Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H235 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. 3680 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 235
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael J. Finn
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 establishing a bill of rights for children in foster care.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Finn6th Hampden1/17/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/28/2025 1 of 15
16	16	HOUSE DOCKET, NO. 3680 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 235
18	18	By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 235) of
19	19	Michael J. Finn and Joanne M. Comerford relative to establishing a bill of rights for children in
20	20	foster care. 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 establishing a bill of rights for children in foster care.
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 119 of the General Laws, as appearing in the 2022 Official Edition,
30	30	2is hereby amended by inserting after section 23C the following section:-
31	31	3 Section 23D. (a) As used in this section, the following words shall, unless the context
32	32	4clearly requires otherwise, have the following meanings:-
33	33	5 “Child” means any child, youth or young adult who is under the custody, care or
34	34	6responsibility of the department.
35	35	7 “Child-specific family” means a family that includes a non-relative (i) who is significant
36	36	8in a particular child’s life, or (ii) to whom the child and/or parent(s) ascribe the role of family
37	37	9based on cultural and affectional ties or individual family values.
38	38	10 “Department” means the Department of Children and Families. 2 of 15
39	39	11 (b) The department shall present a document listing the rights enumerated in subsection
40	40	12(d) to the parent(s) of each child in its care, the foster parent(s) of each child in its care and each
41	41	13child in its care, or where developmentally appropriate, the child’s attorney, when the child
42	42	14enters care and at other times the department deems appropriate. Within 3 months of the
43	43	15effective date of this statute, the department shall create a simple and plain language version of
44	44	16these rights as they are enumerated below so that they are accessible and easily understood by
45	45	17children and youth in care. This simple and plain language version shall be created with the
46	46	18participation of lived experience community members. The department shall explain these rights
47	47	19to the child in a developmentally appropriate way when the child enters the department’s care.
48	48	20The department shall ensure the document is translated into the language spoken by the child, the
49	49	21child’s parent and the foster parent(s). The document shall be posted in all congregate care
50	50	22facilities in a public space where all residents have access, prominently on its website and in all
51	51	23area offices. The department shall present the document for continual use to the child’s attorney
52	52	24and parent(s) and display the document prominently on its website and in all area offices.
53	53	25 (c) The department shall amend any regulations or policies that may conflict with this
54	54	26section in a timely fashion.
55	55	27 (d) Each child has the following rights:
56	56	28 (1) Safety and Security:
57	57	29 (i) Each child shall be treated with dignity, respect and consideration, and has the right to
58	58	30have their privacy respected.
59	59	31 (ii) Each child has the right not to be discriminated against, physically hurt or harassed by
60	60	32department staff, foster parents, the child’s attorney or service providers on the basis of religion, 3 of 15
61	61	33race, color, creed, gender, gender identity, gender expression, sexual orientation, national origin,
62	62	34age, disability, culture, language or ethnicity.
63	63	35 (iii) Each child has the right to a placement that is gender-affirming and free from
64	64	36physical, psychological, sexual, emotional or other abuse, neglect or exploitation.
65	65	37 (iv) Each child has the right to access personal possessions, personal space and privacy
66	66	38with allowance for safety.
67	67	39 (v) Each child has the right to autonomy of all pictures, taken by any individual, of
68	68	40themselves as appropriate.
69	69	41 (vi) Each child has the right to access sufficient healthy food, clothing, personal care
70	70	42products and items that preserve and promote the child's family's religion and culture and that of
71	71	43the child’s family and the child’s gender-identity as well as the child’s specific hair and body
72	72	44needs.
73	73	45 (vii) Each child has the right to be placed in a safe and nurturing environment and receive
74	74	46appropriate care and treatment in the least restrictive setting available that can meet the child’s
75	75	47needs and addresses their trauma history. The environment shall include the child’s culture,
76	76	48religion and identity as nearly as possible to the home of origin.
77	77	49 (viii) Each child has the right not to be placed, housed or detained in a secure department
78	78	50of youth services placement based on the department of children and families’ inability to
79	79	51provide an available and appropriate foster placement. The department shall not advocate for bail
80	80	52of any amount for children in its care or custody. 4 of 15
81	81	53 (ix) Each child has the right to developmentally appropriate information about a foster
82	82	54family or program prior to being placed whenever possible and, whenever possible and
83	83	55appropriate, shall have an opportunity to meet the foster parent or program staff before
84	84	56placement occurs. If the foster placement is only able to accommodate the child for a limited
85	85	57time, the child shall be notified of the anticipated duration of the child’s stay with that foster
86	86	58placement. The child shall be informed of a placement change and the reason(s) for the change at
87	87	59least 5 days in advance whenever possible. When a change is made in an emergency
88	88	60circumstance, the child shall be given as much notice as possible. The child’s attorney shall be
89	89	61notified simultaneously. The child’s belongings shall be packed with care and the child shall be
90	90	62allowed to bring their essential belongings and comfort items with them.
91	91	63 (2) Connections to Family, Community and Identity:
92	92	64 (i) Each child has the right to know, understand, learn about and develop the child’s
93	93	65racial, cultural, linguistic, gender, religious and ethnic identity, including but not limited to
94	94	66clothing, hair, other cultural expressions of identity and body care and to a placement that will
95	95	67provide or maintain the connections necessary to preserve and promote the child’s identities.
96	96	68 (ii) To the best of the department’s ability, each child has the right to preserve and
97	97	69maintain all languages the child entered care speaking and to reside in a placement that provides
98	98	70or facilitates appropriate language access.
99	99	71 (iii) Each child has the right to be placed according to the child’s gender identity and
100	100	72referred to by the name and gender pronouns preferred by the child. A child’s sexual orientation
101	101	73and gender identity and expression shall remain private unless the child permits the information 5 of 15
102	102	74to be disclosed, the disclosure is required to protect the child’s health and safety, or disclosure is
103	103	75compelled by law or a court order.
104	104	76 (iv) Each child has the right to a placement identified and located through due diligence
105	105	77and that prioritizes the child’s parents, relatives and child-specific family, using full and fair
106	106	78consideration, as potential placement providers. The child’s parents shall be considered first,
107	107	79then relatives and then child-specific family.
108	108	80 (v) Each child has the right to prioritization of placement with the child’s siblings or half-
109	109	81siblings in all settings and permanency plans, including but not limited to foster care, congregate
110	110	82care, and adoption, unless the joint placement is contrary to the safety or well-being of any of the
111	111	83siblings. The department shall work to address barriers to placing siblings together, including the
112	112	84recruitment and retention of foster and adoptive parents able to parent sibling groups. The
113	113	85department shall ensure that the child be placed in as close proximity as possible to siblings if
114	114	86unable to be placed in the same setting, and shall facilitate frequent and meaningful contact
115	115	87regardless of geographic barriers, if it is not harmful to the safety and well-being of each sibling.
116	116	88 (vi) Each child has the right to family time of a duration and frequency and in a setting
117	117	89that (A) is consistent with the developmental or clinical needs of the child and (B) promotes and
118	118	90preserves their connections with their family. Family time shall take place in person or outside of
119	119	91a department office whenever possible.
120	120	92 (vii) Each child has the right to other forms of parental contact, including but not limited
121	121	93to mail, phone calls, videoconferences, email and texts if they have their own phone and if not
122	122	94harmful to the safety or well-being of the child. All placements, including congregate care
123	123	95programs, shall facilitate access to virtual forms of contact. 6 of 15
124	124	96 (viii) Each child has the right to assistance to maintain positive contact with other family
125	125	97members and significant other positive relationships in the child’s life, including but not limited
126	126	98to teachers, friends and community individuals.
127	127	99 (ix) Each child has the right to be treated as a family member in a foster family and,
128	128	100whenever possible, be included in a foster family’s activities, holidays and traditions taking into
129	129	101consideration factors that include but are not limited to the child’s age and trauma history. Each
130	130	102child shall have the opportunity to be included in the daily activities of the family to maintain the
131	131	103most normal daily routine and environment as possible.
132	132	104 (3) Health Care and Accessibility:
133	133	105 (i) Each child has the right to access appropriate, timely and gender-affirming medical,
134	134	106reproductive, dental, vision, mental and behavioral health services regularly and more often as
135	135	107needed.
136	136	108 (ii) Each child has the right to discuss any questions or concerns the child has relating to
137	137	109medication or other physical, mental or behavioral health treatment with the department and with
138	138	110a healthcare provider and to understand the medications and/or treatment provided, its purposes
139	139	111and side effects in a developmentally appropriate way.
140	140	112 (iii) Each child has the right to out-of-home placements that are accessible for any
141	141	113disabilities the child may have and to any necessary reasonable accommodations. Reasonable
142	142	114accommodation(s) will be provided in a timely manner and in such a way as to protect the
143	143	115privacy of the child. Each child also has a right to discuss any disabilities with the department
144	144	116and request adaptive equipment, auxiliary aids or services. 7 of 15
145	145	117 (4) Education, Employment and Social Connections:
146	146	118 (i) Each child has the right to attend school regularly, to educational stability, to
147	147	119educational supports and to an education that meets their needs under federal and state law.
148	148	120 (ii) Each child has the right for the department to prioritize school stability by (A) placing
149	149	121children as close to home as possible and, (B) maintaining the child at their school of origin
150	150	122unless it is found, in a Best Interest Determination (BID) meeting pursuant to federal law, not to
151	151	123be in their best interest to do so.
152	152	124 (iii) Each child has the right to participate in developmentally appropriate school,
153	153	125extracurricular, enrichment, religious, cultural, linguistic, ethnic and social activities and to have
154	154	126any placement provider use the reasonable and prudent parenting standard when making
155	155	127decisions regarding participation in such activities.
156	156	128 (iv) Each child has the right to achieve developmentally and religiously appropriate, age-
157	157	129related milestones, including but not limited to obtaining a driver’s license, opening bank
158	158	130accounts, birthday celebrations, religious ceremonies or graduations.
159	159	131 (v) Each child has the right to be informed of and supported in accessing all available
160	160	132services through the department, including but not limited to educational, vocational and
161	161	133employment services, assistance in acquiring life skills, educational assistance including but not
162	162	134limited to tuition and fee waivers for post-secondary education, financial support, housing
163	163	135support, assistance with credit reports and resolving inaccuracies, training and career guidance to
164	164	136accomplish personal goals and prepare for the future, employment supports available to children
165	165	137in care and adaptive equipment or auxiliary aids and supports. 8 of 15
166	166	138 (vii) Each child has the right to developmentally appropriate education on financial
167	167	139preparedness, job readiness, appropriate use of social media, education options, healthy
168	168	140relationships, physical, mental, sexual and reproductive health.
169	169	141 (5) Resources and Supports:
170	170	142 (i) Each child has the right to reasonable access to a caseworker who can make case plan
171	171	143decisions and shall include the opportunity for the child to have private conversations regarding
172	172	144any questions, grievances or concerns. Reasonable access shall include the department’s social
173	173	145worker and supervisor’s office telephone numbers and email addresses as well as, at a minimum,
174	174	146monthly visits by the department. The department shall also provide the child an emergency
175	175	147contact number for a department staff member who can make decisions and take action with
176	176	148respect to the child during non-business hours.
177	177	149 (ii) Each child has the right to participate as developmentally appropriate in the
178	178	150development and review of the action plans and family time and visitation plans, their
179	179	151Individualized Education Program and Best Interest Determination and shall be consulted as the
180	180	152department formulates or updates said items. Children aged 14 and older shall also be presented
181	181	153with the action or service plan for their review, written feedback and signature. A child has the
182	182	154right to request that their foster parent(s) participate at foster care reviews and to object to their
183	183	155participation if a child does not want them to attend.
184	184	156 (iii) Each child has the right to be informed, in a developmentally appropriate way, of the
185	185	157meaning of all documents that they are asked to sign by the department and/or its
186	186	158agents/contractors/providers including the Voluntary Agreement for Placement and documents
187	187	159of similar importance. A child shall have their attorney present whenever asked to sign any 9 of 15
188	188	160documents by the department or its agents/contractors/providers, or the document shall be
189	189	161provided in a timely fashion to the child’s attorney to give an opportunity for review in advance
190	190	162of presenting it for signature.
191	191	163 (iv) Each child has the right to be informed in a developmentally appropriate way of the
192	192	164reason(s) the department became involved with the child’s family, why the child came into care
193	193	165and why the child is still in care. The department shall offer support through the review process
194	194	166to address any possible trauma caused by a child’s access to their case files. Upon turning 18, the
195	195	167youth will have the right to access their case files, barring any confidential or legally privileged
196	196	168information.
197	197	169 (v) Each child aged 14 or older has the right to be included in foster care review
198	198	170meetings, permanency hearings and lead agency team meetings except for those parts that
199	199	171involve information that is confidential regarding a previous or future adoptive, kinship or foster
200	200	172parent under federal or state law, and unless documented by court order that participation would
201	201	173be detrimental to the child. The department shall provide that child the ability to offer input to
202	202	174the department before a final decision is made with respect to determining or changing
203	203	175placement or permanency. If the child is unable to attend in person, by phone or video, the child
204	204	176shall have the right to submit a written statement to be considered at the meeting or hearing.
205	205	177 (vi) Each child has the right to department-provided adequate notice of all court hearings.
206	206	178To the extent possible, the notice shall include the date, time and location of the hearing. The
207	207	179department shall ensure the child understands the child’s right to attend court hearings and speak
208	208	180to the judge regarding any decision that may have an impact on the child’s life. 10 of 15
209	209	181 (vii) Each child has the right to access their medical, dental and educational records held
210	210	182by the department as well as their personal documents, including but not limited to social
211	211	183security card, birth certificate, health insurance information, state identification card, driver’s
212	212	184license, passport, and documentation related to their immigration status, including work
213	213	185authorization in a developmentally appropriate way. When a child leaves the care of the
214	214	186department, they shall be given copies of medical, dental and educational records held by the
215	215	187department and original copies of all personal documents. If a minor who is aging out of care and
216	216	188is seeking to change their name and/or gender marker on relevant legal documents to affirm their
217	217	189gender identity, before the child ages out of care, the department must ensure that all relevant
218	218	190legal documents, including birth certificate, social security card, state identification card, driver’s
219	219	191license, passport and immigration documentation are updated and corrected before the child
220	220	192departs care. This shall also apply to children in the permanent custody of the department whose
221	221	193parents have had their rights terminated. The department must further provide contact
222	222	194information for providers who are currently providing care for the child. The department shall
223	223	195begin planning to return the documents to the child at least 30 days before the child leaves care
224	224	196to be able to give the documents to the child on the day of the child’s departure. As soon as a
225	225	197child in the department’s care is eligible the department must assist the child in obtaining a state
226	226	198identification card if the child does not have one and wants one.
227	227	199 (viii) Each child has the right to an attorney when the department seeks custody of the
228	228	200child and to meaningful contact with said attorney including at foster care reviews. Each child
229	229	201shall be informed, when appropriate, by the department of the name and phone numbers of the
230	230	202assigned attorney. Each child, child’s parent and foster parent shall be informed, when
231	231	203appropriate, by the department that the child can contact the child’s attorney, and of the 11 of 15
232	232	204processes to file a complaint regarding the child’s attorney and to request a change of attorney
233	233	205for the child. The department shall notify the child’s attorney of each child’s placement address
234	234	206and phone number no later than 24 hours after the time of placement or placement change.
235	235	207 (ix) Each child has the right to department-provided notice of the clothing, birthday,
236	236	208holiday and emergency payments to foster parents and placement providers for children in
237	237	209placement and that the child has the right to have those payments used to meet the child’s needs.
238	238	210A child over the age of 14 who has a bank account may receive direct payment from the
239	239	211department through their attorney or the department upon request.
240	240	212 (x) Each child, and their attorney, has the right to be informed if the department applies
241	241	213for any benefits on behalf of the child, including but not limited to benefits under Title XVI of
242	242	214the Social Security Act, also referred to as “Supplemental Security Income;" benefits under Title
243	243	215II of the Social Security Act, also referred to as “Retirement, Survivors or Disability Benefits,”
244	244	216and if the department applies to be the representative payee for such benefits. The department
245	245	217shall preserve all of such funds received in an interest-bearing account belonging to the child so
246	246	218the funds are available for the child’s benefit and use while they are in care, and the child’s use
247	247	219when they turn 18. The department shall not use such funds for the customary costs of foster
248	248	220care, nor shall it use such funds to pay the costs of items which would ordinarily be funded by
249	249	221another source. If necessary, the department shall preserve said funds in an ABLE (Achieving a
250	250	222Better Life Experience) account authorized by Section 529A of the Internal Revenue Code of
251	251	2231986, or another trust account for the child determined not to interfere with SSI or asset
252	252	224limitations for any other benefit program. Each child, and their attorney, shall have the right to
253	253	225be informed by the department if they stop receiving said benefits, or are no longer eligible to
254	254	226receive them. 12 of 15
255	255	227 (6) Transition Age Youth
256	256	228 (i) Each child, age 14 or older, has the right to collaborate with the department to plan
257	257	229their transition from foster care to adulthood. Transition planning should cover all areas needed
258	258	230for a youth to be stable and successful as an adult, including but not limited to, planning for visits
259	259	231and/or contact with parents and siblings; building relationships with other caring adults,
260	260	232particularly with life-long connections; making an education plan including post-secondary
261	261	233education; finding vocational, employment and career counseling and placement; securing stable
262	262	234housing; developing expertise in daily living skills; maintaining physical, reproductive and
263	263	235mental health care and health insurance; learning how to access community resources and public
264	264	236benefits and services; connecting with other state agencies; developing financial skills including
265	265	237but not limited to, understanding budgeting and money management as well as checking and
266	266	238savings accounts; and receiving, understanding and correcting, if applicable, the child’s
267	267	239consumer credit report. The department shall provide all associated services and supports
268	268	240necessary for such planning.
269	269	241 (ii) Each child, who turns 18 while in the custody of the department, has the right to
270	270	242continue under the responsibility of the department and receive young adult services until turning
271	271	24323, pursuant to federal requirements. Each child has the right to be offered a Voluntary
272	272	244Placement Agreement by the department in the month prior to their turning 18 years old. The
273	273	245Voluntary Placement Agreement shall be developed together with the child during permanency
274	274	246and transition planning. Each child has the right to be made aware of this right and any federal
275	275	247requirements governing services for transition age youth throughout the transition planning
276	276	248process. 13 of 15
277	277	249 (iii) Each child has the right to a transition plan at least one year prior to turning 18 years
278	278	250old crafted by the department at the direction of the transition age youth, regardless whether they
279	279	251will continue under the responsibility of the department upon turning 18, that includes
280	280	252personalized, detailed, tangible, available and clear options for resources for meeting their basic
281	281	253needs including, but not limited to, housing, education and vocational supports which fulfill the
282	282	254requirements of 42 U.S.C. s.675 (5)(H), as amended.
283	283	255 (iv) Each child aged 18 and older, who has chosen to remain under the responsibility of
284	284	256the department has the right to engage and re-engage with the department under a Voluntary
285	285	257Placement Agreement at any time for any reason.
286	286	258 (v) Each child has the right to all department-identified, appropriate housing
287	287	259opportunities available to a youth turning 18, a young adult leaving the care of the department
288	288	260after the age of 18 and a youth who re-enters the department.
289	289	261 (vi) Each child has the right not to be made homeless or redirected to shelter by the
290	290	262department upon said child turning age 18. The department shall have the responsibility of
291	291	263identifying any and all appropriate housing opportunities to said youth, and each child shall be
292	292	264informed of and supported with any housing opportunities through the department or other
293	293	265outside available resources upon the youth’s discharge or re-entry to the department’s
294	294	266responsibility at age 18. The department shall not discharge youth due to the youth receiving
295	295	267services from other state agencies including but not limited to the department of mental health,
296	296	268the department of disability services, the department of transitional assistance, or the department
297	297	269of youth services, and shall not discharge youth on the basis of an arrest without a conviction.
298	298	270 (7) Remedies 14 of 15
299	299	271 (i) Each child has the right to have these rights enforced. The department shall not
300	300	272retaliate against or punish a child for asserting their rights.
301	301	273 Nothing in this section shall be construed to diminish the rights, privileges, or remedies
302	302	274of any person under any other federal or state law.
303	303	275 (ii) Each child has the right to department-provided contact information for the
304	304	276ombudsperson, the office of the child advocate and the court when they enter the care and
305	305	277custody of the department and upon request. If it is developmentally inappropriate to provide the
306	306	278child with such information, a child’s attorney may be provided with this contact information.
307	307	279 (iii) Each child has the right, if the child, the child’s parent, the child’s attorney, the
308	308	280child’s social worker or the child’s foster parent or placement provider believes any of the above
309	309	281rights have been violated, to discuss the alleged violation with the department, file a complaint
310	310	282with the department’s ombudsman, file a complaint with the office of the child advocate, and
311	311	283those with appropriate standing, may request a fair hearing or petition the Juvenile or Probate
312	312	284and Family Court for a determination and enforcement of these rights. The department shall not
313	313	285retaliate against or punish a child, a child’s parent, an attorney, a social worker, a foster parent or
314	314	286placement provider for asserting this right. If the department, ombudsman, the office of the child
315	315	287advocate or the court determines the child's rights have been violated, the department shall
316	316	288resolve the violation as soon as practicable and make corrections so that the violation does not
317	317	289occur again.
318	318	290 (e) The rights enumerated in subsection (d) shall be obligations of the department. 15 of 15
319	319	291 (f) The rights enumerated in subsection (d) are not an exhaustive list of rights to which
320	320	292children under the custody, care or responsibility of the department are entitled and should not be
321	321	293read to limit the rights of children, or the responsibilities of the department in any way.
322	322	294 (g) The commissioner of the department of children and families, in consultation with the
323	323	295office of the child advocate, shall submit an annual report to the house and senate committees on
324	324	296ways and means, the joint committee on children, families and persons with disabilities and the
325	325	297house and senate clerks’ offices on the number and types of complaints or alleged violations
326	326	298received pursuant to this act, as well as the nature of the complaints and/or alleged violations.