said section 12 of said chapter 18C, as so appearing, is hereby further
 amended by striking out, in line 23, the word “his” and inserting in place thereof the following
 word:- the.
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SECTION 34. Subsection (e) of said section 12 of said chapter 18C, as so appearing, is
 hereby amended by striking out the first sentence and inserting in place thereof the following
 sentence:- The restrictions of this section shall not preclude the child advocate from: (i) sharing
 the report of, or the results of, a critical incident investigation involving an executive agency or
 constituent agency with the governor, the attorney general, a district attorney, a secretary or
 commissioner or other agency personnel involved in the critical incident investigation, the senate
 president, the speaker of the house of representatives or the chairs of the joint committee on
 children, families and persons with disabilities; (ii) sharing information with an executive agency
 or constituent agency when the child advocate deems, in their sole discretion, that such
 information sharing is necessary for the child advocate to perform the child advocate’s duties; or
 (iii) issuing a public report when such report, in the sole discretion of the child advocate, is
 necessary for the child advocate to perform their duties.
SECTION 35. Said section 12 of chapter 18C, as so appearing, is hereby amended by
 adding the following subsection:-
(f) If the child advocate, or the office of the child advocate, elects to withhold a report or
 components of a report, it shall provide any requesting party with the reasons therefore in
 writing, which reasons shall also be recorded and available for public inspection; provided,
 however, that nothing in this subsection shall require any action by office which would
 compromise any investigation or protective measures that could be, or are being, undertaken by
 the office of the child advocate or the department of children and families.
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SECTION 36. Section 13 of said chapter 18C, as so appearing, is hereby amended by
 striking out, in lines 5 and 6, the word “his” and inserting in place thereof, in each instance, the
 following word:- their.
SECTION 37. Said chapter 18C is hereby further amended by adding the following 4
 sections:-
Section 15. The office may prepare and update from time to time online resources which
 the juvenile court may publish on its official website, including: (i) a video clearly defining a
 child requiring assistance petition, how to file such a petition, the potential outcomes of filing,
 and a brief overview of community-based resources that may be utilized before filing a petition,
 including but not limited to family resource centers and the behavioral health helpline; and (ii) a
 corresponding written overview that contains information about community-based resources.
Section 16. (a) As used in this section, the following words shall have the following
 meanings, unless the context clearly requires otherwise:
“Child”, a person under the age of 18.
“Fatality”, a death of a child.
“Local team”, a local child fatality review team established in subsection (c).
“Near fatality”, an act that, as certified by a physician, places a child in serious or critical
 condition.
“State team”, the state child fatality review team established in subsection (b).
“Team”, the state or a local team.
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(b)(1) There shall be a state child fatality review team within the office. Notwithstanding
 section 172 of chapter 6, members of the state team shall be subject to criminal offender record
 checks to be conducted by the colonel of state police on behalf of the child advocate. All
 members shall serve without compensation for their duties associated with membership on the
 state team. The state team shall include, but shall not be limited to: (i) the child advocate or a
 designee, who shall serve as co-chair; (ii) the commissioner of public health or a designee, who
 shall serve as co-chair; (iii) the chief medical examiner or a designee; (iv) the attorney general or
 a designee; (v) the commissioner of children and families or a designee; (vi) the commissioner of
 elementary and secondary education or a designee; (vii) a representative selected by the
 Massachusetts District Attorneys Association; (viii) the colonel of state police or a designee; (ix)
 the commissioner of mental health or a designee; (x) the commissioner of developmental
 services or a designee; (xi) the director of the Massachusetts Center for Unexpected Infant and
 Child Death at Boston Medical Center or a designee; (xii) the commissioner of youth services or
 a designee; (xiii) the commissioner of early education and care or a designee; (xiv) a
 representative selected by the Massachusetts chapter of the American Academy of Pediatrics
 who has experience in diagnosing or treating child abuse and neglect; (xv) a representative
 selected by the Massachusetts Health and Hospital Association, Inc.; (xvi) the president of the
 Massachusetts Chiefs of Police Association Incorporated or a designee; and (xvii) any other
 person, selected by the co-chairs or by majority vote of the members of the state team, with
 expertise or information relevant to an individual case.
(2) The purpose of the state team shall be to decrease the incidence of preventable child
 fatalities and near fatalities by: (i) developing an understanding of the causes and incidence of
 child fatalities and near fatalities; and (ii) advising the governor, the general court and the public
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 by recommending changes in law, policy and practice to prevent child fatalities and near
 fatalities. The state team may consult with the chief justice of the juvenile court department of
 the trial court on issues with a direct bearing upon the business of the courts of the
 commonwealth.
(3) To achieve its purpose, the state team shall: (i) develop model investigative and data
 collection protocols for local teams; (ii) provide information to local teams and law enforcement
 agencies for the purpose of protecting children; (iii) provide training and written materials to
 local teams to assist them in carrying out their duties; (iv) review reports from local teams; (v)
 study the incidence and causes of child fatalities and near fatalities in the commonwealth; (vi)
 analyze community, public and private agency involvement with the children and their families
 prior to and subsequent to fatalities or near fatalities; (vii) develop a protocol for the collection of
 data regarding fatalities and near fatalities and provide training to local teams on the protocol;
 (viii) develop and implement rules and procedures necessary for its own operation; and (ix)
 provide the governor, the general court and the public with annual written reports, subject to
 confidentiality restrictions, that shall include, but shall not be limited to, the state team’s findings
 and recommendations.
(c)(1) There shall be a local child fatality review team in each district established under
 section 13 of chapter 12. Notwithstanding section 172 of chapter 6, members of a local team
 shall be subject to criminal offender record checks to be conducted by the district attorney in
 each such district. All members shall serve without compensation for their duties associated with
 membership on a local team. Each local team shall include, but shall not be limited to: (i) the
 district attorney of the county, who shall serve as chair; (ii) the chief medical examiner or a
 designee; (iii) the commissioner of children and families or a designee; (iv) a pediatrician with
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 experience in diagnosing or treating child abuse and neglect, appointed by the state team; (v) a
 local police officer from a municipality where a child fatality or near fatality occurred, appointed
 by the chief of police of the municipality; (vi) a state law enforcement officer, appointed by the
 colonel of state police; (vii) the director of the Massachusetts Center for Unexpected Infant and
 Child Death located at Boston Medical Center or a designee; (viii) at least 1 representative from
 the department of public health; (ix) at least 1 representative from the office; and (x) any other
 person, selected by the co-chairs or by majority vote of the members of the state team, with
 expertise or information relevant to an individual case; provided, that such person may include,
 but shall not be limited to, a local or state law enforcement officer, a hospital representative, a
 medical specialist or subspecialist or a designee of the commissioners of developmental services,
 mental health, youth services, education and early education and care.
(2) The purpose of each local team shall be to decrease the incidence of preventable child
 fatalities and near fatalities by: (i) coordinating the collection of information on fatalities and
 near fatalities; (ii) promoting cooperation and coordination between agencies responding to
 fatalities and near fatalities and in providing services to family members; (iii) developing an
 understanding of the causes and incidence of child fatalities and near fatalities in the county; and
 (iv) advising the state team on changes in law, policy or practice that may affect child fatalities
 and near fatalities.
(3) To achieve its purpose, each local team shall: (i) review, establish and implement
 model protocols from the state team; (ii) review, subject to the approval of the local district
 attorney, all individual fatalities and near fatalities in accordance with the established protocols;
 (iii) meet periodically, not less than 2 times per calendar year, to review the status of fatality and
 near fatality cases and recommend methods of improving coordination of services between
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 member agencies; (iv) collect, maintain and provide confidential data as required by the state
 team; and (v) provide law enforcement or other agencies with information to protect children.
(4) At the request of the local district attorney, the local team shall immediately be
 provided with: (i) information and records relevant to the cause of the fatality or near fatality
 maintained by providers of medical or other care, treatment or services, including dental and
 mental health care; (ii) information and records relevant to the cause of the fatality or near
 fatality maintained by any state, county or local government agency, including, but not limited
 to, birth certificates, medical examiner investigative data, parole and probation information
 records and law enforcement data post-disposition; provided, however, that certain law
 enforcement records may be exempted by the local district attorney; (iii) information and records
 of any provider of social services, including the department, relevant to the child or the child’s
 family, that the local team deems relevant to the review; and (iv) demographic information
 relevant to the child and the child’s immediate family, including, but not limited to, address, age,
 race, gender and economic status. The district attorney may enforce this paragraph by seeking an
 order of the superior court.
(d) Any privilege or restriction on disclosure established pursuant to chapter 66A, section
 70 of chapter 111, section 11 of chapter 111B, section 18 of chapter 111E, chapter 112, chapter
 123, section 20B, 20J or 20K of chapter 233 or any other law relating to confidential
 communications shall not prohibit the disclosure of this information to the chair of the state team
 or a local team. Any information considered to be confidential pursuant to the aforementioned
 statutes may be submitted for a team’s review upon the determination of that team’s chair that
 the review of this information is necessary. The chair shall ensure that no information submitted
 for a team’s review is disseminated to parties outside the team. No member of a team shall
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 violate the confidentiality provisions set forth in the aforementioned statutes. Except as
 necessary to carry out a team’s purpose and duties, members of a team and persons attending a
 team meeting shall not disclose any information relating to the team’s business. Team meetings
 shall be closed to the public. Information and records acquired by the state team or by a local
 team pursuant to this chapter shall be confidential, exempt from disclosure under chapter 66 and
 may only be disclosed as necessary to carry out a team’s duties and purposes. Statistical
 compilations of data that do not contain any information that would permit the identification of
 any person may be disclosed to the public.
(e) Members of a team, persons attending a team meeting and persons who present
 information to a team shall not be questioned in any civil or criminal proceeding regarding
 information presented in or opinions formed as a result of a team meeting.
(f) Information, documents and records of the state team or of a local team shall not be
 subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding;
 provided, however, that information, documents and records otherwise available from any other
 source shall not be immune from subpoena, discovery or introduction into evidence through
 these sources solely because they were presented during proceedings of a team or are maintained
 by a team.
(g) Nothing in this section shall limit the powers or duties of the child advocate or district
 attorneys.
Section 17. The office shall, every 3 years, oversee the review of child welfare data
 reporting and make recommendations for improvements to the report and profile pursuant to
 subsections (a) and (b) of section 26 of chapter 18B and other reports required pursuant to
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 subsections (c), (d) and (e) of said section 26 of said chapter 18B. Following the release of the
 department’s annual report, the office shall seek input from the public, advocates and diverse
 stakeholders from across the commonwealth. The office shall consult with other individuals with
 relevant expertise, including academics, researchers and service providers. Following such
 review, the office shall post a report on the office’s website on its recommendations, together
 with drafts of any legislation necessary to carry out its recommendations and an aggregate
 response to the comments.
Section 18. (a) There shall be within the office of the child advocate a youth engagement
 program, to ensure that the voices and experiences of youth in congregate care and other
 out‑of‑home placements inform statewide policy, oversight, and program improvement.
(b) The youth engagement program shall conduct not less than 4 youth listening sessions
 annually in congregate care settings, including but not limited to group homes, residential
 schools, community‑based acute treatment programs and other placements serving children in
 the care or custody of the commonwealth. Sessions shall be facilitated in a trauma‑informed,
 developmentally appropriate manner and shall ensure confidentiality consistent with applicable
 law.
(c) The office of the child advocate shall annually compile and publish a youth
 engagement report summarizing any findings and recommendations. The report shall be
 submitted to the clerks of the senate and house, the senate and house committees on ways and
 means, the joint committee on children, families and persons with disabilities and the department
 of children and families and shall be posted publicly in accordance with section 19 of chapter 66.
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(d) The office may consult with youth‑serving agencies, including the department of
 children and families, the department of mental health, the department of youth services, the
 department of elementary and secondary education and the department of early education and
 care, to facilitate participation and ensure that youth feedback is incorporated into agency
 oversight and improvement efforts.
SECTION 38. Section 2A of chapter 38 of the General Laws is hereby repealed.
SECTION 39. Said chapter 38 is hereby further amended by adding the following
 section:-
Section 17. (a) In all cases of sudden unexpected pediatric death, the office shall provide
 the caregivers of the deceased with information from the office of the child advocate, including a
 list of publicly available services for sudden unexpected pediatric death and information about
 how to receive support from the office of the child advocate in accordance with clause (i) of the
 first paragraph of section 2 of chapter 18C. The office of the chief medical examiner shall
 provide such list to the caregivers of the deceased not more than 3 days after receipt of the
 decedent.
(b) The office, in coordination with the department of public health, shall provide, as
 close to the time of a sudden unexpected pediatric death as practicable, information provided by
 the office of the child advocate, including a list of publicly available services and information
 about accessing support from the office of the child advocate pursuant to subsection (d) of
 section 5 of chapter 18C.
SECTION 40. Chapter 71 of the General Laws is hereby amended by adding the
 following new section:-
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Section 34I. (a) Each public elementary and secondary school shall provide the education
 records of a student in the custody of the department of children and families in a timely and
 appropriate manner to a case worker or other authorized representative from the department of
 children and families upon request.
(b) Upon receipt of notification from the department of children and families, as required
 by subsection (k) of section 23 of chapter 119, that it has been determined it is not in the best
 interest of a student to remain at their school district of origin, the new school district of
 enrollment shall immediately enroll the student even if the student is unable to produce records
 normally required for enrollment, including, but not limited to: (i) proof of residency; (ii)
 academic records; (iii) individualized education programs; (iv) discipline records; (v) documents
 evidencing proof of custody; (vi) identification documents; and (vii) medical, health, and
 immunization records; provided, however, that schools may require emergency contact
 information for a student. Immediate enrollment shall not preclude the new school district from
 requiring or working to obtain outstanding records normally required for enrollment or from
 requiring records normally required for ongoing enrollment.
(c) The new school district of enrollment shall immediately request, from the school
 district of origin, the regularly required enrollment forms and a transfer of any additional
 education records of the student, including but not limited to: (i) immunization records and other
 health records possessed by the school; (ii) academic transcripts; (iii) class enrollment history,
 including any advanced or remedial courses; (iv) attendance records; (v) individualized
 education program or section 504 plan, as applicable; and (vi) disciplinary records and other
 records contained in the student’s temporary education record maintained centrally by the
 school, to the new school district of enrollment. The school district of origin shall transfer such
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 student records immediately and without the prior consent of a parent or guardian, consistent
 with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
(d) The board of elementary and secondary education shall promulgate regulations to
 implement the provisions of this section, including specific timelines for the transfer of education
 records for students in the custody of the department of children and families. When
 promulgating regulations under this section, the board shall consider the use of electronic
 repositories to facilitate the transfer of students’ educational records.
SECTION 41. Section 57 of said chapter 71, as appearing in the 2024 Official Edition, is
 hereby amended by inserting after the word “personnel”, in line 52, the following words:- and
 the children’s vision registry established in section 250 of chapter 111.
SECTION 42. Chapter 111 of the General Laws is hereby amended by inserting after
 section 249 the following section:-
Section 250. (a) The department shall establish, maintain and operate a computerized
 registry of children’s vision screening and eye care to support the early identification of vision
 and eye health conditions in children, promote referrals and follow-up care and monitor access to
 and equity in children’s vision care in the commonwealth. The registry shall collect and maintain
 information concerning children’s vision and eye health screenings, referrals, eye examinations
 and follow-up eye care, including information reported pursuant to section 57.
(b) The department, in consultation with the board of elementary and secondary
 education, shall promulgate rules and regulations to implement this section. The regulations shall
 establish: (i) the persons and entities required or permitted to report information to the registry;
 (ii) the data to be reported; (iii) the form, manner and frequency of reporting; (iv) standards for
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 security, confidentiality, user authentication and access control; (v) procedures by which an
 individual or, if the individual is a minor, the individual’s parent or guardian, may object to the
 disclosure of personally identifiable information; (vi) procedures to correct inaccurate
 information; and (vii) any other requirements necessary to implement this section.
(c) Licensed healthcare providers who administer children’s vision or eye health
 screenings, conduct children’s eye examinations or provide follow-up eye care to children and
 any other person or entity designated by the department by regulation shall report to the registry
 such information as the department determines is necessary for the purposes of this section in
 accordance with the department’s regulations.
(d) The department shall develop appropriate safeguards to protect the security of the
 registry and the privacy of information contained within the registry. Personally identifiable
 information in the registry shall not be disclosed except as provided in this section or in
 regulations promulgated pursuant to this section. Unless the individual or, if the individual is a
 minor, the individual’s parent or guardian, objects in the form and manner prescribed by the
 department, personally identifiable information may be released to: (i) licensed healthcare
 providers providing direct care to the child; (ii) school nurses and other school personnel
 responsible for screening, referral or follow-up for the child; (iii) employees or contractors of the
 department or staff of state agencies or state programs whose duties include case management,
 outreach, quality improvement or program evaluation related to children’s vision care; and (iv)
 the individual or, if the individual is a minor, the individual’s parent or guardian.
(e) Persons authorized by the commissioner may conduct research studies using
 information in the registry; provided, however, that the researcher submits a written request for
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 information and executes a data use or research agreement that protects the confidentiality of the
 information provided.
(f) Information contained in the children’s vision registry shall be confidential, shall not
 constitute a public record and shall not otherwise be disclosed, except in accordance with this
 section.
SECTION 43. Section 21 of chapter 119 of the General Laws, as appearing in the 2024
 Official Edition, is hereby amended by striking out the definition of “Child requiring assistance”
 and inserting in place thereof the following definition:-
''Child requiring assistance'', a child between the ages of 12 and 18 who is not currently in
 the custody of the department of children and families or the department of youth services who:
 (i) repeatedly runs away from the home of the child's parent, legal guardian or custodian; (ii)
 repeatedly fails to obey the lawful and reasonable commands of the child's parent, legal guardian
 or custodian, thereby interfering with their ability to adequately care for and protect the child;
 (iii) repeatedly fails to obey the lawful and reasonable regulations of the child's school; (iv) is
 habitually absent without permission; or (v) is a sexually exploited child.
SECTION 44. Said section 21 of said chapter 119, as so appearing, is hereby further
 amended by striking out the definition of “habitually truant” and inserting in place thereof the
 following definition:-
“Habitually absent without permission”, a child, not excused from attendance under the
 lawful and reasonable regulations of such child’s school, who willfully fails to attend school for
 more than 8 school days in a quarter.
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SECTION 45. Subsection (f) of section 23 of chapter 119 of the General Laws, as so
 appearing, is hereby amended by striking out the last sentence.
SECTION 46. Subsection (h) of said section 23 of said chapter 119, as so appearing, is
 hereby amended by striking out the second paragraph.
SECTION 47. Said section 23 of said chapter 119, as so appearing, is hereby further
 amended by adding the following subsection:-
(k) When a school-aged child who is in the custody of the department is placed in or
 transferred to an out-of-home placement, the department shall timely notify the school-aged
 child’s current school district of enrollment of such placement or transfer; provided further, that
 if it is determined it is not in the school-aged child’s best interest to remain at their school district
 of origin, the department shall timely notify the new school district of enrollment of the school-
 aged child’s transfer in enrollment.
SECTION 48. Said chapter 119 is hereby amended by inserting after section 23D the
 following section:-
Section 23E. (a) Each child in the custody or care of the department has the following
 rights:
(1) Safety and Security:
(i) Each child shall be treated with dignity, respect and consideration, and shall have the
 right to have their privacy respected.
(ii) Each child has the right not to be harmed by department staff, foster parents or
 service providers.
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(iii) Each child has the right not to be discriminated against or harassed by department
 staff, foster parents, the child’s attorney or service providers on the basis of religion, race, color,
 creed, gender, gender identity, gender expression, sexual orientation, national origin, age,
 disability, culture, language or ethnicity.
(iv) Each child has the right to a placement that is free from physical, psychological,
 sexual, emotional or other abuse, neglect or exploitation.
(v) Each child has the right to access personal possessions, personal space and privacy
 with allowance for safety.
(vi) Each child has the right to control the taking, use and disclosure of all pictures of
 themselves; provided, however, that the exercise of the right may be subject to limitations
 necessary to protect the wellbeing, health or safety of the child.
(vii) Each child has the right to access sufficient healthy food, clothing, personal care
 products, appropriate self-care needs for their hair and body, as well as items that preserve and
 promote the child’s religion, culture and gender identity.
(viii) Each child has the right to be placed in a safe and nurturing environment and
 receive appropriate care and treatment in the least restrictive setting available that can meet the
 child’s needs and address their trauma history.
(ix) Each child has the right not to be placed, housed or detained in a secure department
 of youth services placement based on the department’s inability to provide an available and
 appropriate foster placement. The department shall not advocate for bail of any amount for
 children in its care or custody.
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(x) Each child has the right to developmentally appropriate information about a foster
 family or program prior to being placed whenever possible and, whenever possible and
 appropriate, shall have an opportunity to meet the foster parent or program staff before
 placement occurs. If the foster placement is only able to accommodate the child for a limited
 time, the child shall be notified of the anticipated duration of the child’s stay with that foster
 placement. The child shall be informed of a placement change and any reason for the change at
 least 5 days in advance whenever possible. When a change is made in an emergency
 circumstance, the child shall be given as much notice as possible. The child’s belongings shall be
 packed with care and the child shall be allowed to bring their essential belongings and comfort
 items with them.
(2) Connections to Family, Community and Identity:
(i) Each child has the right to know, understand, learn about and develop the child’s
 racial, cultural, linguistic, gender, religious and ethnic identity, including but not limited to
 clothing, hair, other cultural expressions of identity and body care and to a placement that will
 provide or maintain the connections necessary to preserve and promote the child’s identities.
(ii) To the best of the department’s ability, each child has the right to preserve and
 maintain all languages the child entered care speaking and to reside in a placement that provides
 or facilitates appropriate language access.
(iii) Each child has the right to a placement that supports and affirms their identity,
 including on the basis of religion, race, color, creed, gender, gender identity, gender expression,
 sexual orientation, national origin, age, disability, culture, language or ethnicity.
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(iv) Each child has the right to choose whether or not and to whom to disclose
 information about their sexual orientation and gender identity, and the right to have that
 information not further disclosed without their consent, unless required to protect the child’s
 health and safety, or where compelled by law or court order.
(v) Each child has the right to timely permanency which includes stabilization of family,
 reunification, adoption, guardianship, care with kin or another planned permanent living
 arrangement.
(vi) Each child has the right to a placement identified and located through due diligence
 that prioritizes the child’s relatives and kinship, using full and fair consideration, as potential
 placement providers, when the child cannot remain safely at home with their parent or parents.
(vii) Each child has the right to frequent and meaningful contact with the child’s siblings
 or half-siblings, facilitated by the department pursuant to section 26B of chapter 119. The
 department shall prioritize placement with the child’s siblings or half-siblings in all settings and
 permanency plans, including but not limited to foster care, congregate care, and adoption, unless
 the joint placement is contrary to the safety, well-being, or permanency of any of the siblings.
(viii) Each child has the right to family time of a duration and frequency and in a setting
 that (A) is consistent with the developmental or clinical needs of the child and (B) promotes and
 preserves their connections with their family. Family time shall take place in person and outside
 of a department office whenever possible.
(ix) Each child has the right to other forms of parental contact, including but not limited
 to mail, phone calls, videoconferences, email and texts if they have their own phone and if not
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 harmful to the safety or well-being of the child. All placements shall facilitate access to virtual
 forms of contact if safe and appropriate.
(x) Each child has the right to assistance to maintain positive contact with other family
 members and significant other positive relationships in the child’s life, including but not limited
 to extended family, family friends, teachers, friends and community individuals.
(xi) Each child has the right to be treated as a family member in a foster family and,
 whenever possible, be included in a foster family’s activities, holidays and traditions while
 taking into consideration factors that include but are not limited to the child’s age and trauma
 history. Each child shall have the opportunity to be included in the daily activities of the family
 and to maintain the most normal daily routine and environment as possible. If choosing not to
 take part, each child or young adult shall have the opportunity to discuss their reasons with the
 social worker and foster family.
(3) Health Care and Accessibility:
(i) Each child has the right to access appropriate, timely and gender-affirming medical,
 reproductive, dental, vision, mental and behavioral health services regularly and more often as
 needed.
(ii) Each child has the right to discuss any questions or concerns the child has relating to
 medication or other physical, mental or behavioral health treatment with a healthcare provider
 and to understand the medications or treatment provided, its purposes and side effects in a
 developmentally appropriate way.
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(iii) Each child has the right to out-of-home placements with reasonable accommodations
 for any disabilities the child may have, consistent with state and federal law. Reasonable
 accommodations shall be provided in a timely manner and in such a way as to protect the privacy
 of the child. Each child also has a right to discuss any disabilities with the department and
 request adaptive equipment, auxiliary aids or services.
(4) Education, Employment and Social Connections:
(i) Each child has the right to attend school regularly, to educational stability, to
 educational supports and to an education that meets their needs under federal and state law.
(ii) Each child has the right for the department to prioritize school stability by
1000   maintaining the child at their school of origin unless it is found, in a Best Interest Determination
1001   meeting pursuant to federal law, not to be in their best interest to do so.
1002  (iii) Each child has the right to participate in developmentally appropriate school,
1003   extracurricular, enrichment, religious, cultural, linguistic, ethnic and social activities and to have
1004   any placement provider use the reasonable and prudent parenting standard when making
1005   decisions regarding participation in such activities.
1006  (iv) Each child has the right to achieve developmentally and religiously appropriate, age-
1007   related milestones, including but not limited to obtaining a driver’s license, opening bank
1008   accounts, birthday celebrations, religious ceremonies or graduations.
1009  (v) Each child has the right to be informed of and supported in accessing all available
1010   services through the department, including but not limited to educational, vocational and
1011   employment services, assistance in acquiring life skills, educational assistance including but not
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1012   limited to tuition and fee waivers for post-secondary education, financial support, housing
1013   support, assistance with credit reports and resolving inaccuracies, training and career guidance to
1014   accomplish personal goals and prepare for the future, employment supports available to children
1015   in care and adaptive equipment or auxiliary aids and supports.
1016  (vi) Each child has the right to developmentally appropriate education on financial
1017   preparedness, job readiness, appropriate use of social media, education options, healthy
1018   relationships, physical, mental, sexual and reproductive health.
1019  (5) Resources and Supports:
1020  (i) Each child has the right to reasonable access to a social worker who can make action
1021   plan decisions. Each child shall have opportunities for the child to have private conversations
1022   with a social worker regarding any questions, grievances or concerns. Reasonable access shall
1023   include providing the child with the department’s social worker and supervisor’s office telephone
1024   numbers and email addresses as well as, at a minimum, monthly visits by the department. The
1025   department shall also provide the child an emergency contact number for the department during
1026   non-business hours for emergency and safety issues.
1027  (ii) Each child has the right to participate as developmentally appropriate in the
1028   development and review of the action plans and family time and visitation plans, their
1029   individualized education program and best interest determination and shall be consulted as the
1030   department formulates or updates said items. Children aged 14 and older shall also be presented
1031   with the action or service plan for their review, written feedback and signature.
1032  (iii) Each child has the right to be informed, in a developmentally appropriate way, of the
1033   meaning of all documents that they are asked to sign by the department or its agents, contractors
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1034   or providers including the voluntary agreement for placement and documents of similar
1035   importance. A child shall have their attorney present whenever asked to sign any documents by
1036   the department or its agents, contractors or providers, or the document shall be provided in a
1037   timely fashion to the child’s attorney to give an opportunity for review in advance of presenting
1038   it for signature.
1039  (iv) Each child has the right to be informed in a developmentally appropriate way of the
1040   reasons the department became involved with the child’s family, why the child came into care
1041   and why the child is still in care. The department shall offer support through the review process
1042   to address any possible trauma caused by a child’s access to their case files. Upon turning 18, the
1043   young adult shall have the right to access their individual information from their case files,
1044   barring any state or federal law that would prohibit the department from allowing the release of
1045   information.
1046  (v) Each child aged 14 or older has the right to be included in foster care review
1047   meetings, permanency hearings and lead agency team meetings except for those parts that
1048   involve information that is confidential regarding their parents or a previous or future adoptive,
1049   kinship or foster parent under federal or state law, and unless documented by court order that
1050   participation would be detrimental to the child. The department shall provide the child the ability
1051   to offer confidential input to the department before a final decision is made with respect to
1052   determining or changing placement or permanency. If the child is unable to attend in person, by
1053   phone or video, the child shall have the right to submit a written statement to be considered at the
1054   meeting or hearing.
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1055  (vi) Each child and young adult has the right to adequate notice of all court hearings by
1056   their attorney. To the extent possible, the notice shall include the date, time and location of the
1057   hearing. If developmentally appropriate, the child’s social worker and the child’s attorney shall
1058   inform them of actions or decisions made by the court. In a developmentally appropriate manner,
1059   the child’s attorney shall ensure the child understands the child’s right to attend their annual
1060   permanency hearings and speak to the judge regarding any decision that may have an impact on
1061   the child’s life.
1062  (vii) Each child and young adult has the right to access their medical, dental and
1063   educational records held by the department as well as their personal documents, including but
1064   not limited to social security card, birth certificate, health insurance information, state
1065   identification card, driver’s license, passport and documentation related to their immigration
1066   status, including work authorization, in a developmentally appropriate way. When a child or
1067   young adult leaves the care of the department, they shall be given copies of medical, dental and
1068   educational records held by the department and original copies of all personal documents. The
1069   department shall further provide contact information for providers who are currently providing
1070   care for the young adult. The department shall begin planning to return the documents to the
1071   child at least 30 days before the young adult leaves care.
1072  (viii) Each child and young adult has the right to change their name and the right to
1073   change their gender marker on official documents with assistance from the child or young adult’s
1074   attorney and the department, and to have all relevant legal documents updated accordingly.
1075  (ix) Each eligible child and young adult has the right to obtain a state identification card
1076   with the department’s assistance.
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1077  (x) Each child and young adult has the right to an attorney pursuant to section 29 of
1078   chapter 119 and to meaningful contact with said attorney, including at foster care reviews. Each
1079   child shall be informed, when appropriate, of the name and phone numbers of the assigned
1080   attorney. Each child, child’s parent, and foster parent shall be informed, when appropriate, that
1081   the child can contact the child’s attorney, and of the processes to file a complaint regarding the
1082   child’s attorney and to request a change of attorney for the child.
1083  (xi) Each child, and their attorney, has the right to be informed if the department applies
1084   for any benefits on behalf of the child, including but not limited to benefits under Title XVI of
1085   the Social Security Act, also referred to as supplemental security income; benefits under Title II
1086   of the Social Security Act, also referred to as retirement, survivors or disability benefits, and if
1087   the department applies to be the representative payee for such benefits. The department shall
1088   preserve all of such funds received in an interest-bearing account belonging to the child so the
1089   funds are available for the child’s benefit and use while they are in care, and the child’s use when
1090   they turn 18. The department shall not use such funds for the customary costs of foster care, nor
1091   shall it use such funds to pay the costs of items which would ordinarily be funded by another
1092   source. If necessary, the department shall preserve said funds in an achieving a better life
1093   experience account authorized by 26 U.S.C. § 529A, or another trust account for the child
1094   determined not to interfere with supplemental security income or asset limitations for any other
1095   benefit program.
1096  (6) Transition Age Youth:
1097  (i) Each child and young adult, age 14 or older, has the right to collaborate with the
1098   department to plan their transition from foster care to adulthood. Transition planning should
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1099   cover all areas needed for a youth to be stable and successful as an adult, including but not
1100   limited to, planning for visits or contact with parents and siblings; building relationships with
1101   other caring adults, particularly with life-long connections; making an education plan including
1102   post-secondary education; finding vocational, employment and career counseling and placement;
1103   securing stable housing; developing expertise in daily living skills; maintaining physical,
1104   reproductive and mental health care and health insurance; learning how to access community
1105   resources and public benefits and services; connecting with other state agencies; developing
1106   financial skills including, but not limited to, understanding budgeting and money management as
1107   well as checking and savings accounts; and receiving, understanding and correcting, if
1108   applicable, the child’s consumer credit report.
1109  (ii) Each young adult who turns 18 while in the custody of the department, has the right
1110   to continue under the responsibility of the department and receive young adult services until
1111   turning 22 years of age, pursuant to federal and state requirements, unless completing an
1112   educational program until age 23. Each young adult has the right to be offered a voluntary
1113   placement agreement by the department in the month prior to their turning 18 years old. The
1114   voluntary placement agreement shall be developed together with the child or young adult during
1115   permanency and transition planning. Each child or young adult has the right to be made aware of
1116   this right and any federal requirements governing services for transition age youth throughout the
1117   transition planning process.
1118  (iii) Each child has the right to a timely transition plan prior to turning 18 years old,
1119   crafted by the department at the direction of the transition age youth, regardless of whether they
1120   will continue under the responsibility of the department upon turning 18, that includes
1121   personalized, detailed, tangible, available and clear options for resources for meeting their basic
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1122   needs including, but not limited to, housing, education and vocational supports which fulfill the
1123   requirements of 42 U.S.C. § 675(5)(H), as amended.
1124  (iv) Each young adult who has chosen to remain under the responsibility of the
1125   department has the right to engage and re-engage with the department under a voluntary
1126   placement agreement at any time for any reason.
1127  (v) Each young adult who has chosen to remain under the responsibility of the
1128   department, who is leaving care at age 18 or who is re-entering care has the right to be housed
1129   and provided information about and assistance with securing all department-identified,
1130   appropriate housing opportunities.
1131  (7) Remedies.
1132  (i) Each child has the right to have these rights enforced. The department shall not
1133   retaliate against or punish a child for asserting their rights. Nothing in this section shall be
1134   construed to diminish the rights, privileges or remedies of any person under any other federal or
1135   state law.
1136  (ii) Each child has the right to department-provided contact information for the
1137   ombudsperson and the office of the child advocate when they enter the care and custody of the
1138   department and upon request. If it is developmentally inappropriate to provide the child with
1139   such information, a child’s attorney shall be provided with this contact information.
1140  (iii) Each child has the right, if the child and the child’s attorney, believes any of the
1141   above rights have been violated, to discuss the alleged violation with the department’s
1142   ombudsman, file a grievance with the department or file a complaint with the office of the child
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1143   advocate. The department shall not retaliate against or punish a child, a child’s parent, an
1144   attorney, a social worker, a foster parent or placement provider for asserting this right. If the
1145   department or the office of the child advocate determines the child’s rights have been violated,
1146   the department shall resolve the violation as soon as practicable and make corrections so that the
1147   violation does not reoccur.
1148  (b) The rights enumerated in subsection (a) shall be obligations of the department. The
1149   department shall amend any regulations or policies that may conflict with this section in a timely
1150   fashion.
1151  (c) The rights enumerated in subsection (a) are not an exhaustive list of rights to which
1152   children under the custody, care or responsibility of the department are entitled and should not be
1153   read to limit the rights of children, or the responsibilities of the department, in any way.
1154  (d) The department shall create, in consultation with community members and young
1155   people with lived experience in the child welfare system, a simple and plain language version of
1156   these rights as enumerated in subsection (a) so that they are accessible and easily understood by
1157   children and young adults in the department’s care. The department shall present the document
1158   to each child in its care, or when developmentally appropriate to the child’s attorney, the parents
1159   of each child in its care and the foster parent or placement provider of each child in its care. The
1160   department and the child’s attorney shall explain these rights to the child in a developmentally
1161   appropriate way when the child enters the department’s care. The department shall ensure the
1162   document is translated into the preferred language of the child or young adult in care, the child’s
1163   parents and the foster parents. The document shall be posted in all congregate care facilities in a
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1164   public space where all residents have access, prominently on the department’s website and in all
1165   area offices.
1166  SECTION 49. Said chapter 119 is hereby further amended by inserting after section 29D
1167   the following section:-
1168  Section 29E. (a) Not later than 5 business days after a non-emergency change in the
1169   placement of a child or a young adult or after any non-emergency hospitalization, the department
1170   shall provide notice of the change in placement or hospitalization to counsel for the child or
1171   young adult appointed pursuant to section 29.
1172  (b) Not later than 5 business days after an emergency change in a child’s or a young
1173   adult’s placement or after an emergency hospitalization, the department shall provide notice of
1174   the change in placement or hospitalization to counsel for the child or the young adult appointed
1175   pursuant to section 29.
1176  (c) Not later than 3 business days after receipt of a report under section 51A, the
1177   department shall provide notice to a child’s counsel if it receives a report under said section 51A
1178   and the child is the subject of the report.
1179  (d) The department shall provide notice to a child’s or young adult’s counsel within 3
1180   business days whenever the department becomes aware of: (i) the child or young adult being
1181   arrested; (ii) the child’s or young adult’s involvement in any proceeding under this chapter or
1182   any criminal investigation or proceeding; (iii) the child or young adult being suspended or
1183   expelled from school; or (iv) the child or young adult being the subject of any proceeding
1184   regarding their suspension or expulsion from school.
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1185  (e) The department’s attorney portal shall provide timely automated notifications for all
1186   events described in this section to counsel appointed pursuant to section 29.
1187  SECTION 50. Said chapter 119 is hereby further amended by striking out section 39E, as
1188   appearing in the 2024 Official Edition, and inserting in place thereof the following section:-
1189  Section 39E. (a) Any division of the juvenile court department may receive and hear
1190   requests for assistance stating that there is a child requiring assistance or a family requiring
1191   assistance as defined in section 21, pursuant to this section or sections 39F to 39I, inclusive.
1192   Proceedings pursuant to this section and said sections 39F to 39I, inclusive, shall not be deemed
1193   criminal proceedings and any record of such proceedings, including the filing of an application
1194   for assistance and creation of a docket, shall not be entered in the criminal offender record
1195   information system. Notwithstanding any general or special law to the contrary, no record
1196   pertaining to the child involved in the proceedings shall be maintained or remain active after the
1197   application for assistance has been dismissed; provided, however, that nothing herein shall be
1198   construed to prohibit the maintenance or reporting of information after records pertaining to the
1199   matter have been expunged, provided that the information is kept in a manner that does not
1200   enable identification of the child or petitioner and is used solely for statistical or bona fide
1201   research purposes. The identity and record of any child for whom an application for assistance is
1202   filed shall not be submitted to the department of criminal justice information services, criminal
1203   offender record information system, court activity record index or any other criminal record
1204   information system. Proceedings under this section and sections 39F to 39I, inclusive, shall be
1205   confidential and not open to the public. Subject matter jurisdiction of the Boston juvenile court
1206   under this section shall extend to the territorial limits of Suffolk county.
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1207  (b) A parent, legal guardian, or custodian of a child having custody of such child, may
1208   initiate an application for assistance in any of the juvenile courts stating that said child repeatedly
1209   runs away from the home of said parent or guardian or repeatedly refuses to obey the lawful and
1210   reasonable commands of said parent, guardian or custodian resulting in said parent, guardian or
1211   custodian’s inability to adequately care for and protect said child. The application shall state
1212   whether the child or the child’s family has visited or received services from a family resource
1213   center within 180 days of submitting the application. Before scheduling a hearing on an
1214   application for assistance, the clerk shall provide to the petitioner: (i) informational materials
1215   prepared by the court that: (A) explain the court process; (B) include the types of orders that the
1216   court may issue and the possibility of changes in the custody of the child; (C) include an
1217   explanation of the services that may be available through the court process, including language
1218   translation services and reasonable accommodations, and the manner in which those services
1219   may be delivered; and (ii) informational materials developed by the child advocate under section
1220   15 of chapter 18C. If the child or the child’s family indicates on the application that they have
1221   not visited or received services from a family resource center within the last 180 days, the clerk
1222   shall refer the child and the child’s family to a family resource center before scheduling a hearing
1223   on the application. If the petitioner has visited or received services from a family resource center
1224   within the last 180 days and decides to proceed after receiving the required informational
1225   materials, the clerk shall set a hearing date forthwith, but not later than 15 days after the request
1226   is presented to the clerk for filing, to determine whether assistance is needed, and shall notify the
1227   child of such hearing.
1228  (c) A school district may initiate an application for assistance stating that a child is not
1229   excused from attendance in accordance with the lawful and reasonable regulations of such child's
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1230   school, has willfully failed to attend school for more than 8 school days in a quarter or repeatedly
1231   fails to obey the lawful and reasonable regulations of the child’s school. The application for
1232   assistance shall set forth: (i) whether and when the child and the child's caregivers have been
1233   referred to a family resource center; (ii) the specific steps taken by the school district to support
1234   the child’s attendance, if applicable; (iii) the specific court intervention that the school district is
1235   seeking to support the child in returning to school or improving the child’s conduct; and (iv) if
1236   the application for assistance states that a child has repeatedly failed to obey the lawful and
1237   reasonable regulations of the school and a statement of the specific steps taken by the school to
1238   attempt to improve the child’s conduct. An application that indicates that the school district has
1239   not made the caregiver referral to a family resource center required under subsection (f) of
1240   section 16U of chapter 6A shall not be scheduled for a hearing The school district shall not
1241   initiate an application for assistance to address matters that fall within the school’s legal
1242   responsibility under federal and state law including, but not limited to, the creation or
1243   amendment of an individualized education program, decisions regarding the educational
1244   placement of a student pursuant to an individualized education program or the creation or
1245   amendment of a section 504 plan to provide the student with accommodations that allow the
1246   student to have equal access to education.
1247  Before an application for assistance initiated by a school district is scheduled for a
1248   hearing, a probation officer shall consult with the family resource center to which the child and
1249   the child’s family was referred. Staff at a family resource center shall be authorized to report to a
1250   probation officer if the child has met with a case manager pursuant to subsection (c) of section
1251   16U of chapter 6A. The family resource center shall, in writing, indicate to the probation officer
1252   whether, in its opinion, it believes the child and the child’s family have exhausted all relevant
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1253   community-based service options that are reasonably available to them. The family resource
1254   center shall report in writing if the child’s family has failed to contact the family resource center
1255   following referral or if the family has declined to engage with offered services. Any other
1256   information about the child or family shall be kept confidential as required by section 16U of
1257   chapter 6A. If the family resource center indicates to the probation officer that community-based
1258   options reasonably available to the family have not been exhausted, that the family has engaged
1259   with the family resource center and with offered services and the supports requested in the filing
1260   can be obtained from the family resource center or through a community-based service provider
1261   or state agency to which the family resource center is able to connect the child and the child’s
1262   family, the application for assistance shall be dismissed. The probation officer may refer the
1263   child to an appropriate public or private organization or person for psychiatric, psychological,
1264   educational, occupational, medical, dental, social or substance use treatment services.
1265  If the family resource center indicates that the family has not engaged with the family
1266   resource center or with offered services or that all community-based service options relevant to
1267   the child’s needs and reasonably accessible to the petitioner have been exhausted, and the
1268   petitioner decides to proceed, the clerk shall set a date for a hearing forthwith, but not later than
1269   15 days after the request is presented to the clerk for filing, to determine whether assistance is
1270   needed, and shall notify the child of such hearing.
1271  (d) With respect to applications for assistance initiated pursuant to subsections (b) or (c)
1272   and for which the clerk has scheduled a hearing, the court shall hold a hearing in which it shall
1273   receive the recommendation of the probation officer and shall either: (i) decline to accept the
1274   application for assistance because there is no probable cause to believe that the child and the
1275   child’s family are in need of assistance; (ii) decline to accept the application for assistance
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1276   because it finds that the interests of the child would best be served by informal assistance, in
1277   which case the court shall, with the consent of the child and the child’s parents or guardian, refer
1278   the child to a probation officer for assistance; or (iii) accept the application for assistance and
1279   schedule a fact-finding hearing. If the child is brought in on custodial protection, the court shall
1280   accept an application for assistance unless one has already been filed, and the court shall
1281   immediately request the probation officer promptly to make like inquiry and thereafter report to
1282   the court the probation officer’s recommendation as to whether the interests of the child can best
1283   be served through referral to community-based services or informal assistance without a fact-
1284   finding hearing. Upon receiving such recommendation, the court may hold a hearing and shall
1285   decide whether to proceed with a fact-finding hearing or to refer the child to the care of a
1286   probation officer for assistance.
1287  When an application for assistance is dismissed under this section, the court shall enter an
1288   order directing expungement of any records of the request and related proceedings maintained by
1289   the clerk, the court, the department of criminal justice information services, the court activity
1290   record index and the probation department that directly pertain to the application for assistance.
1291   Nothing herein shall be construed to prohibit the maintenance or reporting of information
1292   relating to any petition filed under this section and sections 39F to 39I, inclusive, after records
1293   pertaining to the matter have been expunged, provided that the information is kept in a manner
1294   that does not enable identification of the child or petitioner and is used solely for statistical or
1295   bona fide research purposes.
1296  Whenever a child is referred to a probation officer for assistance, such officer may
1297   conduct conferences with the child and the child’s family to effect adjustments or agreements
1298   which are calculated to resolve the situation which formed the basis of the application for
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1299   assistance and which will eliminate the need for a fact-finding hearing. During the pendency of
1300   such referrals or conferences, neither the child nor the child’s parents shall be compelled to
1301   appear at any conferences, produce any papers or visit any place; provided, however, that if the
1302   child or the child’s parents fail to participate in good faith in the referrals or conferences
1303   arranged by the probation officer, the probation officer shall so certify in writing, and the clerk
1304   shall accept the application for assistance if one has not already been accepted and shall set a
1305   date for a fact-finding hearing. The judge who conducted the hearing on the acceptance of the
1306   application for assistance shall not preside at any subsequent hearing. Conferences and referrals
1307   arranged under this section may extend for a period not to exceed 90 days from the date that the
1308   application for assistance was initially filed, unless the parent and child voluntarily agree in
1309   writing to a continuation of such conferences or referrals for an additional period not to exceed
1310   90 days from the expiration of the initial period. Upon the expiration of the initial 90-day period,
1311   or of such additional 90-day period, the application for assistance, if any, shall be dismissed and
1312   the child and the child’s parents discharged from any further obligation to participate in such
1313   conferences and referrals, or an application for assistance shall, if not already accepted, be
1314   accepted and a date set for a fact-finding hearing. No statements made by a child or by any other
1315   person during the period of inquiries, conferences or referrals may be used against the child at
1316   any subsequent hearing to determine that the child requires assistance, but such statements may
1317   be received by the court after the fact-finding hearing for the purpose of disposition.
1318  The commissioner of probation shall establish a system to collect data on all requests for
1319   assistance made and how they are resolved under this section and sections 39F to 39I, inclusive.
1320   Such system shall maintain the privacy of clients served, assist the court in identifying and
1321   addressing the needs of the population to be served and collect information related to: (i)
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1322   demographics of the child, including but not limited to the racial and ethnic identity of the child,
1323   age, primary language, disability status and gender; (ii) the insurance status and coverage of
1324   clients served; (iii) whether the child had received support from a family resource center
1325   pursuant to section 16U of chapter 6A or another community-based organization prior to filing,
1326   the supports requested as detailed in the application, the needs identified by the probation officer,
1327   the length of time a child has been receiving assistance from a probation officer, including the
1328   time prior to and subsequent to the filing of an application for assistance; (iv) whether a school-
1329   initiated filing involves a need for services or placement decisions that fall within the legal
1330   responsibility of the school district under federal or state law; (v) the identity of any public or
1331   private organization to whom a probation officer has referred a child or family for services; and
1332   (vi) any other information that may assist the commissioner and the court in evaluating the
1333   availability and effectiveness of services for children who are the subjects of requests for
1334   assistance under this section. The probation officer shall gather information concerning each
1335   child and family referred to the officer including, but not limited to, (A) insurance status and
1336   coverage; (B) the child’s school district; (C) whether the child or family received support from a
1337   family resource center pursuant to said section 16U of said chapter 6A; (D) the supports
1338   requested as detailed in the child requiring assistance application; (E) the needs identified by the
1339   probation officer; and (F) other information that may assist the commissioner of probation and
1340   the court in evaluating the availability and effectiveness of services for children who are the
1341   subjects of requests for assistance under this section.
1342  Upon the filing of an application for assistance under this section, the court may issue a
1343   summons, to which a copy of the application for assistance shall be attached, requiring the child
1344   named in such application to appear before the court at the time set forth in the summons. If such
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1345   child fails to obey the summons, the court may issue a warrant reciting the substance of the
1346   petition and requiring the officer to whom it is directed forthwith to take and bring such child
1347   before the court. Notice of the hearing shall be given to the department of children and families.
1348  If the court summons a child to appear, the court shall in addition issue a summons to
1349   both parents of the child, if both parents are known to reside in the commonwealth, or to 1 parent
1350   if only 1 is known to reside within the commonwealth, or, if there is no parent residing in the
1351   commonwealth, then to the parent having custody or to the lawful guardian of such child. The
1352   summons shall require the person served to appear at a time and place stated therein at a hearing
1353   to determine whether or not the child is in need of assistance.
1354  Unless service of the summons required by this section is waived in writing, such
1355   summons shall be served by the constable or police officer, either by delivering it personally to
1356   the person to whom addressed, or by leaving it with a person of proper age to receive the same,
1357   at the place of residence or business of such person, and said constable or police officer shall
1358   immediately make return to the court of the time and manner of service.
1359  SECTION 51. Said chapter 119 is hereby further amended by striking out section 39G, as
1360   so appearing, and inserting in place thereof the following section:-
1361  Section 39G. At a hearing to determine whether a child and family require assistance, the
1362   child and the child’s attorney shall be present and the parents, legal guardian or custodian shall
1363   be given an opportunity to be heard. The petitioner and any party may file a motion to dismiss
1364   the request for assistance at any time prior to a hearing to determine the disposition of a request
1365   for assistance. Upon a filing of a motion to dismiss, the judge shall order that the request for
1366   assistance be dismissed upon a showing that the dismissal is in the best interests of the child or if
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1367   all parties agree to the dismissal. A probation officer may at any time recommend to the court
1368   that the request for assistance be dismissed upon a showing that dismissal is in the best interests
1369   of the child.
1370  Upon a finding that a child requires assistance after a fact-finding hearing, the court shall
1371   convene and may participate in a conference of the probation officer who conducted the
1372   preliminary inquiry, a representative from a family resource center or other community-based
1373   services program, if involved with the family, the petitioner, a representative from the child’s
1374   school, the child’s parent, legal guardian or custodian, the child and the child’s attorney, a
1375   representative of the department of children and families, if involved with the family, and any
1376   other person who may be helpful in determining the most effective assistance available to be
1377   offered to the child and family, including representatives from MassHealth, the juvenile court
1378   clinic and other state entities depending on the supports requested. The probation officer shall
1379   present written recommendations and other persons at the conference may present written
1380   recommendations to the court to advise the court on appropriate treatment and services for the
1381   child and family, appropriate placement of the child, and appropriate conditions and limitations
1382   on any such placement.
1383  At the conference and subsequent hearing on disposition, the child and the child’s
1384   attorney shall be present and the parents, legal guardian or custodian, and the child and petitioner
1385   shall be given an opportunity to be heard. The court may receive evidence as to the best
1386   disposition of the petition from all persons who participate in the conference and any other
1387   person who may be helpful in determining an appropriate disposition. The department of
1388   children and families shall be provided with advance notice of the hearing and an opportunity to
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1389   participate prior to the court recommending placement of the child in the department’s custody
1390   pursuant to clause (iii) of the following paragraph.
1391  If the court finds the statements in the application for assistance have been proved at the
1392   hearing, it may determine the child to be in need of assistance. Upon making such determination,
1393   the court, taking into consideration the physical and emotional welfare of the child, may make
1394   any of the following orders of disposition:
1395  (i) subject to any conditions and limitations the court may prescribe, including provision
1396   for medical, psychological, psychiatric, educational, occupational and social services, and for
1397   supervision by a court clinic or by any public or private organization providing counseling or
1398   guidance services, permit the child to remain with their parents, legal guardian or custodian;
1399  (ii) subject to such conditions and limitations as the court may prescribe, including, but
1400   not limited to provisions for those services described in clause (i), place the child in the care of a
1401   relative or other adult individual who, after inquiry by the probation officer or other person or
1402   agency designated by the court, is found to be qualified to receive and care for the child;
1403  (iii) subject to the provisions of sections 32 and 33 and with such conditions and
1404   limitations as the court may recommend, place the child in the custody of the department of
1405   children and families; provided, however, that at the same time, the court shall consider the
1406   provisions of section 29C and shall make the written certification and determinations required by
1407   said section 29C; provided further, that the department shall give due consideration to the
1408   recommendations of the court; provided further, that the department may not refuse out-of-home
1409   placement of a child if the placement is recommended by the court, provided that the court has
1410   made the written certification and determinations required by said section 29C and has provided
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1411   the department advance notice and an opportunity to participate in the hearing; provided further,
1412   that the department shall direct the type and length of such out-of-home placement; and provided
1413   further, that the department shall give due consideration to the requests of the child that the child
1414   be placed outside the home of a parent or guardian where there is a history of abuse and neglect
1415   in the home by the parent or guardian.
1416  If the family or child is directed by the court to participate in treatment or services which
1417   are eligible for coverage by an insurance plan or other third-party payer, payment for such
1418   services shall not be denied if the treatment or services otherwise meet the criteria for coverage.
1419  A child who is the subject of an application for assistance shall not be confined in
1420   shackles or similar restraints or in a court lockup facility in connection with any proceedings
1421   under sections 39E to 39I, inclusive. A child who is the subject of an application for assistance
1422   shall not be placed in a locked facility or any facility designated or operated for juveniles who
1423   are alleged to be delinquent or who have been adjudicated delinquent; provided, however, that
1424   such child may be placed in a facility which operates as a group home to provide therapeutic care
1425   for juveniles, notwithstanding that juveniles adjudicated delinquent are also provided care in
1426   such facility.
1427  Any order of disposition pursuant to this section shall continue in force for not more than
1428   120 days; provided, however, that the court which entered the order may, after a hearing, extend
1429   its duration for up to 3 additional 90-day periods, if the court finds that the purposes of the order
1430   have not been accomplished and that any such extension would be reasonably likely to further
1431   those purposes.
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1432  No order shall continue in effect after the eighteenth birthday of a child named in an
1433   application for assistance authorized to be filed by a parent, a legal guardian or custodian or a
1434   police officer or after the sixteenth birthday of a child named in a petition authorized to be filed
1435   by a school district.
1436  SECTION 52. Section 39½ of said chapter 119, as so appearing, is hereby amended by
1437   striking out the last paragraph.
1438  SECTION 53. Section 51D of said chapter 119, as so appearing, is hereby amended by
1439   striking out the last paragraph.
1440  SECTION 54. Section 51E of said chapter 119, as so appearing, is hereby amended by
1441   striking out, in line 2, the figure “51D” and inserting in place thereof the following figure:- 51C.
1442  SECTION 55. Chapter 209A of the General Laws is hereby amended by inserting after
1443   section 9 the following section:-
1444  Section 9A. Any on-behalf-of order shall remain in effect after the minor reaches the age
1445   of majority unless otherwise ordered by the court. Upon the minor reaching the age of majority,
1446   the former minor may appear at court on the date and time the order is to expire, and the court
1447   shall determine whether to extend the order for any additional time reasonably necessary to
1448   protect them or to enter a permanent order.
1449  SECTION 56. Section 25 of chapter 209C of the General Laws, as appearing in the 2024
1450   Official Edition, is hereby amended by striking out subsection (d) and inserting in place thereof
1451   the following subsection:-
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1452  (d) Proceedings commenced under this section in the probate and family court shall be
1453   governed by the Massachusetts Rules of Domestic Relations Procedure. Proceedings commenced
1454   under this section in the juvenile court shall be governed by the Massachusetts Juvenile Court
1455   Rules for the Care and Protection of Children.
1456  SECTION 57. Section 5E of chapter 210 of the General Laws is hereby repealed.
1457  SECTION 58. Chapter 258E of the General Laws is hereby amended by inserting after
1458   section 11 the following section:-
1459  Section 11A. Any on-behalf-of order shall remain in effect after the minor reaches the
1460   age of majority unless otherwise ordered by the court. Upon the minor reaching the age of
1461   majority, the former minor may appear at court on the date and time the order is to expire, and
1462   the court shall determine whether to: (i) extend the order for any additional time that the court
1463   deems reasonably necessary to protect such person; or (ii) enter a permanent order.
1464  SECTION 59. Sections 2, 43, 44, 49, 50 and 51 shall take effect 1 year after the effective
1465   date of this act.
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Sponsors

No sponsor on file for S 3121.

History

S 3121 has taken 2 actions since Jun 11, 2026.

ChamberAction
Jun 11, 2026
Senate
Text of S3111, reprinted as amended
Jun 11, 2026
Senate
See H4646

Votes

S 3121 has not gone to a roll call.

Source: malegislature.gov · legiscan.com