Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S103 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. 1930 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 103
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Nick Collins
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 to establish the Leslie law.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Nick CollinsFirst Suffolk 1 of 3
16	16	SENATE DOCKET, NO. 1930 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 103
18	18	By Mr. Collins, a petition (accompanied by bill, Senate, No. 103) of Nick Collins for legislation
19	19	to allow for surveillance in out-of-home care facilities in the event of an allegation of abuse.
20	20	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 to establish the Leslie law.
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. Definitions(a) "Out-of-home care" shall refer to family foster care, family
30	30	2child care, large family child care, child care center care, school-aged child care programs, group
31	31	3residential care, or temporary shelter for foster children licensed under Chapter 15D of the
32	32	4General Laws, or a family foster home not licensed by the Department of Early Education and
33	33	5Care (EEC).(b) "DCF" shall refer to the Massachusetts Department of Children and Families.(c)
34	34	6"Surveillance camera" shall refer to a recording device placed in an obvious location inside a
35	35	7building to monitor audio and visual proceedings.(d) "Public spaces" shall refer to any area
36	36	8inside or outside of the home where children and adults interact, including but not limited to,
37	37	9driveways, backyards, kitchens, dining rooms, living rooms, and dens.(e) "Body-worn camera"
38	38	10shall refer to a recording device worn on a social worker’s person which collects audio and
39	39	11visual recordings of encounters between DCF employees and the public.(f) "Social worker" shall
40	40	12refer to a family resource worker, DCF investigator, adoption social worker, ongoing social
41	41	13worker, or medical social worker employed and under the directive of DCF.(g) "Medical alert 2 of 3
42	42	14device" shall refer to an age-appropriate body-worn apparatus which allows instantaneous
43	43	15contact with designated healthcare practitioners to respond to immediate and urgent medical
44	44	16needs.
45	45	17 SECTION 2. Surveillance in Out-of-Home Care Facilities(a) In the event of an allegation
46	46	18of abuse pursuant to Section 51A of Chapter 119 of the General Laws against any state employee
47	47	19or state-licensed foster parent responsible for foster children in out-of-home care, which is
48	48	20escalated under Section 51B of the same chapter, the out-of-home facility shall be equipped with
49	49	21surveillance cameras in all public spaces regardless of the outcome of the investigation.(b) The
50	50	22out-of-home care facility must implement surveillance cameras in a manner that allows proper
51	51	23viewing of the entire space where they are installed and shall install such cameras within two
52	52	24business days of the initiation of the Section 51B investigation.(c) Surveillance cameras shall not
53	53	25be placed in bedrooms or bathrooms used by children over the age of four.(d) The surveillance
54	54	26cameras shall remain in the facility for the entirety of the period during which the facility
55	55	27continues to be licensed by the EEC and continues to house and care for foster children.(e) When
56	56	28a facility ceases operations under this chapter, the surveillance cameras may be removed.(f) DCF
57	57	29shall be responsible for providing and financing all video surveillance equipment and creating a
58	58	30system to maintain the recordings.
59	59	31 SECTION 3. Body-Worn Cameras for Social Workers(a) A social worker employed and
60	60	32under the directive of DCF shall wear a body-worn camera at all times when entering an out-of-
61	61	33home facility in charge of a foster child while conducting proceedings pursuant to Section 51A
62	62	34of Chapter 119.(b) When entering a private home to investigate a report of abuse pursuant to
63	63	35Section 51A of Chapter 119 of the General Laws, a DCF social worker shall obtain the consent
64	64	36of the biological parent or legal guardian of the child and comply with their decision regarding 3 of 3
65	65	37recording the proceedings.(c) A social worker employed and under the directive of DCF shall
66	66	38wear a body-worn camera during any emergency removal process.(d) DCF shall be responsible
67	67	39for creating a system to maintain these recordings.(e) DCF shall include in its yearly report the
68	68	40outcomes of the emergency removal process, referencing body-worn camera footage for
69	69	41instances of physical altercations, violence between social workers and the public, and the rate of
70	70	42escalation involving law enforcement.
71	71	43 SECTION 4. Medical Alert Devices for Foster Children(a) DCF shall ensure that every
72	72	44child above the age of 10 for whom the department has custody is provided with a functional cell
73	73	45phone. Expenditures for monthly phone bills, maintenance costs, and physical devices shall be
74	74	46covered by the department.(b) Foster children in the custody of the department shall be provided
75	75	47with a medical alert device, along with mandatory training courses for proper use. These devices
76	76	48shall contain essential health information for each foster child to ensure proper medical
77	77	49responses.(c) DCF shall include in its yearly report the rate of use of medical alert devices and
78	78	50the outcomes of medical interventions resulting from their usage.(d) Each foster child in the
79	79	51custody of the department shall receive a comprehensive medical evaluation annually following
80	80	52the initial health evaluation during intake. The results of these evaluations shall be used to report
81	81	53potential abuse and maltreatment.
82	82	54 SECTION 5. Waiver of Immunity(a) Non-compliance with the provisions outlined in this
83	83	55act may result in the waiver of immunity.
84	84	56 SECTION 6. This act shall take effect in 2024. Any policies necessary to comply with
85	85	57these provisions shall be promulgated on or before the effective date of this act.