H 5629

HOUSE . . . . . . . . . . . . . . No. 5629
  The Commonwealth of Massachusetts
  _______________
 The committee of conference on the disagreeing votes of the two branches with reference
to the Senate amendment (striking out all after the enacting clause and inserting in place thereof
the text contained in Senate document numbered 3121) of the House Bill enhancing child
welfare protections (House, No. 4646), reports recommending passage of the accompanying bill
(House, No. 5629). July 30, 2026.
  Jay D. Livingstone  Joanne M. Comerford
  Judith A. Garcia  Robyn K. Kennedy
 Alyson M. Sullivan-Almeida  Patrick M. O’Connor
  FILED ON: 7/30/2026
      HOUSE . . . . . . . . . . . . . . . No. 5629
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
     An Act enhancing child welfare protections.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
     of the same, as follows:
1SECTION 1. Section 172 of chapter 6 of the General Laws, as appearing in the 2024
2 Official Edition, is hereby amended by striking out, in line 133, the words “2A of chapter 38”
3 and inserting in place thereof the following words:- 17 of chapter 18C.
4SECTION 2. Section 16U of chapter 6A of the General Laws, as so appearing, is hereby
5 amended by striking out subsections (a) to (e), inclusive, and inserting in place thereof the
6 following subsections:-
7(a) As used in this section, the following words shall, unless the context clearly requires
8 otherwise, have the following meanings:
9“Child requiring assistance”, as defined in section 21 of chapter 119.
10“Chronic absenteeism”, missing not less than 10 per cent of days enrolled regardless of
11 whether the absences are considered excused, unexcused or for disciplinary reasons.
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12“Community-based services”, services, including coordination of services, designed to
13 assist families requiring assistance so that, if appropriate, families may avoid entry or re-entry to
14 the child protective service and child requiring assistance legal systems; and children of the
15 family may continue to reside with their family and attend their community school while
16 enjoying a strengthened relationship with their family.
17“Family requiring assistance”, a parent, guardian, custodian, sibling and any relative or
18 caretaker who (i) is at elevated risk of being the subject of a petition under section 24 of chapter
19 119; or (ii) is responsible for a child at risk of being the subject of a petition under section 39E of
20 said chapter 119.
21“Habitually absent without permission”, as defined in section 21 of chapter 119.
22“Secretary”, the secretary of health and human services.
23(b) Subject to appropriation or third party reimbursement, the secretary shall:
24(i) establish a network of child and family service programs and family resource centers
25 throughout the commonwealth to provide community-based services to families requiring
26 assistance under subsection (c);
27(ii) develop guidelines and standards necessary to achieve and maintain, on a statewide
28 basis, a comprehensive and integrated network of community-based services and family resource
29 centers for children and families;
30(iii) promote efficiency by including in the network of community-based services and
31 family resource centers access to the following services: (A) organizations that are part of the
32 comprehensive community-based behavioral health delivery system coordinated by the secretary
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33 under section 16S; (B) organizations that provide services or have experience in coordinating
34 access to community-based services such as local schools; (C) other local public agencies and
35 private organizations; (D) local medical, behavioral or mental health care providers; and (E)
36 state-funded services the child or family may be eligible for, including services provided by
37 agencies within the executive office of health and human services, the executive office of
38 education, and the executive office of housing and livable communities.
39(iv) coordinate the services provided by the network and in the family resource centers
40 including, but not limited to, outreach, intake, screening, assessment and referral to services;
41(v) encourage cooperation among local providers and state agencies as needed to provide
42 the full complement of services required under this section;
43(vi) monitor and provide technical assistance to family resource centers and providers of
44 community-based services;
45(vii) require the use of standard intake screening and assessment tools to evaluate
46 families and children seeking community-based services that shall identify the family’s
47 strengths, resources and service needs including, but not limited to, mental health, behavioral
48 health or substance abuse treatment, reasonable accommodations for individuals with disabilities,
49 basic family shelter, clothing and food needs, child care needs, health insurance status, legal
50 issues, education services and placement and child protection; and
51(viii) create a data collection system for use by programs within the community-based
52 services network and family resource centers that shall: (A) maintain the privacy of clients
53 served, (B) assist programs and the secretary in identifying and addressing the needs of the
54 population to be served, including gaps in service availability and how long clients are waiting to
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55 receive services; (C) collect information including, but not limited to, insurance status and
56 benefit coverage of clients served, income documentation as needed to apply a sliding fee scale
57 for payment or waiver of payment for services; (D) collect data regarding the needs identified
58 and services received by a family; and (E) collect such other information deemed necessary to
59 assist the program and the secretary in providing services, identifying service needs and gaps and
60 evaluating the effectiveness of family resource centers and the community-based services
61 network.
62Annually, the secretary shall submit a report to the senate and house committees on ways
63 and means, the joint committee on children, families and persons with disabilities and the child
64 advocate detailing: (i) the number of children and families served at each family resource center;
65 (ii) identified service needs; (iii) the types of services offered in-house and those offered by
66 referral; (iv) service outcomes; (v) service gaps, including unavailable services and services with
67 long wait times; (vi) client feedback; (vii) the number of families served by a multidisciplinary
68 team pursuant to subsection (c); and (viii) the number of children referred to a juvenile court for
69 a child requiring assistance petition following a multidisciplinary team process. All data shall be
70 delineated by the child’s race, ethnicity, gender, sexual orientation, transgender status, disability,
71 primary language and age.
72(c) The network of community-based services and family resource centers shall: (i) assist
73 families so that, whenever possible, families may avoid entry or re-entry to the child protective
74 service system and children may continue residing with their families in their home
75 communities; (ii) assist families to enable children to continue as students in their community
76 schools; (iii) strengthen the relationships between children and their families; (iv) assist families
77 in connecting with local, state and federal services to help meet basic family shelter, clothing,
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78 food and health needs; (v) provide coordinated, comprehensive, community-based services for
79 children at risk of chronic absenteeism, dropping out of school, committing delinquent acts or
80 engaging in behaviors that impede the likelihood of leading healthy, productive lives, or for
81 children who have been referred by a school or from the juvenile court pursuant to section 39E
82 of chapter 119.
83Services offered through the network shall include, but not be limited to, treatment for or
84 assistance with: (i) eligibility determinations; (ii) applying for state services including
85 MassHealth; (iii) financial assistance programs including Supplemental Security Income and
86 services provided or funded by executive branch agencies; (iv) behavioral, medical and mental
87 health needs; (v) substance use treatment; (vi) special education evaluation; (vii) remedial
88 education services; (viii) assistance with insurance issues; (ix) mentoring; (x) family and parent
89 support; (xi) civic engagement and community service; (xii) after school and out-of-school
90 opportunities; (xiii) residential programs; (xiv) crisis management; and (xv) case management.
91Each family resource center shall identify the service needs of each family in accordance
92 with the requirements of clause (vii) of subsection (b). Subject to appropriation, each family
93 resource center shall assign a case manager to any high-needs families who voluntarily accept
94 service. The case manager shall assist the family in identifying and navigating appropriate
95 services in the network. If a case meets the eligibility criteria for an interagency review of
96 complex cases under section 16R, the family resource center shall refer the child to the
97 interagency review team. For cases that do not meet the eligibility requirements under said
98 section 16R, the family resource center may convene a multidisciplinary team to fulfill the
99 functions listed in this subsection. Multidisciplinary teams shall consist of, but not be limited to,
100 the child, the child’s parents or caregivers and family resource center staff, and when appropriate
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101 may include family partners, advocates, community-based service providers, educational
102 advocates, representatives from state agencies or school district representatives.
103 Multidisciplinary teams shall work to identify any needs of the child or family with the goal of
104 providing supports to the child and their family outside of the juvenile court process to the extent
105 possible.
106A case manager shall not refer a family to the juvenile court for the purpose of filing a
107 child requiring assistance petition unless the family has exhausted all relevant community-based
108 service options that are reasonably available to them. Family resource center staff shall be
109 authorized to report to a probation officer upon request if a child that is the subject of an
110 attempted child requiring assistance petition has met with a case manager pursuant to this section
111 and if all relevant community-based service options reasonably available to them have been
112 exhausted. Any other information about the child or family shall be kept confidential pursuant to
113 subsection (d).
114The secretary of health and human services shall issue guidance to effectuate this section.
115 The guidance shall include, but not be limited to: (i) a description of situations in which
116 convening a multidisciplinary team may be appropriate; (ii) the role of family resource center
117 staff in facilitating the work of the multidisciplinary team; (iii) the circumstances under which
118 staff from state health and human service agencies are required to participate and what that
119 participation shall entail; (iv) the process by which disagreements about the case plan shall be
120 resolved; (v) requirements for obtaining client or parental consent; (vi) processes for providing
121 information to the juvenile court about a family’s participation in services when the family or a
122 school has filed a child requiring assistance petition; (vii) data gathering and reporting
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123 requirements; and (viii) protocols for when and how a family shall be referred to the juvenile
124 court for a child requiring assistance petition.
125(d) Any documentation of services provided to the child and family through the network
126 of community-based services or in the family resource centers shall not be public records under
127 clause Twenty-sixth of section 7 of chapter 4. Except as otherwise required by law, including
128 laws related to the reporting of suspected abuse or neglect under section 51A of chapter 119,
129 statements made by the child and family while receiving services from the network of
130 community-based services shall be treated as confidential and shall not be used in any
131 proceedings without the written consent of the person making the statement. Information about
132 the child and family requiring assistance, including interactions with service providers and
133 protected health information, may be shared among the case team, other providers of community
134 services for families and any agency within the executive office of health and human services
135 providing such services to the child as needed to coordinate treatment and provide appropriate
136 case management, to the extent permitted under applicable federal law, unless the child or family
137 declines in writing to permit such information sharing.
138(e) Participation in community-based services and use of the family resource centers shall
139 be under a voluntary agreement of the parent, legal guardian or custodian and the child;
140 provided, however, that provision of community-based services may be contingent upon such
141 parent, legal guardian or custodian agreeing to pay for such services or consenting to allow
142 covered services to be billed to applicable third party payers, including insurance providers.
143SECTION 3. Said section 16U of said chapter 6A, as so appearing, is hereby further
144 amended by striking out the second paragraph of subsection (f) and inserting in place thereof the
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145 following paragraph:- A school administrator shall refer a student’s caregivers to a family
146 resource center prior to filing a child requiring assistance petition pursuant to section 39E of
147 chapter 119. A school shall make and document efforts to identify and address potential causes
148 of chronic absenteeism, including but not limited to previously unidentified or inadequately
149 addressed special educational needs, behavioral health needs, bullying, and harassment, before
150 referring the child and family to a family resource center for chronic absenteeism or filing a child
151 requiring assistance petition with the juvenile court.
152SECTION 4. Section 6A of chapter 18B of the General Laws, as so appearing, is hereby
153 amended by striking out the fifth paragraph.
154SECTION 5. Said chapter 18B is hereby further amended by inserting after section 6A
155 the following section:-
156Section 6B. (a) The commissioner shall, subject to appropriation, establish and maintain
157 an education unit. The education unit shall: (i) implement and oversee the regional and area
158 offices work on education for children receiving services from the department, consistent with
159 policies created by the department’s education director; (ii) monitor student academic progress of
160 children under the care and custody of the area office not less than once per academic quarter;
161 (iii) provide support and assistance to department social workers regarding educational needs of
162 children; (iv) provide detailed training to department social workers on the best practices to
163 monitor a child’s education experiences, recognizing any unavailability of resources preventing a
164 child from participating in school courses and developing individual education plans and 504
165 plans; (v) ensure the timeliness and accuracy of the transfer of education records detailing a
166 child’s educational background and needs; and (vi) maintain contact with appropriate local
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167 school districts and education organizations to facilitate enrollment, information sharing and
168 placement of children into school districts served by the area office.
169(b) The commissioner shall, subject to appropriation, appoint an education director. The
170 education director’s duties shall include, but shall not be limited to: (i) developing, implementing
171 and overseeing the department’s policies on education for children under the care and custody of
172 the department, including policy development and practice guidance; (ii) monitoring state and
173 federal laws, programs and resources that may impact the education of children under the care
174 and custody of the department; (iii) advising the commissioner and all education specialists on
175 all matters relating to education, strategic education initiatives, policy and practice management
176 matters; (iv) coordinating efforts of the education specialists to identify and address systemic
177 barriers to accessing educational services for children under the care and custody of the
178 department, including issues related to transportation for children in department care or custody
179 to attend their school of origin; (v) coordinating with department area and regional offices on
180 education related issues; and (vi) facilitating best practice training for education specialists. The
181 education director shall perform duties pursuant to this section and such other duties as may be
182 assigned by the commissioner.
183(c) The director shall appoint, subject to appropriation and the approval of the
184 commissioner, education specialists who shall be employees of the department and who shall
185 devote their full time and attention to supporting the department’s goal of educational stability
186 and success for all elementary and secondary school students under the care and custody of the
187 department.
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188(d) An education specialist may accompany social workers to meetings with school
189 personnel, including, but not limited to, meetings relative to a child’s individual education plan
190 or 504 plan.
191SECTION 6. Section 7 of said chapter 18B, as appearing in the 2024 Official Edition, is
192 hereby amended by striking out subsections (e) through (o), inclusive, and inserting in place
193 thereof the following 11 subsections:-
194(e) The commissioner shall develop and implement a plan for the orientation and training
195 of area-based and other staff. The plan shall require all employees to be issued photo
196 identification to be used in the performance of their duties, including for display upon
197 introduction.
198(f) The commissioner shall coordinate the overall service planning of the department with
199 planning under Title XX of the Social Security Act, 42 U.S.C. 1397 et seq.
200(g) The commissioner may apply for and accept on behalf of the commonwealth federal,
201 local or private grants, bequests, gifts or contributions.
202(h) The commissioner, subject to chapter 30A, shall adopt rules and regulations necessary
203 to carry out this chapter and chapter 119.
204(i) The commissioner shall include in the budget estimates of the department funds for
205 the development and implementation of said management information system, monitoring and
206 evaluation system, annual needs assessment and staff training plan.
207(j) The commissioner shall, subject to appropriation, enter into contracts with nonprofit
208 organizations to provide services for families and individuals in emergency and transitional
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209 housing; provided, that the department, in entering into such contracts, shall provide $3 for each
210 dollar of donated funds which have been committed to such nonprofit organizations from any
211 non-state source. For the purposes of this subsection, a non-state source may include private
212 donations or monies from city, town or county governments but shall not include funds from
213 other state agencies.
214(k) Prior to undertaking any activity or implementing any policy that would affect
215 expenditures for medical assistance under chapter 118E, including, but not limited to, identifying
216 individuals eligible for such assistance under said chapter 118E, the commissioner shall ensure
217 that such activity or policy is reviewed by the director of Medicaid.
218(l) Not more than 3 per cent of the department’s annual budget shall be appropriated in a
219 separate account and expended for the purposes of subsections (b), (c) and (d).
220(m) The commissioner shall consult with the commissioner of mental health prior to
221 taking any action substantially affecting the design and implementation of behavioral health
222 services for children under guidelines established by the secretary of health and human services
223 under section 16S of chapter 6A.
224(n) Upon receipt of a completed review of multiple 51A reports required under
225 subsection (r) of section 51B of chapter 119, the commissioner shall immediately notify: (i) the
226 district attorney for the county in which the child resides and for the county in which the event
227 giving rise to a report occurred; (ii) local law enforcement authorities in the city or town in
228 which the child resides and in the city or town in which the event giving rise to a report occurred;
229 and (iii) the office of the child advocate.
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230(o) The commissioner shall require social workers employed by the department to obtain
231 a license as a social worker pursuant to section 131 of chapter 112 within the first 9 months of
232 employment. The commissioner shall require social workers employed by the department to
233 participate in not less than 30 hours per year of paid professional development training;
234 provided, however, that such training shall be consistent with applicable collective bargaining
235 agreements. The commissioner may grant a social worker employed by the department a 1-time
236 6-month hardship waiver from the licensing requirement under this subsection to ensure access
237 for underserved populations.
238SECTION 7. Section 20 of said chapter 18B, as so appearing, is hereby amended by
239 striking out the second sentence.
240SECTION 8. Said chapter 18B is hereby further amended by striking out section 23, as
241 appearing in section 45 of chapter 176 of the acts of 2008.
242SECTION 9. Said chapter 18B is hereby further amended by striking out section 23,
243 inserted by section 8 of chapter 321 of the acts of 2008, and inserting in place thereof the
244 following section:-
245Section 23. If the department has care and custody of a child receiving inpatient
246 psychiatric services, the department shall contact the child’s parents or guardians, as appropriate,
247 and a member of the child’s treatment team within 3 business days of the hospitalization, shall
248 maintain weekly contact with them until the child is discharged, and shall immediately begin
249 discharge planning, with the priority of returning the child to their home or to a community
250 placement. Not later than 5 business days after being notified that continued hospitalization is no
251 longer clinically appropriate, the department shall determine the appropriate type of placement
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252 for the child and shall immediately initiate the placement referrals. The department shall
253 document its activities in assisting with discharge placement, including identification of available
254 resources for home-based, community or alternative residential placements, and the barriers, if
255 any, to discharge the child to the most clinically appropriate setting. If the initial placement shall
256 not be deemed to be the most clinically appropriate setting, the department shall continue to seek
257 an appropriate placement.
258SECTION 10. Sections 24 and 25 of said chapter 18B are hereby repealed.
259SECTION 11. Said chapter 18B is hereby further amended by adding the following 3
260 sections:-
261Section 26. (a)(1) Annually, not later than October 31, the department shall issue a report
262 that provides an overview of the department’s performance during the previous fiscal year. The
263 report shall include comparative departmental information from prior fiscal years. The
264 commissioner or a designee shall file the report with the governor, the child advocate, the clerks
265 of the house of representatives and the senate, the house and senate committees on ways and
266 means and the joint committee on children, families and persons with disabilities. The
267 commissioner shall provide the recipients of the report with an opportunity to discuss its contents
268 with the commissioner or a designee. The report shall be made publicly available on the
269 department’s website in accordance with section 19 of chapter 66; provided, that any personally
270 identifiable information in the report shall be deidentified or removed prior to the report’s
271 publication on the department’s website.
272(2) The report shall include, but shall not be limited to, narratives, information, data and
273 analysis on:
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274(i) counts, including, but not limited to: (A) case counts; (B) the number of children
275 served by the department; (C) child demographic information, including age, race, ethnicity,
276 primary language, birth sex, gender identity, sexual orientation and disability; (D) intersectional
277 data; (E) rates of racial disproportionality and disparity at various decision points throughout the
278 life of a case, including, but not limited to: (1) protective intakes and responses; (2) children ages
279 0 through 17 years, inclusive, with an open case as compared to the proportion of the child
280 population in the commonwealth; (3) the number of children and youth in placement by
281 placement type; (4) permanency plans for children and youth in placement, including plans
282 meeting the federal permanency standard; (5) permanency outcomes as compared to children in
283 placement; (6) the median placement length of stay, in days, for children who exited care as well
284 as for children who were in out-of-home care; (7) placement moves per 1,000 placement days for
285 children who entered care during the specified fiscal year; (8) exits from care to reunification,
286 adoption and guardianship as a rate of all exits from placement; and (9) youth aging out as a rate
287 of all exits from placement; (F) the number of requests for reasonable accommodations, broken
288 down by accommodation type; (G) the total number of disability related complaints filed with
289 the department, broken down by complaint type and region; (H) reports filed pursuant to section
290 51A of chapter 119; (I) placement metrics, including, but not limited to: (1) placement moves per
291 1,000 placement days for children who entered care during the specified fiscal year; (2) initial
292 placement with kin; and (3) the median number of placements between a home removal episode
293 and an initial placement review; (J) infants brought into the department’s care pursuant to section
294 39½ of chapter 119; and (K) siblings in placement;
295(ii) processes and outcomes, including, but not limited to: (A) protective responses and
296 safety outcomes; (B) the number of fatalities, including the manner of death, of children with a
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297 family history with the department; (C) permanency processes and outcomes, including, but not
298 limited to, reunification, adoption, guardianship, kinship adoption, kinship guardianship and
299 aging out; (D) well-being outcomes, including the rates and timeliness of the delivery of medical
300 and behavioral health services; and (E) educational well-being outcomes, including, but not
301 limited to, school placement information, the number of individualized education plans,
302 attendance rates, high school graduation rates and school disciplinary actions; and
303(iii) operations, including, but not limited to: (A) staffing trends; (B) caseloads; (C) the
304 department’s budget, including funding levels; (D) service costs, including, but not limited to,
305 departmental foster care, contracted foster care, complex medical foster care, congregate care,
306 adoption and guardianship subsidies, foster care support services, respite and support and
307 stabilization; (E) medical services and advancements in providing medical services to children
308 and young adults in the department’s care; (F) the number of children and young adults in the
309 department’s care in emergency departments, inpatient units, psychiatric hospitals or
310 community-based acute treatment programs who are awaiting alternate placements and the
311 average duration of days waiting; (G) the cost of resources and practices in the child welfare
312 system due to over-reporting pursuant to section 51A of chapter 119; and (H) any new or
313 ongoing initiatives to improve practices, procedures and policy of the department; and
314(iv) support and stabilization services, including, but not limited to: (A) the total number
315 of families who receive support and stabilization services; (B) the total number of service
316 referrals for support and stabilization services; (C) the total number of families who receive more
317 than 1 type of support and stabilization service; (D) the total number of referrals for intact
318 families; (E) the total number of referrals for children in out-of-home placements; (F) the
319 average length of time that support and stabilization services are provided; (G) the total number
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320 of provider agencies with support and stabilization services contracts; and (H) the total dollars
321 expended on an annual basis for support and stabilization services, broken down by region.
322(b) Not later than 45 days after the end of each fiscal quarter, the department shall issue a
323 quarterly profile on its website in accordance with section 19 of chapter 66 that shall include, but
324 not be limited to, departmental, regional office and area office data on: (i) the number of children
325 served by the department; (ii) the number of reports filed pursuant to section 51A of chapter 119,
326 including, but not limited to, the number of reports received, screened-in and screened-out in
327 total and by reporter role; (iii) rates and recurrence of maltreatment of children; (iv) department
328 case counts, including the number of clinical and adoption cases; (v) child demographic
329 information, including age, race, ethnicity, primary language, birth sex, gender identity and
330 sexual orientation and disability; (vi) the number of children and youth in placement by type of
331 placement; and (vii) the number of children and youth not in placement.
332(c) Annually, not later than October 31, the department shall file a report on services
333 provided to young adults over the age of 18 with the child advocate, the clerks of the house of
334 representatives and the senate, the house and senate committees on ways and means and the joint
335 committee on children, families and persons with disabilities. The report shall summarize the
336 process by which a young adult may continue to receive services from the department upon
337 reaching the age of 18. The report shall include, but not be limited to: (i) young adult
338 demographic information detailing age, race, ethnicity, primary language, gender identity, sexual
339 orientation, disability and rates of racial disproportionality and disparity; (ii) the number of
340 young adults who have elected to sustain or reestablish a connection with the department in the
341 previous fiscal year; (iii) the number of young adults who have elected not to remain with the
342 department and have transitioned out of the child welfare system in the previous fiscal year,
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343 including young adults who had previously elected to sustain a connection with the department,
344 if such numbers are available; and (iv) the number of transition-age young adults aging out with:
345 (A) stable and permanent housing; (B) full- or part-time employment or military enlistment; (C)
346 health insurance; or (D) if sought, post-secondary education such as college, job training or a
347 certificate program within 6 months of transition.
348(d)(1) Annually, not later than October 31, the department shall file a report on its fair
349 hearing processes and cases with the child advocate, the clerks of the house of representatives
350 and the senate, the house and senate committees on ways and means and the joint committee on
351 children, families and persons with disabilities. The report shall be made available to the public
352 electronically in accordance with section 19 of chapter 66. The report shall include, but shall not
353 be limited to, information in a form that shall not include personally identifiable information on
354 the fair hearing requests open at any time during the previous fiscal year. For each fair hearing
355 request, the report shall provide: (i) the subject matter of the appeal; (ii) the outcomes of cases
356 resolved prior to a fair hearing decision; (iii) the number of days between the hearing request and
357 the first day of the hearing; (iv) the number of days between the close of the evidence and the
358 hearing officer’s decision; (v) the number of days of continuance granted at the appellant’s
359 request; (vi) the number of days of continuance granted at the request of the department or the
360 hearing officer, specifying which party made the request; and (vii) whether the department’s
361 decision that was the subject of the appeal was affirmed or reversed.
362(2) The department shall maintain and make available to the public, during regular
363 business hours, a record of its fair hearings in a form that shall not include personally identifiable
364 information but shall include, for each hearing request: (i) the date of the request; (ii) the date of
365 the hearing decision; (iii) the decision rendered by the hearing officer; and (iv) the final decision
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366 rendered upon the commissioner’s review. For fair hearing requests that are pending for more
367 than 180 days at any time during the fiscal year, except for those requests which have been
368 stayed at the request of the district attorney, the report shall provide the number of such cases,
369 the number of those cases that have been heard but not decided and the number of cases that
370 have been decided by the hearing officer but for which a final agency decision has not yet been
371 issued.
372(e) Annually, not later than October 31, the department shall file with the child advocate,
373 the clerks of the house of representatives and the senate and the joint committee on children,
374 families and persons with disabilities a report on the foster care review system and any
375 recommendations for its improvement, including, but not limited to: (i) the population served by
376 the department, including, but not limited to, case counts, child, youth and young adult and
377 parent or caregiver counts and children, youth and young adults in placement; (ii) a foster care
378 review overview, including, but not limited to, foster care review policy, the number of children,
379 youth and young adults in placement with a convened foster care review and the foster care
380 review considerations; (iii) scheduling, including, but not limited to, scheduled and convened
381 foster care review meetings, children, youth and young adults reviewed, duration of meetings
382 and timeliness of foster care review report completion; (iv) attendance, including, but not limited
383 to, foster care review meeting panel composition and mandated participants invited and attended;
384 (v) the review process, including, but not limited to, the department action plan, placement
385 activities, social worker contact, parent-child visitation, health, education and well-being needs,
386 information on youth and young adults and systemic barriers for children, youth and young
387 adults and parents or caregivers; (vi) foster care review determinations; (vii) minority opinions,
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388 including, but not limited to, minority opinions by a panel member; and (viii) foster care review
389 follow-up activities.
390(f) If the department is unable to submit the report under subsection (a), issue the profile
391 under subsection (b) or submit any other reports required pursuant to subsections (c), (d) and (e)
392 by the respective deadlines, the commissioner or the commissioner’s legal counsel shall notify
393 the governor, the child advocate, the clerks of the house of representatives and the senate, the
394 house and senate committees on ways and means and the joint committee on children, families
395 and persons with disabilities in writing and provide an explanation for the delay.
396(g) The department may satisfy the reporting requirements of subsections (b) through (e),
397 inclusive, by providing the requested information in the annual report filed pursuant to
398 subsection (a). The department may substitute reports required by this section with data
399 visualization tools that are accessible and compliant with the Americans with Disabilities Act, 42
400 U.S.C. § 12101 et seq., as amended.
401Section 27. (a) The commissioner or a designee shall notify the joint committee on
402 children, families and persons with disabilities within 1 week of a child or a young adult in the
403 department’s custody sleeping in the department’s area office overnight. Notice shall include the
404 region, the average length of stay, the age of the child or young adult, any previous placement
405 types and any challenges in finding placement.
406(b)(1) The commissioner or a designee shall notify the joint committee on children,
407 families and persons with disabilities when draft regulations are available by the department for
408 public comment. Notice shall be provided not later than the day that draft regulations are made
409 public.
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410(2) Not later than 30 days after the promulgation of regulations or the effective date of
411 adopted or revised departmental policies related to services provided to children and families, the
412 department shall provide copies of the regulations or departmental policies to the joint committee
413 on children, families and persons with disabilities.
414(c) Not later than 5 days after the end of each fiscal quarter, the commissioner or a
415 designee shall notify the house and senate committees on ways and means and the joint
416 committee on children, families and persons with disabilities when data from a profile issued
417 pursuant to subsection (b) of section 26 significantly departs from trends reported in a previous
418 profile.
419Section 28. (a) The department shall establish a 5-year plan, on a fiscal year basis, that
420 shall include numerical targets for the department’s performance in each fiscal year and in each
421 of its regions in the areas of safety, permanency and well-being. The plan shall include a
422 description of how the department measures its progress toward meeting the numerical targets
423 and may include different performance targets for different regions. In developing the plan, the
424 department may consult with governmental and non-governmental partners, as necessary. The
425 department shall update the plan annually.
426(b) Annually, the department shall measure its performance in meeting the numerical and
427 performance targets established in the 5-year plan for the commonwealth as a whole and for each
428 of its regions. The department shall publish and maintain on its website the current plan, the
429 numerical and performance targets for previous years and the department’s progress in meeting
430 those performance targets.
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431(c) If, in any fiscal year, the department is unable to develop or update the 5-year plan or
432 measure its performance, the department shall notify, as soon as practicable, the clerks of the
433 house of representatives and the senate, the house and senate committees on ways and means, the
434 joint committee on children, families and persons with disabilities and the child advocate.
435SECTION 12. Section 1 of chapter 18C of the General Laws, as appearing in the 2024
436 Official Edition, is hereby amended by inserting after the definition of “Child advocate” the
437 following 2 definitions:-
438“Child-serving individual”, an individual who, in their professional role, has consistent
439 access to children and is often alone with children under the age of 18 or responsible for their
440 care; provided, however, that a child-serving individual may be an employee, a contractor or
441 temporary employee at a public or private organization.
442“Child-serving volunteer”, a person who, without compensation or expectation of
443 compensation, provides services or supports in a capacity that involves direct contact with,
444 supervision of or responsibility for the care, education, treatment or welfare of children under the
445 age of 18 at a public or private organization, including, but not limited to, volunteers in schools,
446 childcare programs, youth-serving organizations, recreational or athletic programs, faith-based
447 programs, mentoring or tutoring services and residential or congregate care settings.
448SECTION 13. Said section 1 of said chapter 18C, as so appearing, is hereby further
449 amended by striking out the definition of “Critical incident” and inserting in place thereof the
450 following definition:-
451“Critical incident”, (i) a fatality, near fatality or serious bodily injury or emotional injury
452 of a child or the indecent assault and battery of a child pursuant to sections 13B to 13B¾,
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453 inclusive, of chapter 265 or the kidnapping or enticement of a child pursuant to sections 26 to
454 26D, inclusive, of said chapter 265 or the rape and abuse of a child pursuant to sections 23 to
455 23B, inclusive, of said chapter 265, who is in the custody of, or receiving services from, an
456 executive agency; or (ii) circumstances that result in a reasonable belief that an executive agency
457 failed in its duty to protect or adequately serve a child and, as a result, the child suffered or was
458 at imminent risk of suffering serious bodily injury or emotional injury or death.
459SECTION 14. Said section 1 of said chapter 18C, as so appearing, is hereby further
460 amended by inserting after the definition of “Department” the following definition:-
461“Emotional injury”, an injury or harm that occurs when a child of any age witnesses the
462 fatality or life-threatening incident of an individual related to an unexpected medical event,
463 overdose, violent act or accident, suicide or attempted suicide.
464SECTION 15. Said section 1 of said chapter 18C, as so appearing, is hereby further
465 amended by striking out the definition of “Executive agency” and inserting in place thereof the
466 following 2 definitions:-
467“Executive agency”, a state agency within the office of the governor that provides
468 services to children, through direct services, guidance, oversight, contracted services and
469 licensing functions; provided, however, that executive agencies shall include the executive office
470 of education, the executive office of public safety and security, the executive office of health and
471 human services, and their constituent agencies, the Massachusetts interagency council on
472 housing and homelessness and the executive office of housing and livable communities; and
473 provided further, that constituent agencies shall include, but not be limited to, the department of
474 children and families, the department of youth services, the department of public health, the
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475 department of mental health, the department of developmental services, the department of early
476 education and care and the department of elementary and secondary education.
477“Near fatality”, an injury that is: (i) accidental or the result of a medical condition,
478 attempted suicide or abuse or neglect; and (ii) certified by a physician to be life threatening.
479SECTION 16. Said section 1 of said chapter 18C, as so appearing, is hereby further
480 amended by striking out, in line 21, the words “or emotional”.
481SECTION 17 . Said section 1 of said chapter 18C, as so appearing, is hereby further
482 amended by striking out, in line 24, the words “or emotional distress”.
483SECTION 18. Said section 1 of said chapter 18C, as so appearing, is hereby further
484 amended by adding the following definition:-
485“Sudden unexplained pediatric death”, the sudden and unexpected death of a child under
486 the age of 3 where the cause of death cannot be determined before an investigation.
487SECTION 19. Section 2 of said chapter 18C, as so appearing, is hereby amended by
488 striking out, in lines 2 and 3, the words “independent of any supervision or control by any
489 executive agency” and inserting in place thereof the following words:- an independent state
490 agency that shall not be subject to the supervision or control of any other executive office,
491 executive agency, commission, board, bureau or political subdivision of the commonwealth. The
492 office shall oversee the services that executive agencies provide to children in the
493 commonwealth.
494SECTION 20. The first paragraph of said section 2 of said chapter 18C, as so appearing,
495 is hereby amended by striking out clause (c) and inserting in place thereof the following clause:-
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496(c) examine, on a systemwide and individual case basis, the care and services that
497 executive agencies provide to children through direct services, guidance, oversight, contracted
498 services and licensing functions.
499SECTION 21. Said first paragraph of said section 2 of said chapter 18C, as so appearing,
500 is hereby further amended by striking out clauses (d) and (e) and inserting in place thereof the
501 following 6 clauses:-
502(d) advise the public and those at the highest levels of state government about how the
503 commonwealth may improve its services to and for children and their families;
504(e) examine disproportionality related to race, ethnicity, disability status, transgender
505 status, sexual orientation or gender identity; provided, that the office shall use data provided by
506 executive agencies related to services provided by the executive agencies;
507(f) subject to appropriation, partner with executive agencies or other entities if it is in the
508 best interest of the children of the commonwealth to: (i) support programs, including establishing
509 pilot programs; and (ii) expand or improve current programs; provided, however, that the child
510 advocate shall not enter into any partnership that may jeopardize the office’s oversight functions;
511(g) provide training and technical assistance to executive agencies to improve services to
512 children if it is in the best interest of the children of the commonwealth; provided, however, that
513 the child advocate shall not provide training or technical assistance that may jeopardize the
514 office’s oversight functions;
515(h) maintain a publicly available website that shall make materials available for mandated
516 reporters, child-serving individuals and child-serving volunteers, including, but not limited to,
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517 trainings and online certification of completion of trainings, guidance, statutory references,
518 resources for individuals and families and best practices; provided, however, that such materials
519 shall include information about: (i) recognizing the signs of child neglect or abuse; (ii)
520 preventing, identifying and reporting child sexual abuse and problematic sexual behaviors
521 between minors; (iii) the ways in which the behavioral and verbal cues for sexual abuse differ
522 from those of other forms of abuse and neglect; (iv) bias and cultural considerations; (v) how to
523 address concerns with families and children when concerns do not rise to the level of
524 maltreatment; (vi) connecting families with needed supports and resources; (vii) how to
525 understand what may qualify as neglect; and (viii) options for voluntary or mandatory reporting.;
526 and
527(i) create and maintain information and a list of publicly available resources for parents
528 who have experienced a sudden unexplained pediatric death; provided, however, that the
529 information shall include, but not be limited to, resources to obtain genetic testing, ongoing
530 bereavement support, counseling and grief support
531SECTION 22. Subsection (a) of section 5 of said chapter 18C, as so appearing, is hereby
532 amended by inserting after the first sentence the following sentence:- Notification shall include
533 demographic information of the child involved in the critical incident, if known.
534SECTION 23. Said section 5 of said chapter 18C, as so appearing, is hereby further
535 amended by striking out, in lines 5, 8, 16, 19 and 21, the word “his” and inserting in place
536 thereof, in each instance, the following word:- their.
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537SECTION 24. Said section 5 of said chapter 18C, as so appearing, is hereby further
538 amended by striking out, in lines 6 and 18, the word “he” and inserting in place thereof, in each
539 instance, the following word:- they.
540SECTION 25. Said section 5 of said chapter 18C, as so appearing, is hereby further
541 amended by striking out, in line 25, the word “his” and inserting in place thereof the following
542 words:- the office’s.
543SECTION 26. Said section 5 of said chapter 18C, as so appearing, is hereby further
544 amended by striking out, in line 28, the word “him” and inserting in place thereof the following
545 words:- the child advocate.
546SECTION 27. Said section 5 of said chapter 18C, as so appearing, is hereby further
547 amended by inserting after the word “services”, in lines 43 and 44, the following words:- , access
548 to support for parents of a child who have experienced a sudden unexplained pediatric death.
549SECTION 28. Said section 5 of said chapter 18C, as so appearing, is hereby further
550 amended by adding the following 2 subsections:-
551(i)(1) Prior to publicly releasing a final report related to an investigation where the child
552 advocate makes a determination that there is a reasonable belief that an executive agency failed
553 in its duty to protect or adequately serve a child, the child advocate shall submit a final report to
554 the governor, the attorney general, the auditor, the speaker of the house of representatives and the
555 senate president.
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556(2) Any executive agency or program that is the subject of the investigation shall not
557 receive the final report prior to the governor, the attorney general, the auditor, the speaker of the
558 house of representatives and the senate president.
559(j) The department shall inform the child advocate as soon as practicable when a foster
560 care review safety alert has been issued. The office shall review the circumstances of the foster
561 care review safety alert and provide feedback to the department on individual cases and trends in
562 services.
563SECTION 29. Section 6 of said chapter 18C, as so appearing, is hereby amended by
564 striking out, in line 1, the word “his” and inserting in place thereof the following word:- their.
565SECTION 30. Section 9 of said chapter 18C, as so appearing, is hereby amended by
566 striking out, in line 2, the word “his” and inserting in place thereof the following word:- their.
567SECTION 31. Section 10 of said chapter 18C, as so appearing, is hereby amended by
568 inserting after the figure “5”, in line 7, the following words:- , data related to the mandated
569 reporter training and website pursuant to subsection (h) of section 2, any examination of
570 systemwide challenges pursuant to section 11.
571SECTION 32. Said chapter 18C is hereby further amended by striking out section 11, as
572 so appearing, and inserting in place thereof the following section:-
573Section 11. The child advocate may examine systemwide challenges to providing
574 adequate services to children. The child advocate may prioritize the examination of challenges
575 that: (i) include multiple executive agencies; and (ii) affect the most vulnerable children.
576 Systemwide examinations shall include recommendations for improvements to the services
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577 provided to children by executive agencies. The child advocate may utilize any source of
578 information available to the office to make recommendations and may seek advice from
579 individuals with expertise in relevant fields of work or study. The child advocate shall file a
580 report on any examination with the governor, the clerks of the house of representatives and the
581 senate, the house and senate committees on ways and means and the joint committee on children,
582 families and persons with disabilities.
583SECTION 33. Section 12 of said chapter 18C, as so appearing, is hereby amended by
584 striking out, in line 12, the word “his”.
585SECTION 34. Said section 12 of said chapter 18C, as so appearing, is hereby further
586 amended by inserting after the figure “66”, in line 21, the following words:- , 66A.
587SECTION 35. Said section 12 of said chapter 18C, as so appearing, is hereby further
588 amended by striking out, in line 23, the word “his” and inserting in place thereof the following
589 word:- the.
590SECTION 36. Said section 12 of said chapter 18C, as so appearing, is hereby amended
591 by striking out, in lines 34 to 38, inclusive, the words “sharing with the governor, the attorney
592 general, a district attorney, a secretary, an agency commissioner or other agency personnel, or
593 the chairs of the joint committee on children, families and persons with disabilities, the report of,
594 or the results of, a critical incident investigation involving that agency” and inserting in place
595 thereof the following words :- from: (i) sharing the report of, or the results of, a critical incident
596 investigation involving an executive agency with the governor, the attorney general, a district
597 attorney, a secretary or commissioner or other agency personnel involved in the critical incident
598 investigation, the speaker of the house of representatives, the senate president, or the chairs of
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599 the joint committee on children, families and persons with disabilities; (ii) sharing information
600 with an executive agency when the child advocate deems, in their sole discretion, that such
601 information sharing is necessary for the child advocate to perform the child advocate’s duties; or
602 (iii) issuing a public report when such report, in the sole discretion of the child advocate, is
603 necessary for the child advocate to perform their duties; provided, however, that the child
604 advocate shall not include any names, dates of birth or other unique identifiers of any person
605 referenced in the report unless such information is already publicly available or the child
606 advocate deems the release of such information necessary to effectuate the purpose of the report
607 and the mission of the office.
608SECTION 37. Said section 12 of chapter 18C, as so appearing, is hereby amended by
609 adding the following subsection:-
610(f) If the child advocate, or the office, elects to withhold a report or components of a
611 report, it shall provide any requesting party with the reasons therefore in writing, which reasons
612 shall also be recorded and available for public inspection; provided, however, that nothing in this
613 subsection shall require any action by office that would compromise any investigation or
614 protective measures that could be, or are being, undertaken by the office or the department.
615SECTION 38. Section 13 of said chapter 18C, as so appearing, is hereby amended by
616 striking out, in lines 5 and 6, the word “his” and inserting in place thereof, in each instance, the
617 following word:- their.
618SECTION 39. Said chapter 18C is hereby further amended by adding the following 5
619 sections:-
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620Section 15. (a) Notwithstanding section 12, any information requested for research
621 purposes by the office from the trial court, including the office of probation, related to juvenile
622 court activity record information data shall comply with this section.
623b)(1) The office may request data for research purposes from the trial court, including the
624 office of probation. Each request shall include a research proposal containing a detailed
625 description of the research project, including: (i) the type of data sought; (ii) the reason the
626 requested data is relevant to the project; (iii) the proposed project methodology; (iv) how the
627 confidentiality of the data will be maintained; and (v) the identity of the research project
628 members responsible for preserving the confidentiality of the research subjects. The research
629 proposal shall demonstrate that the research project is being conducted for a valid educational,
630 scientific or other public purpose.
631(2) The trial court shall review the request for data related to juvenile court activity
632 record information data for research purposes and determine if the proposal demonstrates that the
633 research project is being conducted for a valid educational, scientific or other public purpose and
634 all information requested pursuant to this subsection are in compliance with trial court rules,
635 policies or other relevant laws.
636(3) Upon approval of the data request pursuant to this subsection, each individual who
637 will have contact with the data shall submit a non-disclosure agreement to the trial court,
638 agreeing to maintain the confidentiality of the data.
639(c) The trial court, including the office of probation, shall have the right to inspect the
640 research project and to conduct an audit of the office’s use of the requested data. Prior to
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641 publication, the trial court, including the office of probation, shall have the right to validate the
642 analysis and ensure data integrity, deidentification and confidentiality of the information.
643(d) The office shall only use the data for its requested purpose. The office may
644 disseminate reports and statistical analyses based on the data; provided, however, that the office
645 shall not disseminate the raw data for any purpose except as stated in its research proposal.
646(e) Upon completion or termination of the research project, the office shall: (i) destroy
647 the data; and (ii) attest to the trial court, including the office of probation, in writing, that such
648 destruction has been effected.
649Section 16. The office may prepare and update from time to time online resources which
650 the juvenile court may publish on its official website, including: (i) a video clearly defining a
651 child requiring assistance petition, how to file such a petition, the potential outcomes of filing
652 and a brief overview of community-based resources that may be utilized before filing a petition,
653 including but not limited to family resource centers and the behavioral health helpline; and (ii) a
654 corresponding written overview that contains information about community-based resources.
655Section 17. (a) As used in this section, the following words shall, unless the context
656 clearly requires otherwise, have the following meanings:
657“Child”, a person under the age of 18.
658“Fatality”, a death of a child.
659“Local team”, a local child fatality review team established in subsection (c).
660“Near fatality”, an act that, as certified by a physician, places a child in serious or critical
661 condition.
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662“State team”, the state child fatality review team established in subsection (b).
663“Team”, the state or a local team.
664(b)(1) There shall be a state child fatality review team within the office. Notwithstanding
665 section 172 of chapter 6, members of the state team shall be subject to criminal offender record
666 checks to be conducted by the colonel of state police on behalf of the child advocate. All
667 members shall serve without compensation for their duties associated with membership on the
668 state team. The state team shall include, but shall not be limited to: (i) the child advocate or a
669 designee, who shall serve as co-chair; (ii) the commissioner of public health or a designee, who
670 shall serve as co-chair; (iii) the chief medical examiner or a designee; (iv) the attorney general or
671 a designee; (v) the commissioner of children and families or a designee; (vi) the commissioner of
672 elementary and secondary education or a designee; (vii) a representative selected by the
673 Massachusetts District Attorneys Association; (viii) the colonel of state police or a designee; (ix)
674 the commissioner of mental health or a designee; (x) the commissioner of developmental
675 services or a designee; (xi) the director of the Massachusetts Center for Unexpected Infant and
676 Child Death at Boston Medical Center or a designee; (xii) the commissioner of youth services or
677 a designee; (xiii) the commissioner of early education and care or a designee; (xiv) a
678 representative selected by the Massachusetts chapter of the American Academy of Pediatrics
679 who has experience in diagnosing or treating child abuse and neglect; (xv) a representative
680 selected by the Massachusetts Health and Hospital Association, Inc.; (xvi) the president of the
681 Massachusetts Chiefs of Police Association Incorporated or a designee; (xvii) the department of
682 children and families chapter president or designee of the certified collective bargaining
683 representative of bargaining unit 8; and (xviii) any other person, selected by the co-chairs or by
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684 majority vote of the members of the state team, with expertise or information relevant to an
685 individual case.
686(2) The purpose of the state team shall be to decrease the incidence of preventable child
687 fatalities and near fatalities by: (i) developing an understanding of the causes and incidence of
688 child fatalities and near fatalities; and (ii) advising the governor, the general court and the public
689 by recommending changes in law, policy and practice to prevent child fatalities and near
690 fatalities. The state team may consult with the chief justice of the juvenile court department of
691 the trial court on issues with a direct bearing upon the business of the courts of the
692 commonwealth.
693(3) To achieve its purpose, the state team shall: (i) develop model investigative and data
694 collection protocols for local teams; (ii) provide information to local teams and law enforcement
695 agencies for the purpose of protecting children; (iii) provide training and written materials to
696 local teams to assist them in carrying out their duties; (iv) review reports from local teams; (v)
697 study the incidence and causes of child fatalities and near fatalities in the commonwealth; (vi)
698 analyze community, public and private agency involvement with the children and their families
699 prior to and subsequent to fatalities or near fatalities; (vii) develop a protocol for the collection of
700 data regarding fatalities and near fatalities and provide training to local teams on the protocol;
701 (viii) develop and implement rules and procedures necessary for its own operation; and (ix)
702 provide the governor, the general court and the public with annual written reports, subject to
703 confidentiality restrictions, that shall include, but shall not be limited to, the state team’s findings
704 and recommendations.
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705(c)(1) There shall be a local child fatality review team in each district established under
706 section 13 of chapter 12. Notwithstanding section 172 of chapter 6, members of a local team
707 shall be subject to criminal offender record checks to be conducted by the district attorney in
708 each such district. All members shall serve without compensation for their duties associated with
709 membership on a local team. Each local team shall include, but shall not be limited to: (i) the
710 district attorney of the county, who shall serve as chair; (ii) the chief medical examiner or a
711 designee; (iii) the commissioner of children and families or a designee; (iv) a pediatrician with
712 experience in diagnosing or treating child abuse and neglect, appointed by the state team; (v) a
713 local police officer from a municipality where a child fatality or near fatality occurred, appointed
714 by the chief of police of the municipality; (vi) a state law enforcement officer, appointed by the
715 colonel of state police; (vii) the director of the Massachusetts Center for Unexpected Infant and
716 Child Death located at Boston Medical Center or a designee; (viii) at least 1 representative from
717 the department of public health; (ix) at least 1 representative from the office; (x) the department
718 of children and families chapter president or designee of the certified collective bargaining unit
719 8; and (xi) any other person, selected by the co-chairs or by majority vote of the members of the
720 state team, with expertise or information relevant to an individual case; provided, that such
721 person may include, but shall not be limited to, a local or state law enforcement officer, a
722 hospital representative, a medical specialist or subspecialist or a designee of the commissioners
723 of developmental services, mental health, youth services, education and early education and care.
724(2) The purpose of each local team shall be to decrease the incidence of preventable child
725 fatalities and near fatalities by: (i) coordinating the collection of information on fatalities and
726 near fatalities; (ii) promoting cooperation and coordination between agencies responding to
727 fatalities and near fatalities and in providing services to family members; (iii) developing an
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728 understanding of the causes and incidence of child fatalities and near fatalities in the county; and
729 (iv) advising the state team on changes in law, policy or practice that may affect child fatalities
730 and near fatalities.
731(3) To achieve its purpose, each local team shall: (i) review, establish and implement
732 model protocols from the state team; (ii) review, subject to the approval of the local district
733 attorney, all individual fatalities and near fatalities in accordance with the established protocols;
734 (iii) meet periodically, not less than 2 times per calendar year, to review the status of fatality and
735 near fatality cases and recommend methods of improving coordination of services between
736 member agencies; (iv) collect, maintain and provide confidential data as required by the state
737 team; and (v) provide law enforcement or other agencies with information to protect children.
738(4) At the request of the local district attorney, the local team shall immediately be
739 provided with: (i) information and records relevant to the cause of the fatality or near fatality
740 maintained by providers of medical or other care, treatment or services, including dental and
741 mental health care; (ii) information and records relevant to the cause of the fatality or near
742 fatality maintained by any state, county or local government agency, including, but not limited
743 to, birth certificates, medical examiner investigative data, parole and probation information
744 records and law enforcement data post-disposition; provided, however, that certain law
745 enforcement records may be exempted by the local district attorney; (iii) information and records
746 of any provider of social services, including the department, relevant to the child or the child’s
747 family, that the local team deems relevant to the review; and (iv) demographic information
748 relevant to the child and the child’s immediate family, including, but not limited to, address, age,
749 race, gender and economic status. The district attorney may enforce this paragraph by seeking an
750 order of the superior court.
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751(d) Any privilege or restriction on disclosure established pursuant to chapter 66A, section
752 70 of chapter 111, section 11 of chapter 111B, section 18 of chapter 111E, chapter 112, chapter
753 123, section 20B, 20J or 20K of chapter 233 or any other law relating to confidential
754 communications shall not prohibit the disclosure of this information to the chair of the state team
755 or a local team. Any information considered to be confidential pursuant to the aforementioned
756 statutes may be submitted for a team’s review upon the determination of that team’s chair that
757 the review of this information is necessary. The chair shall ensure that no information submitted
758 for a team’s review is disseminated to parties outside the team. No member of a team shall
759 violate the confidentiality provisions set forth in the aforementioned statutes. Except as
760 necessary to carry out a team’s purpose and duties, members of a team and persons attending a
761 team meeting shall not disclose any information relating to the team’s business. Team meetings
762 shall be closed to the public. Information and records acquired by the state team or by a local
763 team pursuant to this chapter shall be confidential, exempt from disclosure under chapter 66 and
764 may only be disclosed as necessary to carry out a team’s duties and purposes. Statistical
765 compilations of data that do not contain any information that would permit the identification of
766 any person may be disclosed to the public.
767(e) Members of a team, persons attending a team meeting and persons who present
768 information to a team shall not be questioned in any civil or criminal proceeding regarding
769 information presented in or opinions formed as a result of a team meeting.
770(f) Information, documents and records of the state team or of a local team shall not be
771 subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding;
772 provided, however, that information, documents and records otherwise available from any other
773 source shall not be immune from subpoena, discovery or introduction into evidence through
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774 these sources solely because they were presented during proceedings of a team or are maintained
775 by a team.
776(g) Nothing in this section shall limit the powers or duties of the child advocate or district
777 attorneys.
778Section 18. The office shall, every 3 years, oversee the review of child welfare data
779 reporting and make recommendations for improvements to the report and profile pursuant to
780 subsections (a) and (b) of section 26 of chapter 18B and other reports required pursuant to
781 subsections (c), (d) and (e) of said section 26 of said chapter 18B, or the data measures, progress
782 measures and outcome measures pursuant to section 128 of chapter 47 of the acts of 2017.
783 Following the release of the department’s annual report, the office shall seek input from the
784 public, advocates and diverse stakeholders from across the commonwealth. The office shall
785 consult with other individuals with relevant expertise, including academics, researchers and
786 service providers. Following such review, the office shall post a report on the office’s website on
787 its recommendations, together with drafts of any legislation necessary to carry out its
788 recommendations and an aggregate response to the comments.
789Section 19. (a) There shall be within the office a youth engagement program, to ensure
790 that the voices and experiences of youth in congregate care and other out‑of‑home placements
791 inform statewide policy, oversight and program improvement.
792(b) The youth engagement program shall conduct not less than 4 youth listening sessions
793 annually in congregate care settings, including but not limited to group homes, residential
794 schools, community‑based acute treatment programs and other placements serving children in
795 the care or custody of the commonwealth. Sessions shall be facilitated in a trauma‑informed,
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796 developmentally appropriate manner and shall ensure confidentiality consistent with applicable
797 law.
798(c) The office shall annually compile and publish a youth engagement report
799 summarizing any findings and recommendations. The report shall be submitted to the clerks of
800 the senate and house, the senate and house committees on ways and means, the joint committee
801 on children, families and persons with disabilities and the department of children and families
802 and shall be posted publicly in accordance with section 19 of chapter 66.
803(d) The office may consult with youth‑serving agencies, including the department of
804 children and families, the department of mental health, the department of youth services, the
805 department of elementary and secondary education and the department of early education and
806 care, to facilitate participation and ensure that youth feedback is incorporated into agency
807 oversight and improvement efforts.
808SECTION 40. Section 2A of chapter 38 of the General Laws is hereby repealed.
809SECTION 41. Said chapter 38 is hereby further amended by adding the following
810 section:-
811Section 17. (a) In all cases of sudden unexpected pediatric death, the office shall provide
812 the caregivers of the deceased with information from the office of the child advocate, including a
813 list of publicly available services for sudden unexpected pediatric death and information about
814 how to receive support from the office of the child advocate in accordance with clause (i) of the
815 first paragraph of section 2 of chapter 18C. The office of the chief medical examiner shall
816 provide such list to the caregivers of the deceased not more than 3 days after receipt of the
817 decedent.
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818(b) The office, in coordination with the department of public health, shall provide, as
819 close to the time of a sudden unexpected pediatric death as practicable, information provided by
820 the office of the child advocate, including a list of publicly available services and information
821 about accessing support from the office of the child advocate pursuant to subsection (d) of
822 section 5 of chapter 18C.
823SECTION 42. Chapter 71 of the General Laws is hereby amended by inserting after
824 section 34H the following section:-
825Section 34I. (a) Each public elementary and secondary school shall provide the education
826 records of a student in the custody of the department of children and families in a timely and
827 appropriate manner to a case worker or other authorized representative from the department of
828 children and families upon request.
829(b) Upon receipt of notification from the department of children and families, as required
830 by subsection (k) of section 23 of chapter 119, that it has been determined it is not in the best
831 interest of a student to remain at their school district of origin, the new school district of
832 enrollment shall immediately enroll the student even if the student is unable to produce records
833 normally required for enrollment, including, but not limited to: (i) proof of residency; (ii)
834 academic records; (iii) individualized education programs; (iv) discipline records; (v) documents
835 evidencing proof of custody; (vi) identification documents; and (vii) medical, health, and
836 immunization records; provided, however, that schools may require emergency contact
837 information for a student. Immediate enrollment shall not preclude the new school district from
838 requiring or working to obtain outstanding records normally required for enrollment or from
839 requiring records normally required for ongoing enrollment.
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840(c) The new school district of enrollment shall immediately request, from the school
841 district of origin, the regularly required enrollment forms and a transfer of any additional
842 education records of the student, including but not limited to: (i) immunization records and other
843 health records possessed by the school; (ii) academic transcripts; (iii) class enrollment history,
844 including any advanced or remedial courses; (iv) attendance records; (v) individualized
845 education program or section 504 plan, as applicable; and (vi) disciplinary records and other
846 records contained in the student’s temporary education record maintained centrally by the
847 school, to the new school district of enrollment. The school district of origin shall transfer such
848 student records immediately and without the prior consent of a parent or guardian, consistent
849 with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
850(d) The board of elementary and secondary education shall promulgate regulations to
851 implement the provisions of this section, including specific timelines for the transfer of education
852 records for students in the custody of the department of children and families. When
853 promulgating regulations under this section, the board shall consider the use of electronic
854 repositories to facilitate the transfer of students’ educational records.
855SECTION 43. Section 21 of chapter 119 of the General Laws, as appearing in the 2024
856 Official Edition, is hereby amended by striking out the definition of “Child requiring assistance”
857 and inserting in place thereof the following definition:-
858''Child requiring assistance'', a child between the ages of 12 and 18 who is not currently in
859 the custody of the department of children and families or the department of youth services who:
860 (i) repeatedly runs away from the home of the child’s parent, legal guardian or custodian; (ii)
861 repeatedly fails to obey the lawful and reasonable commands of the child's parent, legal guardian
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862 or custodian, thereby interfering with their ability to adequately care for and protect the child;
863 (iii) repeatedly fails to obey the lawful and reasonable regulations of the child’s school; (iv) is
864 habitually absent without permission; or (v) is a sexually exploited child.
865SECTION 44. Said section 21 of said chapter 119, as so appearing, is hereby further
866 amended by striking out the definition of “habitually truant” and inserting in place thereof the
867 following definition:-
868“Habitually absent without permission”, a child, not excused from attendance under the
869 lawful and reasonable regulations of such child’s school, who willfully fails to attend school for
870 more than 8 school days in a quarter.
871SECTION 45. Subsection (f) of section 23 of said chapter 119, as so appearing in the
872 2024 Official Edition, is hereby amended by striking out the sixth sentence.
873SECTION 46. Subsection (h) of said section 23 of said chapter 119, as so appearing, is
874 hereby amended by striking out the second paragraph.
875SECTION 47. Said section 23 of said chapter 119, as so appearing, is hereby further
876 amended by adding the following subsection:-
877(k) When a school-aged child who is in the custody of the department is placed in or
878 transferred to an out-of-home placement, the department shall timely notify the school-aged
879 child’s current school district of enrollment of such placement or transfer; provided further, that
880 if it is determined it is not in the school-aged child’s best interest to remain at their school district
881 of origin, the department shall timely notify the new school district of enrollment of the school-
882 aged child’s transfer in enrollment.
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883SECTION 48. Said chapter 119 is hereby further amended by inserting after section 23D
884 the following section:-
885Section 23E. (a) Each child in the custody or care of the department has the following
886 rights:
887(1) Safety and Security:
888(i) Each child shall be treated with dignity, respect and consideration, and shall have the
889 right to have their privacy respected.
890(ii) Each child has the right not to be harmed by department staff, foster parents or
891 service providers.
892(iii) Each child has the right not to be discriminated against or harassed by department
893 staff, foster parents, the child’s attorney or service providers on the basis of religion, race, color,
894 creed, gender, gender identity, gender expression, sexual orientation, national origin, age,
895 disability, culture, language or ethnicity.
896(iv) Each child has the right to a placement that is free from physical, psychological,
897 sexual, emotional or other abuse, neglect or exploitation.
898(v) Each child has the right to access personal possessions, personal space and privacy
899 with allowance for safety.
900(vi) Each child has the right to control the taking, use and disclosure of all pictures of
901 themselves; provided, however, that the exercise of the right may be subject to limitations
902 necessary to protect the wellbeing, health or safety of the child.
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903(vii) Each child has the right to access sufficient healthy food, clothing, personal care
904 products, appropriate self-care needs for their hair and body, as well as items that preserve and
905 promote the child’s religion, culture and gender identity.
906(viii) Each child has the right to be placed in a safe and nurturing environment and
907 receive appropriate care and treatment in the least restrictive setting available that can meet the
908 child’s needs and address their trauma history.
909(ix) Each child has the right not to be placed, housed or detained in a secure department
910 of youth services placement based on the department’s inability to provide an available and
911 appropriate foster placement. The department shall not advocate for bail of any amount for
912 children in its care or custody.
913(x) Each child has the right to developmentally appropriate information about a foster
914 family or program prior to being placed whenever possible and, whenever possible and
915 appropriate, shall have an opportunity to meet the foster parent or program staff before
916 placement occurs. If the foster placement is only able to accommodate the child for a limited
917 time, the child shall be notified of the anticipated duration of the child’s stay with that foster
918 placement. The child shall be informed of a placement change and any reason for the change at
919 least 5 days in advance whenever possible. When a change is made in an emergency
920 circumstance, the child shall be given as much notice as possible. The child’s belongings shall be
921 packed with care and the child shall be allowed to bring their essential belongings and comfort
922 items with them.
923(2) Connections to Family, Community and Identity:
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924(i) Each child has the right to know, understand, learn about and develop the child’s
925 racial, cultural, linguistic, gender, religious and ethnic identity, including but not limited to
926 clothing, hair, other cultural expressions of identity and body care and to a placement that will
927 provide or maintain the connections necessary to preserve and promote the child’s identities.
928(ii) To the best of the department’s ability, each child has the right to preserve and
929 maintain all languages the child entered care speaking and to reside in a placement that provides
930 or facilitates appropriate language access.
931(iii) Each child has the right to a placement that supports and affirms their identity,
932 including on the basis of religion, race, color, creed, gender, gender identity, gender expression,
933 sexual orientation, national origin, age, disability, culture, language or ethnicity.
934(iv) Each child has the right to choose whether or not and to whom to disclose
935 information about their sexual orientation and gender identity, and the right to have that
936 information not further disclosed without their consent, unless required to protect the child’s
937 health and safety, or where compelled by law or court order.
938(v) Each child has the right to timely permanency which includes stabilization of family,
939 reunification, adoption, guardianship, care with kin or another planned permanent living
940 arrangement.
941(vi) Each child has the right to a placement identified and located through due diligence
942 that prioritizes the child’s relatives and kinship, using full and fair consideration, as potential
943 placement providers, when the child cannot remain safely at home with their parent or parents.
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944(vii) Each child has the right to frequent and meaningful contact with the child’s siblings
945 or half-siblings, facilitated by the department pursuant to section 26B of chapter 119. The
946 department shall prioritize placement with the child’s siblings or half-siblings in all settings and
947 permanency plans, including but not limited to foster care, congregate care, and adoption, unless
948 the joint placement is contrary to the safety, well-being, or permanency of any of the siblings.
949(viii) Each child has the right to family time of a duration and frequency and in a setting
950 that (A) is consistent with the developmental or clinical needs of the child and (B) promotes and
951 preserves their connections with their family. Family time shall take place in person and outside
952 of a department office whenever possible.
953(ix) Each child has the right to other forms of parental contact, including but not limited
954 to mail, phone calls, videoconferences, email and texts if they have their own phone and if not
955 harmful to the safety or well-being of the child. All placements shall facilitate access to virtual
956 forms of contact if safe and appropriate.
957(x) Each child has the right to assistance to maintain positive contact with other family
958 members and significant other positive relationships in the child’s life, including but not limited
959 to extended family, family friends, teachers, friends and community individuals.
960(xi) Each child has the right to be treated as a family member in a foster family and,
961 whenever possible, be included in a foster family’s activities, holidays and traditions while
962 taking into consideration factors that include but are not limited to the child’s age and trauma
963 history. Each child shall have the opportunity to be included in the daily activities of the family
964 and to maintain the most normal daily routine and environment as possible. If choosing not to
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965 take part, each child or young adult shall have the opportunity to discuss their reasons with the
966 social worker and foster family.
967(3) Health Care and Accessibility:
968(i) Each child has the right to access appropriate, timely and gender-affirming medical,
969 reproductive, dental, vision, mental and behavioral health services regularly and more often as
970 needed.
971(ii) Each child has the right to discuss any questions or concerns the child has relating to
972 medication or other physical, mental or behavioral health treatment with a healthcare provider
973 and to understand the medications or treatment provided, its purposes and side effects in a
974 developmentally appropriate way.
975(iii) Each child has the right to out-of-home placements with reasonable accommodations
976 for any disabilities the child may have, consistent with state and federal law. Reasonable
977 accommodations shall be provided in a timely manner and in such a way as to protect the privacy
978 of the child. Each child also has a right to discuss any disabilities with the department and
979 request adaptive equipment, auxiliary aids or services.
980(4) Education, Employment and Social Connections:
981(i) Each child has the right to attend school regularly, to educational stability, to
982 educational supports and to an education that meets their needs under federal and state law.
983(ii) Each child has the right for the department to prioritize school stability by
984 maintaining the child at their school of origin unless it is found, in a Best Interest Determination
985 meeting pursuant to federal law, not to be in their best interest to do so.
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986(iii) Each child has the right to participate in developmentally appropriate school,
987 extracurricular, enrichment, religious, cultural, linguistic, ethnic and social activities and to have
988 any placement provider use the reasonable and prudent parenting standard when making
989 decisions regarding participation in such activities.
990(iv) Each child has the right to achieve developmentally and religiously appropriate, age-
991 related milestones, including but not limited to obtaining a driver’s license, opening bank
992 accounts, birthday celebrations, religious ceremonies or graduations.
993(v) Each child has the right to be informed of and supported in accessing all available
994 services through the department, including but not limited to educational, vocational and
995 employment services, assistance in acquiring life skills, educational assistance including but not
996 limited to tuition and fee waivers for post-secondary education, financial support, housing
997 support, assistance with credit reports and resolving inaccuracies, training and career guidance to
998 accomplish personal goals and prepare for the future, employment supports available to children
999 in care and adaptive equipment or auxiliary aids and supports.
1000  (vi) Each child has the right to developmentally appropriate education on financial
1001   preparedness, job readiness, appropriate use of social media, education options, healthy
1002   relationships, physical, mental, sexual and reproductive health.
1003  (5) Resources and Supports:
1004  (i) Each child has the right to reasonable access to a social worker who can make action
1005   plan decisions. Each child shall have opportunities for the child to have private conversations
1006   with a social worker regarding any questions, grievances or concerns. Reasonable access shall
1007   include providing the child with the department’s social worker and supervisor’s office telephone
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1008   numbers and email addresses as well as, at a minimum, monthly visits by the department. The
1009   department shall also provide the child an emergency contact number for the department during
1010   non-business hours for emergency and safety issues.
1011  (ii) Each child has the right to participate as developmentally appropriate in the
1012   development and review of the action plans and family time and visitation plans, their
1013   individualized education program and best interest determination and shall be consulted as the
1014   department formulates or updates said items. Children aged 14 and older shall also be presented
1015   with the action or service plan for their review, written feedback and signature.
1016  (iii) Each child has the right to be informed, in a developmentally appropriate way, of the
1017   meaning of all documents that they are asked to sign by the department or its agents, contractors
1018   or providers including the voluntary agreement for placement and documents of similar
1019   importance. Except in emergency situations when immediate action is required, a child shall
1020   have their attorney present whenever asked to sign any documents by the department or its
1021   agents, contractors or providers, or the document shall be provided in a timely fashion to the
1022   child’s attorney to give an opportunity for review in advance of presenting it for signature.
1023  (iv) Each child has the right to be informed in a developmentally appropriate way of the
1024   reasons the department became involved with the child’s family, why the child came into care
1025   and why the child is still in care. The department shall offer support through the review process
1026   to address any possible trauma caused by a child’s access to their case files. Upon turning 18, the
1027   young adult shall have the right to access their individual information from their case files,
1028   barring any state or federal law that would prohibit the department from allowing the release of
1029   information.
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1030  (v) Each child aged 14 or older has the right to be included in foster care review
1031   meetings, permanency hearings and lead agency team meetings except for those parts that
1032   involve information that is confidential regarding their parents or a previous or future adoptive,
1033   kinship or foster parent under federal or state law, and unless documented by court order that
1034   participation would be detrimental to the child. The department shall provide the child the ability
1035   to offer confidential input to the department before a final decision is made with respect to
1036   determining or changing placement or permanency. If the child is unable to attend in person, by
1037   phone or video, the child shall have the right to submit a written statement to be considered at the
1038   meeting or hearing.
1039  (vi) Each child and young adult has the right to adequate notice of all court hearings by
1040   their attorney. To the extent possible, the notice shall include the date, time and location of the
1041   hearing. If developmentally appropriate, the child’s social worker and the child’s attorney shall
1042   inform them of actions or decisions made by the court. In a developmentally appropriate manner,
1043   the child’s attorney shall ensure the child understands the child’s right to attend their annual
1044   permanency hearings and speak to the judge regarding any decision that may have an impact on
1045   the child’s life.
1046  (vii) Each child and young adult has the right to access their medical, dental and
1047   educational records held by the department as well as their personal documents, including but
1048   not limited to social security card, birth certificate, health insurance information, state
1049   identification card, driver’s license, passport and documentation related to their immigration
1050   status, including work authorization, in a developmentally appropriate way. When a child or
1051   young adult leaves the care of the department, they shall be given copies of medical, dental and
1052   educational records held by the department and original copies of all personal documents. The
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1053   department shall further provide contact information for providers who are currently providing
1054   care for the young adult. The department shall begin planning to return the documents to the
1055   child at least 30 days before the young adult leaves care.
1056  (viii) Each child and young adult has the right to change their name and the right to
1057   change their gender marker on official documents with assistance from the child or young adult’s
1058   attorney and the department, and to have all relevant legal documents updated accordingly.
1059  (ix) Each eligible child and young adult has the right to obtain a state identification card
1060   with the department’s assistance.
1061  (x) Each child and young adult has the right to an attorney pursuant to section 29 of
1062   chapter 119 and to meaningful contact with said attorney, including at foster care reviews. Each
1063   child shall be informed, when appropriate, of the name and phone numbers of the assigned
1064   attorney. Each child, child’s parent and foster parent shall be informed, when appropriate, that
1065   the child can contact the child’s attorney, and of the processes to file a complaint regarding the
1066   child’s attorney and to request a change of attorney for the child.
1067  (xi) Each child, and their attorney, has the right to be informed if the department applies
1068   for any benefits on behalf of the child, including but not limited to benefits under Title XVI of
1069   the Social Security Act, also referred to as supplemental security income; benefits under Title II
1070   of the Social Security Act, also referred to as retirement, survivors or disability benefits, and if
1071   the department applies to be the representative payee for such benefits. The department shall
1072   preserve all of such funds received in an interest-bearing account belonging to the child so the
1073   funds are available for the child’s benefit and use while they are in care, and the child’s use when
1074   they turn 18. The department shall not use such funds for the customary costs of foster care, nor
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1075   shall it use such funds to pay the costs of items which would ordinarily be funded by another
1076   source. If necessary, the department shall preserve said funds in an achieving a better life
1077   experience account authorized by 26 U.S.C. § 529A, or another trust account for the child
1078   determined not to interfere with supplemental security income or asset limitations for any other
1079   benefit program.
1080  (6) Transition Age Youth:
1081  (i) Each child and young adult, age 14 or older, has the right to collaborate with the
1082   department to plan their transition from foster care to adulthood. Transition planning should
1083   cover all areas needed for a youth to be stable and successful as an adult, including but not
1084   limited to, planning for visits or contact with parents and siblings; building relationships with
1085   other caring adults, particularly with life-long connections; making an education plan including
1086   post-secondary education; finding vocational, employment and career counseling and placement;
1087   securing stable housing; developing expertise in daily living skills; maintaining physical,
1088   reproductive and mental health care and health insurance; learning how to access community
1089   resources and public benefits and services; connecting with other state agencies; developing
1090   financial skills including, but not limited to, understanding budgeting and money management as
1091   well as checking and savings accounts; and receiving, understanding and correcting, if
1092   applicable, the child’s consumer credit report.
1093  (ii) Each young adult who turns 18 while in the custody of the department, has the right
1094   to continue under the responsibility of the department and receive young adult services until
1095   turning 22 years of age, pursuant to federal and state requirements, unless completing an
1096   educational program until age 23. Each young adult has the right to be offered a voluntary
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1097   placement agreement by the department in the month prior to their turning 18 years old. The
1098   voluntary placement agreement shall be developed together with the child or young adult during
1099   permanency and transition planning. Each child or young adult has the right to be made aware of
1100   this right and any federal requirements governing services for transition age youth throughout the
1101   transition planning process.
1102  (iii) Each child has the right to begin transition planning at least 1 year prior to turning 18
1103   years old, crafted by the department at the direction of the transition-age youth, regardless of
1104   whether they will continue under the responsibility of the department upon turning 18, that
1105   includes personalized, detailed, tangible, available and clear options for resources for meeting
1106   their basic needs including, but not limited to, housing, education and vocational supports which
1107   fulfill the requirements of 42 U.S.C. § 675(5)(H), as amended.
1108  (iv) Each young adult who has chosen to remain under the responsibility of the
1109   department has the right to engage and re-engage with the department under a voluntary
1110   placement agreement at any time for any reason.
1111  (v) Each young adult who has chosen to remain under the responsibility of the
1112   department, who is leaving care at age 18 or who is re-entering care has the right to be housed
1113   and provided information about and assistance with securing all department-identified,
1114   appropriate housing opportunities.
1115  (7) Remedies.
1116  (i) Each child has the right to have these rights enforced. The department shall not
1117   retaliate against or punish a child for asserting their rights. Nothing in this section shall be
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1118   construed to diminish the rights, privileges or remedies of any person under any other federal or
1119   state law.
1120  (ii) Each child has the right to department-provided contact information for the
1121   ombudsperson and the office of the child advocate when they enter the care and custody of the
1122   department and upon request. If it is developmentally inappropriate to provide the child with
1123   such information, a child’s attorney shall be provided with this contact information.
1124  (iii) If the child and the child’s attorney believe any of the above rights have been
1125   violated, each child has the right to discuss the alleged violation with the department’s
1126   ombudsman, file a grievance with the department or file a complaint with the office of the child
1127   advocate. The department shall not retaliate against or punish a child, a child’s parent, an
1128   attorney, a social worker, a foster parent or placement provider for asserting this right. If the
1129   department or the office of the child advocate determines the child’s rights have been violated,
1130   the department shall resolve the violation as soon as practicable and make corrections so that the
1131   violation does not reoccur.
1132  (b) The rights enumerated in subsection (a) shall be obligations of the department. The
1133   department shall amend any regulations or policies that may conflict with this section in a timely
1134   fashion.
1135  (c) The rights enumerated in subsection (a) are not an exhaustive list of rights to which
1136   children under the custody, care or responsibility of the department are entitled and should not be
1137   read to limit the rights of children, or the responsibilities of the department, in any way.
1138  (d) The department shall create, in consultation with community members and young
1139   people with lived experience in the child welfare system, a simple and plain language version of
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1140   these rights as enumerated in subsection (a) so that they are accessible and easily understood by
1141   children and young adults in the department’s care. The department shall present the document
1142   to each child in its care, or when developmentally appropriate to the child’s attorney, the parents
1143   of each child in its care and the foster parent or placement provider of each child in its care. The
1144   department and the child’s attorney shall explain these rights to the child in a developmentally
1145   appropriate way when the child enters the department’s care. The department shall ensure the
1146   document is translated into the preferred language of the child or young adult in care, the child’s
1147   parents and the foster parents. The document shall be posted in all congregate care facilities in a
1148   public space where all residents have access, prominently on the department’s website and in all
1149   area offices.
1150  SECTION 49. Said chapter 119 is hereby further amended by inserting after section 29D
1151   the following section:-
1152  Section 29E. (a) Not later than 3 business days after a non-emergency change in a child’s
1153   or a young adult’s placement or any non-emergency hospitalization, the department shall provide
1154   notice of the change in placement or hospitalization to the child’s or the young adult’s counsel.
1155  (b) Not later than 1 business days after any emergency change in a child’s or a young
1156   adult’s placement or any emergency hospitalization, the department shall provide notice of the
1157   change in placement or hospitalization to the child’s or the young adult’s counsel.
1158  (c) Not later than 3 business days after receipt of a report under section 51A, the
1159   department shall provide notice to a child’s counsel if it receives a report under section 51A and
1160   the child is the subject of the report.
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1161  (d) Not later than 1 business day after the department receives a report under section 51A
1162   that raises substantial questions regarding the suitability of the child’s or young adult’s current
1163   placement or any of the child’s or young adult’s service providers, the department shall provide
1164   notice to a child’s counsel or a young adult’s counsel.
1165  (e) The department shall provide notice to a child’s or young adult’s counsel within 3
1166   business days whenever the department becomes aware of: (i) the child or young adult being
1167   arrested; (ii) the child’s or young adult’s involvement in any proceeding under this chapter or
1168   any criminal investigation or proceeding; (iii) the child or young adult being suspended or
1169   expelled from school; or (iv) the child or young adult being the subject of any proceeding
1170   regarding their suspension or expulsion from school.
1171  (f) The department’s attorney portal shall provide timely automated notifications not later
1172   than 1 business day for all events pursuant to subsections (a) and (b).
1173  SECTION 50. Section 29E of said chapter 119, inserted by section 49, is hereby amended
1174   by striking out subsection (f) and inserting in place thereof the following subsection:-
1175  (f) The department’s attorney portal shall provide automated notifications not later than 1
1176   business day for all events pursuant to subsections (a) to (d), inclusive.
1177  SECTION 53. Section 39½ of said chapter 119, as so appearing, is hereby amended by
1178   striking out the eighth paragraph.
1179  SECTION 51. Said chapter 119 is hereby further amended by striking out section 39E, as
1180   appearing in the 2024 Official Edition, and inserting in place thereof the following section:-
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1181  Section 39E. (a) Any division of the juvenile court department may receive and hear
1182   requests for assistance stating that there is a child requiring assistance or a family requiring
1183   assistance as defined in section 21, pursuant to this section or sections 39F to 39I, inclusive.
1184   Proceedings pursuant to this section and said sections 39F to 39I, inclusive, shall not be deemed
1185   criminal proceedings and any record of such proceedings, including the filing of an application
1186   for assistance and creation of a docket, shall not be entered in the criminal offender record
1187   information system. Notwithstanding any general or special law to the contrary, no record
1188   pertaining to the child involved in the proceedings shall be maintained or remain active after the
1189   application for assistance has been dismissed; provided, however, that nothing herein shall be
1190   construed to prohibit the maintenance or reporting of information after records pertaining to the
1191   matter have been expunged, provided that the information is kept in a manner that does not
1192   enable identification of the child or petitioner and is used solely for statistical or bona fide
1193   research purposes. The identity and record of any child for whom an application for assistance is
1194   filed shall not be submitted to the department of criminal justice information services, criminal
1195   offender record information system, court activity record index or any other criminal record
1196   information system. Proceedings under this section and sections 39F to 39I, inclusive, shall be
1197   confidential and not open to the public. Subject matter jurisdiction of the Boston juvenile court
1198   under this section shall extend to the territorial limits of Suffolk county.
1199  (b) A parent, legal guardian or custodian of a child having custody of such child, may
1200   initiate an application for assistance in any of the juvenile courts stating that said child repeatedly
1201   runs away from the home of said parent or guardian or repeatedly refuses to obey the lawful and
1202   reasonable commands of said parent, guardian or custodian resulting in said parent, guardian or
1203   custodian’s inability to adequately care for and protect said child. The application shall state
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1204   whether the child or the child’s family has visited or received services from a family resource
1205   center within 180 days of submitting the application. Before scheduling a hearing on an
1206   application for assistance, the clerk shall provide to the petitioner: (i) informational materials
1207   prepared by the court that: (A) explain the court process; (B) include the types of orders that the
1208   court may issue and the possibility of changes in the custody of the child; and (C) include an
1209   explanation of the services that may be available through the court process, including language
1210   translation services and reasonable accommodations, and the manner in which those services
1211   may be delivered; and (ii) informational materials developed by the child advocate under section
1212   15 of chapter 18C. If the child or the child’s family indicates on the application that they have
1213   not visited or received services from a family resource center within the last 180 days, the clerk
1214   shall refer the child and the child’s family to a family resource center before scheduling a hearing
1215   on the application. If the petitioner has visited or received services from a family resource center
1216   within the last 180 days and decides to proceed after receiving the required informational
1217   materials or affirmatively waives the referral in writing and decides to proceed, the clerk shall set
1218   a hearing date forthwith, but not later than 15 days after the request is presented to the clerk for
1219   filing, to determine whether assistance is needed, and shall notify the child of such hearing;
1220   provided, however, that the court shall not in any way encourage the petitioner to waiver the
1221   referral.
1222  (c)(1) A school district may initiate an application for assistance stating that a child is not
1223   excused from attendance in accordance with the lawful and reasonable regulations of such child's
1224   school, has willfully failed to attend school for more than 8 school days in a quarter or repeatedly
1225   fails to obey the lawful and reasonable regulations of the child’s school. The application for
1226   assistance shall set forth: (i) whether and when the child and the child's caregivers have been
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1227   referred to a family resource center; (ii) the specific steps taken by the school district to support
1228   the child’s attendance, if applicable; (iii) the specific court intervention that the school district is
1229   seeking to support the child in returning to school or improving the child’s conduct; and (iv) if
1230   the application for assistance states that a child has repeatedly failed to obey the lawful and
1231   reasonable regulations of the school and a statement of the specific steps taken by the school to
1232   attempt to improve the child’s conduct. An application that indicates that the school district has
1233   not made the caregiver referral to a family resource center required under subsection (f) of
1234   section 16U of chapter 6A shall not be scheduled for a hearing The school district shall not
1235   initiate an application for assistance to address matters that fall within the school’s legal
1236   responsibility under federal and state law including, but not limited to, the creation or
1237   amendment of an individualized education program, decisions regarding the educational
1238   placement of a student pursuant to an individualized education program or the creation or
1239   amendment of a section 504 plan to provide the student with accommodations that allow the
1240   student to have equal access to education.
1241  (2) Before an application for assistance initiated by a school district is scheduled for a
1242   hearing, a probation officer shall consult with the family resource center to which the child and
1243   the child’s family was referred. Staff at a family resource center shall be authorized to report to a
1244   probation officer if the child has met with a case manager pursuant to subsection (c) of section
1245   16U of chapter 6A. The family resource center shall, in writing, indicate to the probation officer
1246   whether: (i) in its opinion, it believes the child and the child’s family have exhausted all relevant
1247   community-based service options that are reasonably available to them; and (ii) the child’s
1248   family has failed to contact the family resource center following referral or if the family has
1249   declined to engage with offered services. Any other information about the child or family shall
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1250   be kept confidential as required by section 16U of chapter 6A. The family resource center shall
1251   file the written report with the probation officer within 5 business days of receiving the request
1252   from the probation officer; provided, however, that such request shall not be made within 10
1253   business days of the school’s referral to the family resource center. If the family resource center
1254   indicates to the probation officer that community-based options reasonably available to the
1255   family have not been exhausted, that the family has engaged with the family resource center and
1256   with offered services and the supports requested in the filing can be obtained from the family
1257   resource center or through a community-based service provider or state agency to which the
1258   family resource center is able to connect the child and the child’s family, the application for
1259   assistance shall be dismissed by the court unless specific court intervention sought by the school
1260   district is materially different than the services and supports offered by the family resource
1261   center, provided however, that probation supervision shall be considered materially the same as
1262   case management provided by a family resource center. The probation officer may refer the child
1263   to an appropriate public or private organization or person for psychiatric, psychological,
1264   educational, occupational, medical, dental, social or substance use treatment services.
1265  (3) If the family resource center does not respond to the request from the probation
1266   officer or indicates that the family has not engaged with the family resource center or with
1267   offered services or that all community-based service options relevant to the child’s needs and
1268   reasonably accessible to the petitioner have been exhausted, and the petitioner decides to
1269   proceed, the clerk shall set a date for a hearing forthwith, but not later than 15 days from the lack
1270   of response or receipt of the response from the family resource center, to determine whether
1271   assistance is needed, and shall notify the child of such hearing.
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1272  (d)(1) With respect to applications for assistance initiated pursuant to subsections (b) or
1273   (c) and for which the clerk has scheduled a hearing, the court shall hold a hearing in which it
1274   shall receive the recommendation of the probation officer and shall either: (i) decline to accept
1275   the application for assistance because there is no probable cause to believe that the child and the
1276   child’s family are in need of assistance; (ii) decline to accept the application for assistance
1277   because it finds that the interests of the child would best be served by informal assistance, in
1278   which case the court shall, with the consent of the child and the child’s parents or guardian, refer
1279   the child to a probation officer for assistance; or (iii) accept the application for assistance and
1280   schedule a fact-finding hearing. If the child is brought in on custodial protection, the court shall
1281   accept an application for assistance unless one has already been filed, and the court shall
1282   immediately request the probation officer promptly to make like inquiry and thereafter report to
1283   the court the probation officer’s recommendation as to whether the interests of the child can best
1284   be served through referral to community-based services or informal assistance without a fact-
1285   finding hearing. Upon receiving such recommendation, the court may hold a hearing and shall
1286   decide whether to proceed with a fact-finding hearing or to refer the child to the care of a
1287   probation officer for assistance.
1288  (2) When an application for assistance is dismissed under this section, the court shall
1289   enter an order directing expungement of any records of the request and related proceedings
1290   maintained by the clerk, the court, the department of criminal justice information services, the
1291   court activity record index and the probation department that directly pertain to the application
1292   for assistance. Nothing herein shall be construed to prohibit the maintenance or reporting of
1293   information relating to any petition filed under this section and sections 39F to 39I, inclusive,
1294   after records pertaining to the matter have been expunged, provided that the information is kept
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1295   in a manner that does not enable identification of the child or petitioner and is used solely for
1296   statistical or bona fide research purposes.
1297  (3) Whenever a child is referred to a probation officer for assistance, such officer may
1298   conduct conferences with the child and the child’s family to effect adjustments or agreements
1299   that are calculated to resolve the situation which formed the basis of the application for
1300   assistance and that will eliminate the need for a fact-finding hearing. During the pendency of
1301   such referrals or conferences, neither the child nor the child’s parents shall be compelled to
1302   appear at any conferences, produce any papers or visit any place; provided, however, that if the
1303   child or the child’s parents fail to participate in good faith in the referrals, agreements or
1304   conferences arranged by the probation officer, the probation officer shall so certify in writing,
1305   and the clerk shall accept the application for assistance if one has not already been accepted and
1306   shall set a date for a fact-finding hearing. The judge who conducted the hearing on the
1307   acceptance of the application for assistance shall not preside at any subsequent hearing.
1308   Conferences and referrals arranged under this section may extend for a period not to exceed 90
1309   days from the date that the application for assistance was initially filed, unless the parent and
1310   child voluntarily agree in writing to a continuation of such conferences or referrals for an
1311   additional period not to exceed 90 days from the expiration of the initial period. Upon the
1312   expiration of the initial 90-day period, or of such additional 90-day period, the application for
1313   assistance, if any, shall be dismissed and the child and the child’s parents discharged from any
1314   further obligation to participate in such conferences and referrals, or an application for assistance
1315   shall, if not already accepted, be accepted and a date set for a fact-finding hearing. No statements
1316   made by a child or by any other person during the period of inquiries, conferences or referrals
1317   may be used against the child at any subsequent hearing to determine that the child requires
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1318   assistance, but such statements may be received by the court after the fact-finding hearing for the
1319   purpose of disposition.
1320  (4) The commissioner of probation shall establish a system to collect data on all requests
1321   for assistance made and how they are resolved under this section and sections 39F to 39I,
1322   inclusive. Such system shall maintain the privacy of clients served, assist the court in identifying
1323   and addressing the needs of the population to be served and collect information related to: (i)
1324   demographics of the child, including but not limited to the racial and ethnic identity of the child,
1325   age, primary language, disability status and gender; (ii) the insurance status and coverage of
1326   clients served; (iii) whether the child had received support from a family resource center
1327   pursuant to section 16U of chapter 6A or another community-based organization prior to filing,
1328   the supports requested as detailed in the application, the needs identified by the probation officer,
1329   the length of time a child has been receiving assistance from a probation officer, including the
1330   time prior to and subsequent to the filing of an application for assistance; (iv) whether a school-
1331   initiated filing involves a need for services or placement decisions that fall within the legal
1332   responsibility of the school district under federal or state law; (v) the identity of any public or
1333   private organization to whom a probation officer has referred a child or family for services; and
1334   (vi) any other information that may assist the commissioner and the court in evaluating the
1335   availability and effectiveness of services for children who are the subjects of requests for
1336   assistance under this section. The probation officer shall gather information concerning each
1337   child and family referred to the officer including, but not limited to, (A) insurance status and
1338   coverage; (B) the child’s school district; (C) whether the child or family received support from a
1339   family resource center pursuant to said section 16U of said chapter 6A; (D) the supports
1340   requested as detailed in the child requiring assistance application; (E) the needs identified by the
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1341   probation officer; and (F) other information that may assist the commissioner of probation and
1342   the court in evaluating the availability and effectiveness of services for children who are the
1343   subjects of requests for assistance under this section.
1344  (5) Upon the filing of an application for assistance under this section, the court may issue
1345   a summons, to which a copy of the application for assistance shall be attached, requiring the
1346   child named in such application to appear before the court at the time set forth in the summons.
1347   If such child fails to obey the summons, the court may issue a warrant reciting the substance of
1348   the petition and requiring the officer to whom it is directed forthwith to take and bring such child
1349   before the court. Notice of the hearing shall be given to the department of children and families.
1350  (6) If the court summons a child to appear, the court shall in addition issue a summons to
1351   both parents of the child, if both parents are known to reside in the commonwealth, or to 1 parent
1352   if only 1 is known to reside within the commonwealth, or, if there is no parent residing in the
1353   commonwealth, then to the parent having custody or to the lawful guardian of such child. The
1354   summons shall require the person served to appear at a time and place stated therein at a hearing
1355   to determine whether or not the child is in need of assistance.
1356  (7) Unless service of the summons required by this section is waived in writing, such
1357   summons shall be served by the constable or police officer, either by delivering it personally to
1358   the person to whom addressed, or by leaving it with a person of proper age to receive the same,
1359   at the place of residence or business of such person, and said constable or police officer shall
1360   immediately make return to the court of the time and manner of service.
1361  SECTION 52. Said chapter 119 is hereby further amended by striking out section 39G, as
1362   so appearing, and inserting in place thereof the following section:-
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1363  Section 39G.(1) At a hearing to determine whether a child and family require assistance,
1364   the child and the child’s attorney shall be present and the parents, legal guardian or custodian
1365   shall be given an opportunity to be heard. The petitioner and any party may file a motion to
1366   dismiss the request for assistance at any time prior to a hearing to determine the disposition of a
1367   request for assistance. Upon a filing of a motion to dismiss, the judge shall order that the request
1368   for assistance be dismissed upon a showing that the dismissal is in the best interests of the child
1369   or if all parties agree to the dismissal. A probation officer may at any time recommend to the
1370   court that the request for assistance be dismissed upon a showing that dismissal is in the best
1371   interests of the child.
1372  (2) Upon a finding that a child requires assistance after a fact-finding hearing, the court
1373   shall convene and may participate in a conference of the probation officer who conducted the
1374   preliminary inquiry, a representative from a family resource center or other community-based
1375   services program, if involved with the family, the petitioner, a representative from the child’s
1376   school, the child’s parent, legal guardian or custodian, the child and the child’s attorney, a
1377   representative of the department of children and families, if involved with the family, and any
1378   other person who may be helpful in determining the most effective assistance available to be
1379   offered to the child and family, including representatives from MassHealth, the juvenile court
1380   clinic and other state entities depending on the supports requested. The probation officer shall
1381   present written recommendations and other persons at the conference may present written
1382   recommendations to the court to advise the court on appropriate treatment and services for the
1383   child and family, appropriate placement of the child, and appropriate conditions and limitations
1384   on any such placement.
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1385  (3) At the conference and subsequent hearing on disposition, the child and the child’s
1386   attorney shall be present and the parents, legal guardian or custodian, and the child and petitioner
1387   shall be given an opportunity to be heard. The court may receive evidence as to the best
1388   disposition of the petition from all persons who participate in the conference and any other
1389   person who may be helpful in determining an appropriate disposition. The department of
1390   children and families shall be provided with advance notice of the hearing and an opportunity to
1391   participate prior to the court recommending placement of the child in the department’s custody
1392   pursuant to clause (iii) of paragraph (4).
1393  (4) If the court finds the statements in the application for assistance have been proved at
1394   the hearing, it may determine the child to be in need of assistance. Upon making such
1395   determination, the court, taking into consideration the physical and emotional welfare of the
1396   child, may make any of the following orders of disposition:
1397  (i) subject to any conditions and limitations the court may prescribe, including provision
1398   for medical, psychological, psychiatric, educational, occupational and social services, and for
1399   supervision by a court clinic or by any public or private organization providing counseling or
1400   guidance services, permit the child to remain with their parents, legal guardian or custodian;
1401  (ii) subject to such conditions and limitations as the court may prescribe, including, but
1402   not limited to provisions for those services described in clause (i), place the child in the care of a
1403   relative or other adult individual who, after inquiry by the probation officer or other person or
1404   agency designated by the court, is found to be qualified to receive and care for the child;
1405  (iii) subject to the provisions of sections 32 and 33 and with such conditions and
1406   limitations as the court may recommend, place the child in the custody of the department of
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1407   children and families; provided, however, that at the same time, the court shall consider the
1408   provisions of section 29C and shall make the written certification and determinations required by
1409   said section 29C; provided further, that the department shall give due consideration to the
1410   recommendations of the court; provided further, that the department may not refuse out-of-home
1411   placement of a child if the placement is recommended by the court, provided that the court has
1412   made the written certification and determinations required by said section 29C and has provided
1413   the department advance notice and an opportunity to participate in the hearing; provided further,
1414   that the department shall direct the type and length of such out-of-home placement; and provided
1415   further, that the department shall give due consideration to the requests of the child that the child
1416   be placed outside the home of a parent or guardian where there is a history of abuse and neglect
1417   in the home by the parent or guardian.
1418  (5) If the family or child is directed by the court to participate in treatment or services
1419   which are eligible for coverage by an insurance plan or other third-party payer, payment for such
1420   services shall not be denied if the treatment or services otherwise meet the criteria for coverage.
1421  (6) A child who is the subject of an application for assistance shall not be confined in
1422   shackles or similar restraints or in a court lockup facility in connection with any proceedings
1423   under sections 39E to 39I, inclusive. A child who is the subject of an application for assistance
1424   shall not be placed in a locked facility or any facility designated or operated for juveniles who
1425   are alleged to be delinquent or who have been adjudicated delinquent; provided, however, that
1426   such child may be placed in a facility which operates as a group home to provide therapeutic care
1427   for juveniles, notwithstanding that juveniles adjudicated delinquent are also provided care in
1428   such facility.
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1429  (7) Any order of disposition pursuant to this section shall continue in force for not more
1430   than 120 days; provided, however, that the court which entered the order may, after a hearing,
1431   extend its duration for up to 3 additional 90-day periods, if the court finds that the purposes of
1432   the order have not been accomplished and that any such extension would be reasonably likely to
1433   further those purposes.
1434  (8) No order shall continue in effect after the eighteenth birthday of a child named in an
1435   application for assistance authorized to be filed by a parent, a legal guardian or custodian or a
1436   police officer or after the sixteenth birthday of a child named in a petition authorized to be filed
1437   by a school district.
1438  SECTION 54. Section 51D of said chapter 119, as so appearing, is hereby amended by
1439   striking out the eighth paragraph.
1440  SECTION 55. 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 56. 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.
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1449  SECTION 57. 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:-
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 58. Section 5E of chapter 210 of the General Laws is hereby repealed.
1457  SECTION 59. 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 extend the order for any additional time reasonably
1463   necessary to protect them or to enter a permanent order.
1464  SECTION 60. Item 4800-0015 of section 2 of chapter 137 of the acts of 2026 is hereby
1465   amended by striking out the words “; provided further, that not later than December 2, 2026, and
1466   February 27, 2027, the department of children and families shall submit reports to the joint
1467   committee on children, families and persons with disabilities and the house and senate
1468   committees on ways and means, which shall include, but not be limited to: (i) the fair hearing
1469   requests filed in fiscal year 2027, using non-identifying information, which shall state, for each
1470   hearing request: (a) the subject matter of the appeal; (b) the number of days between the hearing
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1471   request and the first day of the hearing; (c) the number of days between the first day of the
1472   hearing and the hearing officer’s decision; (d) the number of days between the hearing officer’s
1473   decision and the agency’s final decision; (e) the number of days of continuance granted at the
1474   appellant’s request; (f) the number of days of continuance granted at the request of the
1475   department of children and families or the hearing officer’s request, specifying which party made
1476   the request; and (g) whether the department’s decision that was the subject of the appeal was
1477   affirmed or reversed; and (ii) the fair hearing requests filed before fiscal year 2027, which have
1478   been pending for more than 180 days, stating the number of those cases, how many of those
1479   cases have been heard but not decided and how many have been decided by the hearing officer
1480   but not yet issued as a final decision of the agency; provided further, that the department of
1481   children and families shall maintain and make available to the public, during regular business
1482   hours, a record of its fair hearings, with personal identifying information removed, including for
1483   each hearing request: (1) the date of the request; (2) the date of the hearing decision; (3) the
1484   decision rendered by the hearing officer; and (4) the final decision rendered by the commissioner
1485   of children and families after review; provided further, that the department shall make redacted
1486   copies of fair hearing decisions available within 30 days of a written request; provided further,
1487   that the department of children and families shall not make available any information in violation
1488   of federal privacy regulations; provided further, that not later than February 27, 2027, the
1489   department of children and families shall submit a report to the joint committee on children,
1490   families and persons with disabilities and the house and senate committees on ways and means
1491   that shall include, but not be limited to, the: (A) number of medical and psychiatric personnel
1492   and their level of training currently employed by or under contract with the department; (B)
1493   number of foster care reviews conducted by the department and the average length of time in
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1494   which each review was completed; (C) number of social workers and supervisors who have
1495   earned a bachelor’s or master’s degree in social work; (D) total number of social workers and the
1496   total number of social workers holding licensure, by level; (E) number of the department’s
1497   contracts reviewed by the state auditor and the number of corrective action plans issued; and (F)
1498   number of corrective action plans entered into by the department; provided further, that the
1499   department of children and families shall submit quarterly reports to the joint committee on
1500   children, families and persons with disabilities and the house and senate committees on ways and
1501   means on the caseload of the department; provided further, that the report shall include, but not
1502   be limited to: (I) the caseloads of residential placements, congregate care, foster care, therapeutic
1503   foster care, adoption, guardianship, 51A reports, substantiated 51A reports, the number of
1504   children who die in the care and custody of the department, the number of children currently
1505   eligible for supportive child care, the number of children presently receiving supportive child
1506   care and the number of medical and psychiatric consultation requests made by the department’s
1507   social workers; (II) the number of approved foster care placements; (III) the number of children
1508   in psychiatric hospitals and community-based acute treatment programs who remain hospitalized
1509   beyond their medically-necessary stay while awaiting placement and the number of days each
1510   case remains in placement beyond that which is medically necessary; (IV) the number of
1511   children in the department of children and families’ care and custody who are receiving medical
1512   or psychiatric care through other publicly-funded sources; (V) the number of children served by
1513   supervised visitation centers and the number of those children who are reunified with their
1514   families; (VI) the total number of children served, their ages, the number of children served in
1515   each service plan, the number of children in out-of-home placements and the number of
1516   placements each child has had before receiving an out-of-home placement; (VII) for each area
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1517   office, the number of kinship guardianship subsidies provided in the quarters covered by the
1518   report and the number of kinship guardianship subsidies provided in that quarter for which
1519   federal reimbursement was received; (VIII) for each area office, the total spending amount on
1520   services other than case management services provided to families to keep a child with the
1521   child’s parents or reunifying the child with the child’s parents, detailing spending by the type of
1522   service provided including, but not limited to, the number of children and a breakdown of
1523   spending for respite care, intensive in-home services, client financial assistance and flexible
1524   funding, community-based after-school social and recreation program services, family
1525   navigation services and parent aide services and the unduplicated number of families that receive
1526   the services; (IX) for each area office, the total number of families residing in shelters paid for by
1527   the department, a list of where the families are sheltered, the total cost and average cost per
1528   family at those shelters and a description of how the department determines who qualifies or
1529   does not qualify for a shelter; (X) for each area office, the number of requests for voluntary
1530   services, delineated by type of service requested, whether the request was approved or denied,
1531   the number of families that were denied voluntary services and received a 51A report, the
1532   reasons for denying such services and what, if any, referrals were made for services by other
1533   agencies or entities; (XI) the number of families receiving multiple 51A reports within a 10-
1534   month period, the number of cases reopened within 6 months of being closed and the number of
1535   children who return home and then reenter an out-of-home placement within 6 months; (XII) the
1536   number of children and families served by the family resource centers, delineated by area; and
1537   (XIII) the number of children in the care and custody of the department whose whereabouts are
1538   unknown; provided further, that not later than January 30, 2027, the department of children and
1539   families shall submit a report to the joint committee on children, families and persons with
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1540   disabilities and the house and senate committees on ways and means that details any changes to
1541   the rules, regulations or guidelines established by the department in the previous fiscal year to
1542   carry out its duties under chapter 119 of the General Laws including, but not limited to: (aa)
1543   criteria used to determine whether a child has been abused or neglected; (bb) guidelines for
1544   removal of a child from the home; and (cc) standards to determine what reasonable efforts are
1545   being made to keep a child in the home; provided further, that on a monthly basis, the
1546   department of children and families shall provide the caseload forecasting office with data on
1547   children receiving services, young adults receiving services as defined in section 21 of said
1548   chapter 119 who continue to receive services as authorized in subsection (f) of section 23 of said
1549   chapter 119 and other pertinent data related to items 4800-0038 and 4800-0041 that is requested
1550   by the office; provided further, that the report shall also contain the number of children and
1551   families served by the family resource centers, by area, and an evaluation of the services
1552   provided and their effectiveness”.
1553  SECTION 61. (a) There shall be established a commission to study, report and make
1554   recommendations on the creation and implementation of a digital education portfolio system to
1555   support the educational stability and well-being of foster children and youth in the
1556   commonwealth. The commission shall: (i) evaluate the current processes by which the
1557   department of children and families and the department of elementary and secondary education
1558   collect, manage and share the educational records of foster children and youth; (ii) develop
1559   recommendations for the design and implementation of a secure and accessible digital education
1560   portfolio system to ensure the educational stability of foster children and youth; (iii) identify and
1561   assess data privacy, interoperability and record transfer standards necessary to protect student
1562   information and support timely school transitions; (iv) examine best practices from other states
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1563   and jurisdictions that maintain centralized education record systems for children and youth in the
1564   care and custody of the state’s or jurisdiction’s department of children and families or equivalent
1565   agency; and (v) determine appropriate access protocols for educators, foster parents,
1566   caseworkers, medical providers and other authorized individuals.
1567  (b) The commission shall consist of: 6 persons appointed by the governor, 1 of whom
1568   shall be a current or former foster youth, 1 of whom shall be a foster parent, 1 of whom shall
1569   have expertise in foster care or child welfare policy, 1 of whom shall represent an education
1570   advocacy organization, 1 of whom shall have expertise in education data systems or student
1571   records management and 1 of whom shall represent a child welfare or youth-serving nonprofit
1572   organization; the chairs of the joint committee on children, families and persons with disabilities,
1573   who shall be co-chairs; the commissioner of children and families or a designee; the
1574   commissioner of elementary and secondary education or a designee; the child advocate or a
1575   designee; the secretary of education or a designee; 1 person appointed by the Massachusetts
1576   Association of School Superintendents, Inc.; 1 person appointed by the Massachusetts Teachers
1577   Association; 1 person appointed by the Massachusetts Court Appointed Special Advocates, Inc.;
1578   and 1 person appointed by the Service Employees International Union Local 509.
1579  (c) Not later than one year from the effective date of this bill, the commission shall
1580   submit its report and recommendations to the clerks of the house of representatives and the
1581   senate and the house and senate committees on ways and means. Recommendations shall
1582   include, but shall not be limited to, strategies, programs and legislation necessary to implement
1583   the digital education portfolio system and strengthen coordination between the department of
1584   children and families, educational agencies and any other relevant child welfare agencies.
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1585  SECTION 62. Sections 2, 43, 44, 50, 51, 52 and 60 shall take effect 1 year after the
1586   effective date of this act.
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