Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S106 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. 859 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 106
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joanne M. Comerford
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 :Joanne M. ComerfordHampshire, Franklin and Worcester 1 of 9
16	16	SENATE DOCKET, NO. 859 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 106
18	18	By Ms. Comerford, a petition (accompanied by bill, Senate, No. 106) of Joanne M. Comerford
19	19	for legislation to establish the Massachusetts foster care review office. Children, Families and
20	20	Persons with Disabilities.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 66 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act transferring foster care review responsibilities to the Office of the Child Advocate.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 18B of the General Laws is hereby amended by striking out section
32	32	26A.
33	33	3 SECTION 2. Section 1 of chapter 18C of the General Laws is hereby amended by
34	34	4inserting after the definition of "Critical incident'” the following definition:-
35	35	5 “Committee”, the foster care review interdisciplinary committee.
36	36	6 SECTION 3. Said section 1 of said chapter 18C is hereby further amended by inserting
37	37	7after the definition of “Executive agency” the following 3 definitions:-
38	38	8 “Foster care placement”, all out-of-home placements of children, youth, or young adults
39	39	9by the department whether voluntarily or by court assigned custody. 2 of 9
40	40	10 “Foster care review”, an administrative review of the status of each child, youth or young
41	41	11adult who is in foster care placement.
42	42	12 “Local panel”, a foster care review panel of trained volunteer citizen reviewers and
43	43	13FCRO staff created pursuant to this chapter.
44	44	14 SECTION 4. Said section 1 of said chapter 18C is hereby further amended by inserting
45	45	15after the definition of “Office” the following 3 definitions:-
46	46	16 “Parties”, all parties involved in a specific child, youth, or young adult case.
47	47	17 “Permanency”, a legal, permanent family living arrangement.
48	48	18 “Secretary”, the secretary of the executive office of health and human services.
49	49	19 SECTION 5. Section 2 of said chapter 18C is hereby amended by striking out, in lines 2
50	50	20and 3, the words “shall be independent of any supervision or control by any executive agency”
51	51	21and inserting in place thereof the following words:- shall be an independent state agency not
52	52	22subject to the supervision and control of any other executive office, department, commission,
53	53	23board, bureau, agency or political subdivision of the commonwealth.
54	54	24 SECTION 6. Said chapter 18C is hereby further amended by inserting after section 4 the
55	55	25following section:
56	56	26 Section 4A. (a) There shall be an interdisciplinary committee within the advisory council
57	57	27that shall include commissioner level or designee representation of the department, the office of
58	58	28the child advocate, the department of developmental services, the department of elementary and
59	59	29secondary education, the department of mental health, the department of public health, the
60	60	30department of transitional assistance, the department of youth services and the Massachusetts 3 of 9
61	61	31rehabilitation commission to ensure that appropriate services are being delivered in the best
62	62	32interest of the child, youth or young adult. Experts may be invited to the committee meetings to
63	63	33address specific concerns or issues, including issues disproportionately impacting historically
64	64	34marginalized communities, transition age youth and issues and needs relating to lesbian, gay,
65	65	35bisexual, transgender or queer people. The committee shall be chaired by the child advocate and
66	66	36shall convene at least monthly.
67	67	37 (b) The committee shall:
68	68	38 (i) address and resolve case-specific issues that have been elevated by the child advocate;
69	69	39and
70	70	40 (ii) address systemic issues impacting progress towards permanency and services focused
71	71	41on the best interest of children, youth and young adults in foster care placement brought to the
72	72	42council’s attention by any member of the committee or advisory council.
73	73	43 SECTION 7. Said chapter 18C is hereby further amended by inserting after section 14 the
74	74	44following 7 sections:-
75	75	45 Section 15. (a) The child advocate shall conduct foster care case reviews every 6 months
76	76	46of every child in foster care placement to make determinations and recommendations regarding
77	77	47the placement and progress towards permanency; provide information and direct reporting to the
78	78	48legislature, the department, the governor, the secretary, the chief justices of the juvenile and the
79	79	49probate and family courts, and the public regarding the foster care system in Massachusetts;
80	80	50make recommendations regarding foster care policy; and ensure oversight, accountability and
81	81	51transparency regarding the foster care system. 4 of 9
82	82	52 (1) The child advocate shall designate local panels of trained citizen reviewers to conduct
83	83	53foster care case reviews for every child in foster care placement at least every 6 months while in
84	84	54placement.
85	85	55 (2) The child advocate shall create and implement the following:
86	86	56 (i) Policies and procedures regarding the duties of the office of the child advocate staff,
87	87	57including the scheduling and conduct of case reviews, advanced notice to parties to the case,
88	88	58development of individual case review reports including findings and recommendations,
89	89	59dissemination of individual case review reports to the parties and follow-up of individual cases;
90	90	60 (ii) Guidelines regarding citizen reviewer qualifications and recruitment;
91	91	61 (iii) Training programs for citizen reviewers which shall include an initial training
92	92	62program and periodic in-service training programs;
93	93	63 (iv) Policies and procedures for local panels in the conduct of individual case reviews;
94	94	64 (v) Policies and procedures for the office of the child advocate regarding the conduct of
95	95	65reviews, follow-up of individual cases between reviews, communication with parties, structure,
96	96	66format and content of individual case review reports and access to data and information;
97	97	67 (vi) A record-keeping system for all local panel files, including individual case reviews
98	98	68and aggregate data;
99	99	69 (vii) Content and format of periodic and annual child advocate aggregate reports. 5 of 9
100	100	70 (3) The child advocate shall provide periodic and annual aggregate reports to the
101	101	71legislature, governor, secretary, the department, the chief justices of the juvenile and the probate
102	102	72and family courts and the public.
103	103	73 (4) The child advocate shall have access to all relevant information regarding any child,
104	104	74youth or young adult eligible for foster care case review including, but not limited to, data,
105	105	75records and case files provided to the child advocate by the department.
106	106	76 (5) Individual case review reports shall be provided to all parties to the legal case for
107	107	77judicial consideration and for the purposes of the safety and well-being of the child and
108	108	78permanency planning.
109	109	79 (b) The child advocate shall be the only entity that conducts periodic, administrative
110	110	80foster care case reviews as required by the Adoption Assistance and Child Welfare Act of 1980
111	111	81(Public Law 60 96-272).
112	112	82 Section 16. (a) The child advocate shall designate local panels of citizen reviewers, in
113	113	83geographical locations that correspond with the department’s service areas, to conduct foster care
114	114	84case reviews. The number of panels required is determined by the child advocate in accordance
115	115	85with the number of children, youth and young adults in foster care placement within each service
116	116	86area. The child advocate shall create and implement citizen volunteer recruitment efforts and
117	117	87select citizen volunteers from local areas to serve on local panels. A person employed by the
118	118	88child advocate, the department, a child welfare agency or juvenile and probate or family courts
119	119	89shall not be appointed to a local panel. 6 of 9
120	120	90 (b) Each local panel, comprised of 1 office of the child advocate staff reviewer and 2
121	121	91trained citizen reviewers, shall conduct individual foster care case reviews in accordance with the
122	122	92policies and procedures created and implemented by the child advocate.
123	123	93 Section 17. (a) The foster care case review shall be conducted to determine:
124	124	94 (1) necessity, appropriateness and safety of the child, youth or young adult’s current
125	125	95placement;
126	126	96 (2) extent of the parties’ compliance with the permanency or action plan;
127	127	97 (3) extent of progress made toward alleviating or mitigating the causes necessitating the
128	128	98placement;
129	129	99 (4) extent to which services in the plan are being provided and the identification of any
130	130	100barriers to receiving the needed services;
131	131	101 (5) progress made toward the permanency goal;
132	132	102 (6) whether the permanency goal should be amended;
133	133	103 (7) projected date by which child may be in a permanent placement;
134	134	104 (8) goals for the next 6 months;
135	135	105 (9) additional findings and recommendations in accordance with the child, youth or
136	136	106young adult’s best interest; and
137	137	107 (10) well-being status of the child or youth; provided, that well-being shall be of the
138	138	108whole child or youth and includes physical health development and safety; psychological and 7 of 9
139	139	109emotional development; social development and behavior; and cognitive development and
140	140	110educational achievement.
141	141	111 (b) The local foster care case review meeting shall be facilitated by an office of the child
142	142	112advocate staff reviewer who is responsible for completing the individual case review report of
143	143	113findings and recommendations.
144	144	114 (c) Anyone with a role in achieving the permanency goal for the child, youth or young
145	145	115adult shall be invited to the review. The individual case review report shall be submitted to the
146	146	116department, the juvenile or probate and family court and all other legal parties to the case within
147	147	11730 days after the foster care case review.
148	148	118 (d) The department shall comply with the child advocate individual case review findings
149	149	119and recommendations, subject to an appeals process developed and agreed to by the child
150	150	120advocate and the department.
151	151	121 Section 18. (a) The department shall provide the child advocate with unrestricted access
152	152	122to any and all information pertaining to the child, youth or young adult’s needs including
153	153	123electronic and hard copy records, reports and materials, specifically department records
154	154	124including evaluations conducted by external or independent providers and court evaluations.
155	155	125 (b) The department shall notify the child advocate of a child, youth or young adult
156	156	126removal from home, placement, change to placement or case closure no later than two weeks
157	157	127from the date of the occurrence.
158	158	128 The child advocate shall be bound by any limitations on the use or release of information
159	159	129imposed by law upon the party furnishing such information. 8 of 9
160	160	130 Section 19. The child advocate shall develop internal procedures, including staffing and
161	161	131budget, subject to appropriation, appropriate for the effective performance of all duties
162	162	132established under sections 15 through 17, inclusive, of this chapter.
163	163	133 Section 20. (a) The child advocate shall report annually to the governor, the president of
164	164	134the senate, the speaker of the house of representatives, the joint committee on children, families
165	165	135and persons with disabilities, the chief justices of the juvenile and the probate and family courts,
166	166	136the secretary and the commissioner of the department on the activities of the child advocate,
167	167	137including, but not limited to, statistics and analysis of aggregate data from the foster care reviews
168	168	138regarding strengths, issues, policy concerns and problems which have come to the attention of
169	169	139the child advocate from analysis of the aggregate data. The child advocate shall make
170	170	140recommendations to address the issues, concerns and problems identified.
171	171	141 (b) The reports shall be made public and posted on the website of the office of the child
172	172	142advocate.
173	173	143 Section 21. No person employed by, contracted by or volunteering for the office of the
174	174	144child advocate shall be subject to suit directly, derivatively or by way of contribution or
175	175	145indemnification for any civil damages under the laws of the commonwealth resulting from any
176	176	146act or omission performed during or in connection with the discharge of duties within the scope
177	177	147of employment or appointment, unless such act or failure to act was committed with gross
178	178	148negligence, maliciously or in bad faith.
179	179	149 SECTION 8. (a) The office of the child advocate shall develop a foster care review
180	180	150transition and implementation plan with a timeline. The plan shall be completed no later than 210
181	181	151days after the effective date of this act. 9 of 9
182	182	152 (b) Implementation of the transition plan shall occur no later than 15 months after the
183	183	153effective date of this act.