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SENATE DOCKET, NO. 2253 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 68
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joanne M. Comerford
_________________
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 establishing a bill of rights for children in foster care.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterSean Garballey23rd Middlesex1/24/2023Vanna Howard17th Middlesex1/30/2023 1 of 10
SENATE DOCKET, NO. 2253 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 68
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 68) of Joanne M. Comerford,
Sean Garballey and Vanna Howard for legislation to establish a bill of rights for children in
foster care. Children, Families and Persons with Disabilities.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act establishing a bill of rights for children in foster care.
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. Chapter 119 of the General Laws, as appearing in the 2020 Official Edition,
2is hereby amended by inserting after section 23C the following section:-
3 Section 23D. (a) As used in this section, the following words shall, unless the context
4clearly requires otherwise, have the following meanings:-
5 “Child”, any child, youth or young adult in the care or custody of the department.
6 “Child-specific family”, a non-kinship individual who is significant in a particular child’s
7life (e.g., school teacher comes forward; child recommends friend's parent).
8 (b) The department shall present a copy of the following rights to each child in its care
9when the child enters care, during foster care review meetings, during permanency planning
10meetings in which the child is participating and at any other times the department deems
11appropriate. The child’s social worker shall also explain these rights to the child in an age- 2 of 10
12appropriate way when the child enters care. The department shall present the document to the
13child’s attorney and display the document prominently on its website and in all area offices. The
14department shall ensure the document is translated into the language spoken by the child.
15 (c) The bill of rights for children in foster care shall include, but not be limited to, the
16following:
17 (1) Safety and Security:
18 (i) Each child shall be treated with respect and shall not be harassed or discriminated
19against by department staff, foster parents or service providers on the basis of race, national
20origin, culture, language, ethnicity, sexual orientation, gender, gender identity, gender
21expression, religion or disability.
22 (ii) Each child has the right to a placement that is free from physical, sexual, emotional or
23other abuse, neglect or exploitation.
24 (iii) Each child shall have access to healthy food, clothing, personal care products and
25items that preserve and promote the child's family's culture or religion and the child’s specific
26hair and body needs.
27 (iv) Each child shall be placed in a safe and nurturing environment and receive
28appropriate care and treatment in the least restrictive setting available that can meet the child’s
29needs. No child shall be placed, housed or detained in a secure department of youth services
30placement based on the department’s inability to provide an available and appropriate foster
31placement, nor shall the department advocate for bail of any amount for children in its care or
32custody. 3 of 10
33 (v) Each child has the right to age-appropriate information about a foster family or
34program prior to being placed and, whenever possible, shall have an opportunity to meet the
35foster parent or program staff before placement occurs. If the foster placement is only able to
36accommodate the child for a limited time, the child shall be notified of the anticipated duration
37of the child’s stay with that foster placement. The child shall be informed of a placement change,
38and the reason(s) therefore, at least 5 days in advance of any change. When a change is made in
39an emergency circumstance, the child shall be given as much notice as possible. The child’s
40belongings shall be packed with care and the child shall be allowed to bring their essential
41belongings and comfort items with them.
42 (vi) Each child has the right to safe access to personal possessions, personal space and
43privacy.
44 (2) Connections to Family, Community and Identity:
45 (i) Each child has the right to know, understand, learn and develop the child’s racial,
46cultural, linguistic, gender, religious and ethnic identity, including but not limited to clothing,
47hair, and other cultural expressions of identity, and to a placement that will provide or maintain
48the connections necessary to preserve and promote the child’s identities.
49 (ii) Each child has the right to be placed according to the child’s gender identity and
50referred to by the child’s identified name and gender pronoun. A child’s sexual orientation and
51gender identity and expression shall remain private unless the child permits the information to be
52disclosed, the disclosure is required to protect the child’s health and safety or disclosure is
53compelled by law or a court order. 4 of 10
54 (iii) Each child has the right for the department to prioritize the child’s parents, relatives
55and child-specific family first as potential placement providers. The child’s parents and relatives
56shall be considered first.
57 (iv) Each child has the right for the department to first consider placements with the
58child’s siblings or half-siblings also removed from the home unless the joint placement is
59contrary to the safety, well-being, or path to permanency for any of the siblings. Whenever
60possible, the department shall work to address barriers to placing siblings together. The
61department shall ensure the child be placed in close proximity to siblings if unable to be placed
62in the same setting and shall facilitate frequent and meaningful contact regardless of geographic
63barriers.
64 (v) Each child shall have the right to family time of a duration and frequency that is
65consistent with the developmental needs of the child. Family time shall take place in-person and
66outside of a department office whenever possible. Each child shall also have the right to other
67forms of parental contact, including but not limited to phone calls, videoconferences, email and
68texts. Congregate care programs should work to facilitate access to virtual forms of contact.
69Whenever possible, family time shall take place outside of school hours.
70 (vi) Each child has the right to maintain positive contact with other family members and
71significant positive relationships in the child’s life, including but not limited to teachers, friends
72and community supports.
73 (vii) Each child has the right to be treated as a family member in a foster family and,
74whenever possible, be included in a foster family’s activities, holidays and rituals. 5 of 10
75 (viii) Each child has the right to preserve and maintain all languages the child entered
76care speaking and to a placement that provides or facilitates appropriate language access.
77 (3) Health Care and Accessibility:
78 (i) Each child has the right to access appropriate medical, reproductive, dental, vision,
79mental and behavioral health services regularly and more often as needed.
80 (ii) Each child has the right to discuss any questions or concerns the child has relating to
81medication with a social worker or healthcare provider and to understand each of the medications
82the child takes, its purposes and side effects in a developmentally-appropriate way.
83 (iii) Each child has the right to out-of-home placements that are accessible for any
84disabilities the child may have and reasonable accommodations as necessary. These
85accommodations will be provided in a timely manner and in such a way as to protect the privacy
86of the child with a disability. Each child also has a right to discuss any disabilities with a social
87worker and request adaptive equipment, auxiliary aids or services.
88 (iv) Each child has the right to access gender-affirming care.
89 (4) Education, Employment and Social Connections:
90 (i) Each child has the right to school, educational stability, educational supports and to an
91education that fits the child’s needs.
92 (ii) Each child has the right to stay in the child’s school of origin unless doing so would
93not be in the child’s best interest. 6 of 10
94 (iii) Each child has the right to participate in age-appropriate school, extracurricular,
95enrichment, religious, cultural, linguistic, ethnic and social activities and to have any placement
96provider use the reasonable and prudent parenting standard when making decisions regarding
97participation in such activities.
98 (iv) Each child has the right to achieve developmentally-appropriate, age-related
99milestones, including but not limited to obtaining a driver’s license, opening bank accounts,
100birthday celebrations or graduations. The department shall cover any costs associated with these
101milestones.
102 (v) Each child will be informed of the educational, vocational and employment supports
103available to children through the department, including but not limited to any tuition and fee
104waivers for post-secondary education.
105 (vi) Each child shall be informed of all available services, including but not limited to
106assistance in acquiring life skills, educational assistance, financial support, housing support,
107assistance with credit reports and resolving inaccuracies, training and career guidance to
108accomplish personal goals and prepare for the future, post-secondary education and employment
109supports available to children in care and adaptive equipment or auxiliary aids and supports.
110 (vii) Each child shall have age-appropriate education through the department on financial
111preparedness, job readiness, appropriate use of social media, education options, healthy
112relationships and sexual and reproductive health.
113 (5) Resources and Supports: 7 of 10
114 (i) The department shall provide reasonable efforts towards reunification to the child and
115the child’s family of origin, pursuant to state and federal law.
116 (ii) Each child has the right to reasonable access to a caseworker who makes case plan
117decisions. Reasonable access shall include the social worker and supervisor’s office telephone
118numbers and email addresses as well as, at a minimum, monthly visits by the social worker. The
119department shall also provide the child an emergency contact number available 24 hours a day, 7
120days a week. Such access must include the opportunity to have private conversations regarding
121any questions, grievances, or concerns.
122 (iii) Each child shall have the right to participate in the development and review of the
123service and visitation plans and shall be consulted as the department formulates or updates said
124plans. Children age 14 and older shall also be presented with the action or service plan for their
125review and signature.
126 (iv) Each child has the right to be informed in a developmentally-appropriate way of the
127reason(s) the department became involved with the child’s family, why the child came into care
128and why the child is still in care. Upon turning 18, children will have the right to access their
129case files, barring any confidential or legally privileged information.
130 (v) Each child age 14 or older has the right to be included in the foster care review
131meeting, permanency hearing and lead agency team meeting, unless documented by court order
132that participation would be detrimental to the child. If the child is unable to attend in person or
133by phone or video, the child shall have the right to submit a written statement to be considered at
134the meeting. 8 of 10
135 (vi) Each child shall be notified by the department about court dates and the department
136shall ensure the child understands the child’s right to attend court hearings and speak to the judge
137regarding any decision that may have an impact on the child’s life.
138 (vii) Each child has the right to access information contained in medical, dental and
139educational records held by the department as well as personal documents, including but not
140limited to social security card, birth certificate, health insurance information, state identification,
141driver’s license or green card in a developmentally-appropriate way. When a child leaves the
142care of the department, they shall be given copies of medical, dental and educational records held
143by the department and original copies of all personal documents. The department shall begin
144planning to return the documents to the child at least 30 days before the child leaves care to be
145able to give the documents to the child on the day of the child’s departure. When a child ages out
146of care, the department must assist the child in obtaining a state identification card if the child
147does not have one.
148 (viii) Each child has the right to an attorney upon entering care and to meaningful contact
149with said attorney. Each child shall be informed by the department of the names and phone
150numbers of assigned attorneys and be informed by a social worker that the child can contact the
151attorneys and that there is a process to request a change of attorneys.
152 (ix) Each child shall be informed by the department of the clothing, birthday and holiday
153payments to foster parents and placement providers for children in placement and that the child
154has the right to have those payments used to meet the child’s needs.
155 (6) Transition Age Youth 9 of 10
156 (i) Every child who turns 18 while in custody of the department is automatically signed
157out of care of the department but has the right to sign back into department care prior to turning
15823, pursuant to federal requirements. Every child shall be made aware of this right throughout
159the transition planning process as well as any federal requirements governing services for
160transition age youth.
161 (ii) At the age of 14, the department shall begin working with the child to plan their
162transition from foster care to adulthood. The transition plan should cover all areas needed for a
163youth to be stable and successful as an adult, including housing, employment, education, and
164physical and behavioral health.
165 (iii) Every child above age 18 who has chosen to remain in the custody of the department
166has the right to leave and re-enter custody at any time for any reason.
167 (iv) During the transition planning process, the department shall inform the child of all
168resources and supports available to the child, including housing, educational and vocational
169supports.
170 (7) Remedies
171 (i) Each child shall have the right to file complaints with the department’s ombudsperson
172and/or the office of the child advocate and shall be free from retaliation or punishment for
173asserting this right. The department must provide the child with contact information for the
174ombudsperson and the office of the child advocate.
175 (ii) Each child shall have the right to have these rights enforced and to report complaints
176and violations of these rights. If the child, the child’s attorney or the child’s foster parent or 10 of 10
177placement provider believes any of the above rights have been violated, the child shall have the
178right to discuss the alleged violation with a social worker, file a complaint with the office of the
179child advocate or the department’s ombudsperson and/or petition the court for a determination.
180The department shall not retaliate against or punish a child, an attorney or a foster parent for
181asserting this right. If the social worker, the office of the child advocate or the court determines
182the child's rights have been violated, the department shall resolve the violation as soon as
183practicable.