Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H228 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1120 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 228
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tricia Farley-Bouvier
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 transferring foster care review responsibilities to the Office of the Child Advocate.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tricia Farley-Bouvier2nd Berkshire1/14/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/26/2025 1 of 9
16	16	HOUSE DOCKET, NO. 1120 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 228
18	18	By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 228)
19	19	of Tricia Farley-Bouvier and Joanne M. Comerford for legislation to further regulate the Office
20	20	of the Child Advocate. Children, Families and Persons with Disabilities.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act transferring foster care review responsibilities to the Office of the Child Advocate.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 18B of the General Laws is hereby amended by striking out section
30	30	26A.
31	31	3 SECTION 2. Section 1 of chapter 18C of the General Laws is hereby amended by
32	32	4inserting after the definition of "Critical incident'” the following definition:-
33	33	5 “Committee”, the foster care review interdisciplinary committee.
34	34	6 SECTION 3. Said section 1 of said chapter 18C is hereby further amended by inserting
35	35	7after the definition of “Executive agency” the following 3 definitions:-
36	36	8 “Foster care placement”, all out-of-home placements of children, youth, or young adults
37	37	9by the department whether voluntarily or by court assigned custody.
38	38	10 “Foster care review”, an administrative review of the status of each child, youth or young
39	39	11adult who is in foster care placement. 2 of 9
40	40	12 “Local panel”, a foster care review panel of trained volunteer citizen reviewers and
41	41	13FCRO staff created pursuant to this chapter.
42	42	14 SECTION 4. Said section 1 of said chapter 18C is hereby further amended by inserting
43	43	15after the definition of “Office” the following 3 definitions:-
44	44	16 “Parties”, all parties involved in a specific child, youth, or young adult case.
45	45	17 “Permanency”, a legal, permanent family living arrangement.
46	46	18 “Secretary”, the secretary of the executive office of health and human services.
47	47	19 SECTION 5. Section 2 of said chapter 18C, as so appearing, is hereby amended by
48	48	20striking out, in lines 2 and 3, the words “shall be independent of any supervision or control by
49	49	21any executive agency” and inserting in place thereof the following words:- shall be an
50	50	22independent state agency not subject to the supervision and control of any other executive office,
51	51	23department, commission, board, bureau, agency or political subdivision of the commonwealth.
52	52	24 SECTION 6. Said chapter 18C is hereby further amended by inserting after section 4 the
53	53	25following section:
54	54	26 Section 4A. (a) There shall be an interdisciplinary committee within the advisory council
55	55	27that shall include commissioner level or designee representation of the department, the office of
56	56	28the child advocate, the department of developmental services, the department of elementary and
57	57	29secondary education, the department of mental health, the department of public health, the
58	58	30department of transitional assistance, the department of youth services and the Massachusetts
59	59	31rehabilitation commission to ensure that appropriate services are being delivered in the best
60	60	32interest of the child, youth or young adult. Experts may be invited to the committee meetings to 3 of 9
61	61	33address specific concerns or issues, including issues disproportionately impacting historically
62	62	34marginalized communities, transition age youth and issues and needs relating to lesbian, gay,
63	63	35bisexual, transgender or queer people. The committee shall be chaired by the child advocate and
64	64	36shall convene at least monthly.
65	65	37 (b) The committee shall:
66	66	38 (i) address and resolve case-specific issues that have been elevated by the child advocate;
67	67	39and
68	68	40 (ii) address systemic issues impacting progress towards permanency and services focused
69	69	41on the best interest of children, youth and young adults in foster care placement brought to the
70	70	42council’s attention by any member of the committee or advisory council.
71	71	43 SECTION 7. Said chapter 18C is hereby further amended by inserting after section 14 the
72	72	44following 7 sections:-
73	73	45 Section 15. (a) The child advocate shall conduct foster care case reviews every 6 months
74	74	46of every child in foster care placement to make determinations and recommendations regarding
75	75	47the placement and progress towards permanency; provide information and direct reporting to the
76	76	48legislature, the department, the governor, the secretary, the chief justices of the juvenile and the
77	77	49probate and family courts, and the public regarding the foster care system in Massachusetts;
78	78	50make recommendations regarding foster care policy; and ensure oversight, accountability and
79	79	51transparency regarding the foster care system. 4 of 9
80	80	52 (1) The child advocate shall designate local panels of trained citizen reviewers to conduct
81	81	53foster care case reviews for every child in foster care placement at least every 6 months while in
82	82	54placement.
83	83	55 (2) The child advocate shall create and implement the following:
84	84	56 (i) Policies and procedures regarding the duties of the office of the child advocate staff,
85	85	57including the scheduling and conduct of case reviews, advanced notice to parties to the case,
86	86	58development of individual case review reports including findings and recommendations,
87	87	59dissemination of individual case review reports to the parties and follow-up of individual cases;
88	88	60 (ii) Guidelines regarding citizen reviewer qualifications and recruitment;
89	89	61 (iii) Training programs for citizen reviewers which shall include an initial training
90	90	62program and periodic in-service training programs;
91	91	63 (iv) Policies and procedures for local panels in the conduct of individual case reviews;
92	92	64 (v) Policies and procedures for the office of the child advocate regarding the conduct of
93	93	65reviews, follow-up of individual cases between reviews, communication with parties, structure,
94	94	66format and content of individual case review reports and access to data and information;
95	95	67 (vi) A record-keeping system for all local panel files, including individual case reviews
96	96	68and aggregate data;
97	97	69 (vii) Content and format of periodic and annual child advocate aggregate reports. 5 of 9
98	98	70 (3) The child advocate shall provide periodic and annual aggregate reports to the
99	99	71legislature, governor, secretary, the department, the chief justices of the juvenile and the probate
100	100	72and family courts and the public.
101	101	73 (4) The child advocate shall have access to all relevant information regarding any child,
102	102	74youth or young adult eligible for foster care case review including, but not limited to, data,
103	103	75records and case files provided to the child advocate by the department.
104	104	76 (5) Individual case review reports shall be provided to all parties to the legal case for
105	105	77judicial consideration and for the purposes of the safety and well-being of the child and
106	106	78permanency planning.
107	107	79 (b) The child advocate shall be the only entity that conducts periodic, administrative
108	108	80foster care case reviews as required by the Adoption Assistance and Child Welfare Act of 1980
109	109	81(Public Law 60 96-272).
110	110	82 Section 16. (a) The child advocate shall designate local panels of citizen reviewers, in
111	111	83geographical locations that correspond with the department’s service areas, to conduct foster care
112	112	84case reviews. The number of panels required is determined by the child advocate in accordance
113	113	85with the number of children, youth and young adults in foster care placement within each service
114	114	86area. The child advocate shall create and implement citizen volunteer recruitment efforts and
115	115	87select citizen volunteers from local areas to serve on local panels. A person employed by the
116	116	88child advocate, the department, a child welfare agency or juvenile and probate or family courts
117	117	89shall not be appointed to a local panel. 6 of 9
118	118	90 (b) Each local panel, comprised of 1 office of the child advocate staff reviewer and 2
119	119	91trained citizen reviewers, shall conduct individual foster care case reviews in accordance with the
120	120	92policies and procedures created and implemented by the child advocate.
121	121	93 Section 17. (a) The foster care case review shall be conducted to determine:
122	122	94 (1) necessity, appropriateness and safety of the child, youth or young adult’s current
123	123	95placement;
124	124	96 (2) extent of the parties’ compliance with the permanency or action plan;
125	125	97 (3) extent of progress made toward alleviating or mitigating the causes necessitating the
126	126	98placement;
127	127	99 (4) extent to which services in the plan are being provided and the identification of any
128	128	100barriers to receiving the needed services;
129	129	101 (5) progress made toward the permanency goal;
130	130	102 (6) whether the permanency goal should be amended;
131	131	103 (7) projected date by which child may be in a permanent placement;
132	132	104 (8) goals for the next 6 months;
133	133	105 (9) additional findings and recommendations in accordance with the child, youth or
134	134	106young adult’s best interest; and
135	135	107 (10) well-being status of the child or youth; provided, that well-being shall be of the
136	136	108whole child or youth and includes physical health development and safety; psychological and 7 of 9
137	137	109emotional development; social development and behavior; and cognitive development and
138	138	110educational achievement.
139	139	111 (b) The local foster care case review meeting shall be facilitated by an office of the child
140	140	112advocate staff reviewer who is responsible for completing the individual case review report of
141	141	113findings and recommendations.
142	142	114 (c) Anyone with a role in achieving the permanency goal for the child, youth or young
143	143	115adult shall be invited to the review. The individual case review report shall be submitted to the
144	144	116department, the juvenile or probate and family court and all other legal parties to the case within
145	145	11730 days after the foster care case review.
146	146	118 (d) The department shall comply with the child advocate individual case review findings
147	147	119and recommendations, subject to an appeals process developed and agreed to by the child
148	148	120advocate and the department.
149	149	121 Section 18. (a) The department shall provide the child advocate with unrestricted access
150	150	122to any and all information pertaining to the child, youth or young adult’s needs including
151	151	123electronic and hard copy records, reports and materials, specifically department records
152	152	124including evaluations conducted by external or independent providers and court evaluations.
153	153	125 (b) The department shall notify the child advocate of a child, youth or young adult
154	154	126removal from home, placement, change to placement or case closure no later than two weeks
155	155	127from the date of the occurrence.
156	156	128 The child advocate shall be bound by any limitations on the use or release of information
157	157	129imposed by law upon the party furnishing such information. 8 of 9
158	158	130 Section 19. The child advocate shall develop internal procedures, including staffing and
159	159	131budget, subject to appropriation, appropriate for the effective performance of all duties
160	160	132established under sections 15 through 17, inclusive, of this chapter.
161	161	133 Section 20. (a) The child advocate shall report annually to the governor, the president of
162	162	134the senate, the speaker of the house of representatives, the joint committee on children, families
163	163	135and persons with disabilities, the chief justices of the juvenile and the probate and family courts,
164	164	136the secretary and the commissioner of the department on the activities of the child advocate,
165	165	137including, but not limited to, statistics and analysis of aggregate data from the foster care reviews
166	166	138regarding strengths, issues, policy concerns and problems which have come to the attention of
167	167	139the child advocate from analysis of the aggregate data. The child advocate shall make
168	168	140recommendations to address the issues, concerns and problems identified.
169	169	141 (b) The reports shall be made public and posted on the website of the office of the child
170	170	142advocate.
171	171	143 Section 21. No person employed by, contracted by or volunteering for the office of the
172	172	144child advocate shall be subject to suit directly, derivatively or by way of contribution or
173	173	145indemnification for any civil damages under the laws of the commonwealth resulting from any
174	174	146act or omission performed during or in connection with the discharge of duties within the scope
175	175	147of employment or appointment, unless such act or failure to act was committed with gross
176	176	148negligence, maliciously or in bad faith.
177	177	149 SECTION 8. (a) The office of the child advocate shall develop a foster care review
178	178	150transition and implementation plan with a timeline. The plan shall be completed no later than 210
179	179	151days after the effective date of this act. 9 of 9
180	180	152 (b) Implementation of the transition plan shall occur no later than 15 months after the
181	181	153effective date of this act.