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