Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S314 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 244 FILED ON: 1/12/2023
3	3	SENATE . . . . . . . . . . . . . . No. 314
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan B. Lovely
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act stopping harm inflicted by the exploitation of life and development.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Joan B. LovelySecond Essex 1 of 9
16	16	SENATE DOCKET, NO. 244 FILED ON: 1/12/2023
17	17	SENATE . . . . . . . . . . . . . . No. 314
18	18	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 314) of Joan B. Lovely for
19	19	legislation to stop harm inflicted by the exploitation of life and development. Education.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 369 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act stopping harm inflicted by the exploitation of life and development.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. This act shall be known as the SHIELD Act.
31	31	2 SECTION 2. The General Laws, as appearing in the 2020 Official Edition, are hereby
32	32	3amended by inserting after chapter 119A the following chapter:-
33	33	4 CHAPTER 119B. CHILD SEXUAL ABUSE PREVENTION
34	34	5 Section 1. For the purposes of this chapter, the following words and phrases shall have
35	35	6the following meanings:-
36	36	7 “Abuse”, an act involving a minor that constitutes a sexual offense under the laws of the
37	37	8Commonwealth or any sexual misconduct between an adult and a minor under the care of that
38	38	9individual. 2 of 9
39	39	10 “Abuse prevention policy”, a policy adopted by a school or youth-serving organization
40	40	11that supports the prevention of sexual abuse by outlining a code of conduct for employees that
41	41	12identifies inappropriate behavior between a teacher and a minor or student.
42	42	13 “Age-appropriate”, topics, messages and teaching methods suitable to particular ages or
43	43	14age groups of children and adolescents, based on developing cognitive, emotional, and
44	44	15behavioral capacity typical for the age or age group
45	45	16 “Employee” means a person defined as such in section 148B of chapter 149.
46	46	17 “Job performance” includes, but is not limited to, abilities, attendance, attitude, awards,
47	47	18demotions, disciplinary actions, duties, effort, knowledge, promotions, skills, and. in the case of
48	48	19a former school employee, the reasons for separation.
49	49	20 “Mandated reporter” means a person defined as such in section 21 of chapter 119.
50	50	21 “Minor”, a person under 18 years of age.
51	51	22 “School”, a public or private educational institution that serves minors in the
52	52	23Commonwealth, including an entity with the mission of providing activities and socialization for
53	53	24minors that is operated by such an educational institution.
54	54	25 “Sexual misconduct”, any action directed towards or with a minor, regardless of the age
55	55	26of the minor that is designed to promote a romantic or sexual relationship with the minor. Such
56	56	27acts include, but are not limited to:
57	57	28 (a) Sexual or romantic invitation;
58	58	29 (b) Dating or soliciting dates; 3 of 9
59	59	30 (c) Engaging in sexualized or romantic dialogue;
60	60	31 (d) Making sexually suggestive comments;
61	61	32 (e) Self-disclosure or physical exposure of a sexual, romantic or erotic nature; or
62	62	33 (f) Any sexual, indecent, romantic or erotic contact with a minor or student.
63	63	34 “Youth-serving organization”, a public or private entity with the mission of providing
64	64	35activities and socialization for minors; provided, however, that this shall not include such an
65	65	36entity operated by a public or private educational institution that serves minors in the
66	66	37Commonwealth.
67	67	38 Section 2. School Abuse Prevention Policies
68	68	39 (a) Every school shall adopt the abuse prevention policy as set forth by the department
69	69	40elementary and secondary education. The abuse prevention policy shall support the prevention of
70	70	41sexual abuse by outlining a code of conduct for employees that identifies inappropriate behavior
71	71	42for teachers and students. The policy shall also detail the institution’s procedures for meeting its
72	72	43obligations under section 51A of chapter 119.
73	73	44 (b) The department of elementary and secondary education, in consultation with the
74	74	45office of the child advocate, the department of children and families and the department of early
75	75	46education and care shall create the abuse prevention policy for schools across the
76	76	47Commonwealth.
77	77	48 (c) The department shall review the model abuse prevention policy at least once every 5
78	78	49years to ensure it includes up-to-date information and best practices. 4 of 9
79	79	50 Section 3. Youth Serving Organizations Abuse Prevention Policies
80	80	51 (a) Every youth serving organization shall adopt the abuse prevention policy as set forth
81	81	52by the department children and families. The abuse prevention policy shall support the
82	82	53prevention of sexual abuse by outlining a code of conduct for employees that identifies
83	83	54inappropriate behavior for teachers and students. The policy shall also detail the institution’s
84	84	55procedures for meeting its obligations under section 51A of chapter 119.
85	85	56 (b) The department of children and families, in consultation with the office of the child
86	86	57advocate, the department of elementary and secondary education and the department of early
87	87	58education and care shall create the abuse prevention policy for schools across the
88	88	59Commonwealth.
89	89	60 (c) The department shall review the model abuse prevention policy at least once every 5
90	90	61years to ensure it includes up-to-date information and best practices.
91	91	62 Section 4. School Employee Sexual Abuse Prevention Education
92	92	63 (a) All mandated reporters employed by a school shall receive instruction biennially on
93	93	64the prevention, identification, and reporting of child sexual abuse. This instruction shall include
94	94	65comprehensive training and information to help schools and their personnel:
95	95	66 (1) recognize, appropriately respond to and prevent behaviors violating the school abuse
96	96	67prevention policy;
97	97	68 (2) recognize, appropriately respond to, and prevent sexually inappropriate, coercive, or
98	98	69abusive behaviors between minors’ served by schools; 5 of 9
99	99	70 (3) identify the ways in which the behavioral and verbal cues for sexual abuse differ from
100	100	71those of other abuse and neglect;
101	101	72 (4) support the healthy development of students and minors, and the building of
102	102	73protective factors, to mitigate against their sexual victimization by adults or by other minors;
103	103	74 (5) respond to disclosures of sexual abuse or reports of behaviors violating the abuse
104	104	75prevention policy of adults or minors in a supportive and appropriate manner that meets
105	105	76mandated reporting requirements under section 51A of chapter 119;
106	106	77 (6) seek out community resources available to assist schools in the prevention,
107	107	78identification, reporting and referral to treatment of cases involving the sexual abuse or
108	108	79exploitation of minors.
109	109	80 (b) The department of elementary and secondary education shall use tested, research-
110	110	81based instructional materials that meet the requirements of subsection (a). The mode of delivery
111	111	82for the trainings may include in-person or e-learning instruction.
112	112	83 (c) The department of elementary and secondary education shall adapt, implement and
113	113	84maintain an existing evidence-based online or in-person training course to satisfy the
114	114	85requirements of subsection (b); provided, however, that if the department cannot find an existing
115	115	86program to adapt to this purpose, then the department shall create, implement, maintain and
116	116	87update such a training program; provided further, that such training program shall be provided to
117	117	88schools at no cost.
118	118	89 (d) For each training required under this section, each school shall maintain records that
119	119	90include the names of the individuals within their school. 6 of 9
120	120	91 (f)The department of elementary and secondary education shall make the abuse
121	121	92prevention policy publicly available on its website.
122	122	93 Section 5. Youth Serving Organization Employee Sexual Abuse Prevention Education
123	123	94 (a) All mandated reporters employed by a youth serving organization shall receive
124	124	95instruction biennially on the prevention, identification, and reporting of child sexual abuse. This
125	125	96instruction shall include comprehensive training and information to help youth serving
126	126	97organizations and their personnel:
127	127	98 (1) recognize, appropriately respond to and prevent behaviors violating the youth serving
128	128	99organization abuse prevention policy;
129	129	100 (2) recognize, appropriately respond to, and prevent sexually inappropriate, coercive, or
130	130	101abusive behaviors between minors’ served by youth serving organization;
131	131	102 (3) identify the ways in which the behavioral and verbal cues for sexual abuse differ from
132	132	103those of other abuse and neglect;
133	133	104 (4) support the healthy development of minors, and the building of protective factors, to
134	134	105mitigate against their sexual victimization by adults or by other minors;
135	135	106 (5) respond to disclosures of sexual abuse or reports of behaviors violating the abuse
136	136	107prevention policy of adults or minors in a supportive and appropriate manner that meets
137	137	108mandated reporting requirements under section 51A of chapter 119;
138	138	109 (6) seek out community resources available to assist youth serving organizations in the
139	139	110prevention, identification, reporting and referral to treatment of cases involving the sexual abuse
140	140	111or exploitation of minors. 7 of 9
141	141	112 (b) The department of children and families shall use tested, research-based instructional
142	142	113materials that meet the requirements of subsection (a). The mode of delivery for the trainings
143	143	114may include in-person or e-learning instruction.
144	144	115 (c) The department children and families shall adapt, implement and maintain an existing
145	145	116evidence-based online or in-person training course to satisfy the requirements of subsection (b);
146	146	117provided, however, that if the department cannot find an existing program to adapt to this
147	147	118purpose, then the department shall create, implement, maintain and update such a training
148	148	119program; provided further, that such training program shall be provided to schools and youth-
149	149	120serving organizations at no cost.
150	150	121 (d) For each training required under this section, each youth serving organization shall
151	151	122maintain records that include the names of the individuals within their youth serving
152	152	123organization.
153	153	124 (f)The department of children and families education shall make the abuse prevention
154	154	125policy publicly available on its website.
155	155	126 Section 6. Youth Sexual Abuse Education
156	156	127 (a) Every school that serves elementary or secondary school students and every youth-
157	157	128serving organization shall provide age-appropriate instruction to help students and children
158	158	129served by such schools, programs, or youth-serving organizations:
159	159	130 (1) Recognize and report inappropriate behavior in adults that may indicate that they pose
160	160	131a sexual risk to minors; 8 of 9
161	161	132 (2) Recognize and report inappropriate behaviors in other children that may indicate that
162	162	133they pose a sexual risk to children and youth;
163	163	134 (3) Learn how to develop healthy and respectful interpersonal relationships, including
164	164	135appropriate body boundaries and privacy rules;
165	165	136 (4) Learn how to communicate effectively to trusted adults any concerns they have about
166	166	137body boundaries or privacy violations;
167	167	138 (5) Learn about available school and community resources to prevent and respond to
168	168	139sexual abuse; and
169	169	140 (6) Recognize and understand the consequences of false, inaccurate or exaggerated
170	170	141reports and the importance of children reporting honestly to the best of their ability.
171	171	142 (b) The department of elementary and secondary education shall use tested, research-
172	172	143based instructional materials that meet the requirements of subsection (a) and assist schools in
173	173	144implementing the program. The mode of delivery for the trainings may include in-person or e-
174	174	145learning instruction. For each training required under this section, each school shall maintain
175	175	146records that include the names of the individuals within their school who participated in the
176	176	147training during that year. The department of elementary and secondary education shall make the
177	177	148abuse prevention policy publicly available on its website.
178	178	149 (c) The department of children and families shall use tested, research-based instructional
179	179	150materials that meet the requirements of subsection (a) and assist youth serving organizations in
180	180	151implementing the program. The mode of delivery for the trainings may include in-person or e-
181	181	152learning instruction. For each training required under this section, each youth-serving 9 of 9
182	182	153organization shall maintain records that include the names of the individuals within their
183	183	154program who participated in the training during that year. The department of children and
184	184	155families shall make the abuse prevention policy publicly available on its website.