Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S107 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1711 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 107
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 establishing a bill of rights for children in foster care.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterNick CollinsFirst Suffolk2/12/2025 1 of 15
16	16	SENATE DOCKET, NO. 1711 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 107
18	18	By Ms. Comerford, a petition (accompanied by bill, Senate, No. 107) of Joanne M. Comerford
19	19	and Nick Collins for legislation to establish a bill of rights for children in foster care. Children,
20	20	Families and Persons with Disabilities.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 68 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 establishing a bill of rights for children in foster care.
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 119 of the General Laws, as appearing in the 2022 Official Edition,
32	32	2is hereby amended by inserting after section 23C the following section:-
33	33	3 Section 23D. (a) As used in this section, the following words shall, unless the context
34	34	4clearly requires otherwise, have the following meanings:-
35	35	5 “Child” means any child, youth or young adult who is under the custody, care or
36	36	6responsibility of the department.
37	37	7 “Child-specific family” means a family that includes a non-relative (i) who is significant
38	38	8in a particular child’s life, or (ii) to whom the child and/or parent(s) ascribe the role of family
39	39	9based on cultural and affectional ties or individual family values. 2 of 15
40	40	10 “Department” means the Department of Children and Families.
41	41	11 (b) The department shall present a document listing the rights enumerated in subsection
42	42	12(d) to the parent(s) of each child in its care, the foster parent(s) of each child in its care and each
43	43	13child in its care, or where developmentally appropriate, the child’s attorney, when the child
44	44	14enters care and at other times the department deems appropriate. Within 3 months of the
45	45	15effective date of this statute, the department shall create a simple and plain language version of
46	46	16these rights as they are enumerated below so that they are accessible and easily understood by
47	47	17children and youth in care. This simple and plain language version shall be created with the
48	48	18participation of lived experience community members. The department shall explain these rights
49	49	19to the child in a developmentally appropriate way when the child enters the department’s care.
50	50	20The department shall ensure the document is translated into the language spoken by the child, the
51	51	21child’s parent and the foster parent(s). The document shall be posted in all congregate care
52	52	22facilities in a public space where all residents have access, prominently on its website and in all
53	53	23area offices. The department shall present the document for continual use to the child’s attorney
54	54	24and parent(s) and display the document prominently on its website and in all area offices.
55	55	25 (c) The department shall amend any regulations or policies that may conflict with this
56	56	26section in a timely fashion.
57	57	27 (d) Each child has the following rights:
58	58	28 (1) Safety and Security:
59	59	29 (i) Each child shall be treated with dignity, respect and consideration, and has the right to
60	60	30have their privacy respected. 3 of 15
61	61	31 (ii) Each child has the right not to be discriminated against, physically hurt or harassed by
62	62	32department staff, foster parents, the child’s attorney or service providers on the basis of religion,
63	63	33race, color, creed, gender, gender identity, gender expression, sexual orientation, national origin,
64	64	34age, disability, culture, language or ethnicity.
65	65	35 (iii) Each child has the right to a placement that is gender-affirming and free from
66	66	36physical, psychological, sexual, emotional or other abuse, neglect or exploitation.
67	67	37 (iv) Each child has the right to access personal possessions, personal space and privacy
68	68	38with allowance for safety.
69	69	39 (v) Each child has the right to autonomy of all pictures, taken by any individual, of
70	70	40themselves as appropriate.
71	71	41 (vi) Each child has the right to access sufficient healthy food, clothing, personal care
72	72	42products and items that preserve and promote the child's family's religion and culture and that of
73	73	43the child’s family and the child’s gender-identity as well as the child’s specific hair and body
74	74	44needs.
75	75	45 (vii) Each child has the right to be placed in a safe and nurturing environment and receive
76	76	46appropriate care and treatment in the least restrictive setting available that can meet the child’s
77	77	47needs and addresses their trauma history. The environment shall include the child’s culture,
78	78	48religion and identity as nearly as possible to the home of origin.
79	79	49 (viii) Each child has the right not to be placed, housed or detained in a secure department
80	80	50of youth services placement based on the department of children and families’ inability to 4 of 15
81	81	51provide an available and appropriate foster placement. The department shall not advocate for bail
82	82	52of any amount for children in its care or custody.
83	83	53 (ix) Each child has the right to developmentally appropriate information about a foster
84	84	54family or program prior to being placed whenever possible and, whenever possible and
85	85	55appropriate, shall have an opportunity to meet the foster parent or program staff before
86	86	56placement occurs. If the foster placement is only able to accommodate the child for a limited
87	87	57time, the child shall be notified of the anticipated duration of the child’s stay with that foster
88	88	58placement. The child shall be informed of a placement change and the reason(s) for the change at
89	89	59least 5 days in advance whenever possible. When a change is made in an emergency
90	90	60circumstance, the child shall be given as much notice as possible. The child’s attorney shall be
91	91	61notified simultaneously. The child’s belongings shall be packed with care and the child shall be
92	92	62allowed to bring their essential belongings and comfort items with them.
93	93	63 (2) Connections to Family, Community and Identity:
94	94	64 (i) Each child has the right to know, understand, learn about and develop the child’s
95	95	65racial, cultural, linguistic, gender, religious and ethnic identity, including but not limited to
96	96	66clothing, hair, other cultural expressions of identity and body care and to a placement that will
97	97	67provide or maintain the connections necessary to preserve and promote the child’s identities.
98	98	68 (ii) To the best of the department’s ability, each child has the right to preserve and
99	99	69maintain all languages the child entered care speaking and to reside in a placement that provides
100	100	70or facilitates appropriate language access.
101	101	71 (iii) Each child has the right to be placed according to the child’s gender identity and
102	102	72referred to by the name and gender pronouns preferred by the child. A child’s sexual orientation 5 of 15
103	103	73and gender identity and expression shall remain private unless the child permits the information
104	104	74to be disclosed, the disclosure is required to protect the child’s health and safety, or disclosure is
105	105	75compelled by law or a court order.
106	106	76 (iv) Each child has the right to a placement identified and located through due diligence
107	107	77and that prioritizes the child’s parents, relatives and child-specific family, using full and fair
108	108	78consideration, as potential placement providers. The child’s parents shall be considered first,
109	109	79then relatives and then child-specific family.
110	110	80 (v) Each child has the right to prioritization of placement with the child’s siblings or half-
111	111	81siblings in all settings and permanency plans, including but not limited to foster care, congregate
112	112	82care, and adoption, unless the joint placement is contrary to the safety or well-being of any of the
113	113	83siblings. The department shall work to address barriers to placing siblings together, including the
114	114	84recruitment and retention of foster and adoptive parents able to parent sibling groups. The
115	115	85department shall ensure that the child be placed in as close proximity as possible to siblings if
116	116	86unable to be placed in the same setting, and shall facilitate frequent and meaningful contact
117	117	87regardless of geographic barriers, if it is not harmful to the safety and well-being of each sibling.
118	118	88 (vi) Each child has the right to family time of a duration and frequency and in a setting
119	119	89that (A) is consistent with the developmental or clinical needs of the child and (B) promotes and
120	120	90preserves their connections with their family. Family time shall take place in person or outside of
121	121	91a department office whenever possible.
122	122	92 (vii) Each child has the right to other forms of parental contact, including but not limited
123	123	93to mail, phone calls, videoconferences, email and texts if they have their own phone and if not 6 of 15
124	124	94harmful to the safety or well-being of the child. All placements, including congregate care
125	125	95programs, shall facilitate access to virtual forms of contact.
126	126	96 (viii) Each child has the right to assistance to maintain positive contact with other family
127	127	97members and significant other positive relationships in the child’s life, including but not limited
128	128	98to teachers, friends and community individuals.
129	129	99 (ix) Each child has the right to be treated as a family member in a foster family and,
130	130	100whenever possible, be included in a foster family’s activities, holidays and traditions taking into
131	131	101consideration factors that include but are not limited to the child’s age and trauma history. Each
132	132	102child shall have the opportunity to be included in the daily activities of the family to maintain the
133	133	103most normal daily routine and environment as possible.
134	134	104 (3) Health Care and Accessibility:
135	135	105 (i) Each child has the right to access appropriate, timely and gender-affirming medical,
136	136	106reproductive, dental, vision, mental and behavioral health services regularly and more often as
137	137	107needed.
138	138	108 (ii) Each child has the right to discuss any questions or concerns the child has relating to
139	139	109medication or other physical, mental or behavioral health treatment with the department and with
140	140	110a healthcare provider and to understand the medications and/or treatment provided, its purposes
141	141	111and side effects in a developmentally appropriate way.
142	142	112 (iii) Each child has the right to out-of-home placements that are accessible for any
143	143	113disabilities the child may have and to any necessary reasonable accommodations. Reasonable
144	144	114accommodation(s) will be provided in a timely manner and in such a way as to protect the 7 of 15
145	145	115privacy of the child. Each child also has a right to discuss any disabilities with the department
146	146	116and request adaptive equipment, auxiliary aids or services.
147	147	117 (4) Education, Employment and Social Connections:
148	148	118 (i) Each child has the right to attend school regularly, to educational stability, to
149	149	119educational supports and to an education that meets their needs under federal and state law.
150	150	120 (ii) Each child has the right for the department to prioritize school stability by (A) placing
151	151	121children as close to home as possible and, (B) maintaining the child at their school of origin
152	152	122unless it is found, in a Best Interest Determination (BID) meeting pursuant to federal law, not to
153	153	123be in their best interest to do so.
154	154	124 (iii) Each child has the right to participate in developmentally appropriate school,
155	155	125extracurricular, enrichment, religious, cultural, linguistic, ethnic and social activities and to have
156	156	126any placement provider use the reasonable and prudent parenting standard when making
157	157	127decisions regarding participation in such activities.
158	158	128 (iv) Each child has the right to achieve developmentally and religiously appropriate, age-
159	159	129related milestones, including but not limited to obtaining a driver’s license, opening bank
160	160	130accounts, birthday celebrations, religious ceremonies or graduations.
161	161	131 (v) Each child has the right to be informed of and supported in accessing all available
162	162	132services through the department, including but not limited to educational, vocational and
163	163	133employment services, assistance in acquiring life skills, educational assistance including but not
164	164	134limited to tuition and fee waivers for post-secondary education, financial support, housing
165	165	135support, assistance with credit reports and resolving inaccuracies, training and career guidance to 8 of 15
166	166	136accomplish personal goals and prepare for the future, employment supports available to children
167	167	137in care and adaptive equipment or auxiliary aids and supports.
168	168	138 (vii) Each child has the right to developmentally appropriate education on financial
169	169	139preparedness, job readiness, appropriate use of social media, education options, healthy
170	170	140relationships, physical, mental, sexual and reproductive health.
171	171	141 (5) Resources and Supports:
172	172	142 (i) Each child has the right to reasonable access to a caseworker who can make case plan
173	173	143decisions and shall include the opportunity for the child to have private conversations regarding
174	174	144any questions, grievances or concerns. Reasonable access shall include the department’s social
175	175	145worker and supervisor’s office telephone numbers and email addresses as well as, at a minimum,
176	176	146monthly visits by the department. The department shall also provide the child an emergency
177	177	147contact number for a department staff member who can make decisions and take action with
178	178	148respect to the child during non-business hours.
179	179	149 (ii) Each child has the right to participate as developmentally appropriate in the
180	180	150development and review of the action plans and family time and visitation plans, their
181	181	151Individualized Education Program and Best Interest Determination and shall be consulted as the
182	182	152department formulates or updates said items. Children aged 14 and older shall also be presented
183	183	153with the action or service plan for their review, written feedback and signature. A child has the
184	184	154right to request that their foster parent(s) participate at foster care reviews and to object to their
185	185	155participation if a child does not want them to attend.
186	186	156 (iii) Each child has the right to be informed, in a developmentally appropriate way, of the
187	187	157meaning of all documents that they are asked to sign by the department and/or its 9 of 15
188	188	158agents/contractors/providers including the Voluntary Agreement for Placement and documents
189	189	159of similar importance. A child shall have their attorney present whenever asked to sign any
190	190	160documents by the department or its agents/contractors/providers, or the document shall be
191	191	161provided in a timely fashion to the child’s attorney to give an opportunity for review in advance
192	192	162of presenting it for signature.
193	193	163 (iv) Each child has the right to be informed in a developmentally appropriate way of the
194	194	164reason(s) the department became involved with the child’s family, why the child came into care
195	195	165and why the child is still in care. The department shall offer support through the review process
196	196	166to address any possible trauma caused by a child’s access to their case files. Upon turning 18, the
197	197	167youth will have the right to access their case files, barring any confidential or legally privileged
198	198	168information.
199	199	169 (v) Each child aged 14 or older has the right to be included in foster care review
200	200	170meetings, permanency hearings and lead agency team meetings except for those parts that
201	201	171involve information that is confidential regarding a previous or future adoptive, kinship or foster
202	202	172parent under federal or state law, and unless documented by court order that participation would
203	203	173be detrimental to the child. The department shall provide that child the ability to offer input to
204	204	174the department before a final decision is made with respect to determining or changing
205	205	175placement or permanency. If the child is unable to attend in person, by phone or video, the child
206	206	176shall have the right to submit a written statement to be considered at the meeting or hearing.
207	207	177 (vi) Each child has the right to department-provided adequate notice of all court hearings.
208	208	178To the extent possible, the notice shall include the date, time and location of the hearing. The 10 of 15
209	209	179department shall ensure the child understands the child’s right to attend court hearings and speak
210	210	180to the judge regarding any decision that may have an impact on the child’s life.
211	211	181 (vii) Each child has the right to access their medical, dental and educational records held
212	212	182by the department as well as their personal documents, including but not limited to social
213	213	183security card, birth certificate, health insurance information, state identification card, driver’s
214	214	184license, passport, and documentation related to their immigration status, including work
215	215	185authorization in a developmentally appropriate way. When a child leaves the care of the
216	216	186department, they shall be given copies of medical, dental and educational records held by the
217	217	187department and original copies of all personal documents. If a minor who is aging out of care and
218	218	188is seeking to change their name and/or gender marker on relevant legal documents to affirm their
219	219	189gender identity, before the child ages out of care, the department must ensure that all relevant
220	220	190legal documents, including birth certificate, social security card, state identification card, driver’s
221	221	191license, passport and immigration documentation are updated and corrected before the child
222	222	192departs care. This shall also apply to children in the permanent custody of the department whose
223	223	193parents have had their rights terminated. The department must further provide contact
224	224	194information for providers who are currently providing care for the child. The department shall
225	225	195begin planning to return the documents to the child at least 30 days before the child leaves care
226	226	196to be able to give the documents to the child on the day of the child’s departure. As soon as a
227	227	197child in the department’s care is eligible the department must assist the child in obtaining a state
228	228	198identification card if the child does not have one and wants one.
229	229	199 (viii) Each child has the right to an attorney when the department seeks custody of the
230	230	200child and to meaningful contact with said attorney including at foster care reviews. Each child
231	231	201shall be informed, when appropriate, by the department of the name and phone numbers of the 11 of 15
232	232	202assigned attorney. Each child, child’s parent and foster parent shall be informed, when
233	233	203appropriate, by the department that the child can contact the child’s attorney, and of the
234	234	204processes to file a complaint regarding the child’s attorney and to request a change of attorney
235	235	205for the child. The department shall notify the child’s attorney of each child’s placement address
236	236	206and phone number no later than 24 hours after the time of placement or placement change.
237	237	207 (ix) Each child has the right to department-provided notice of the clothing, birthday,
238	238	208holiday and emergency payments to foster parents and placement providers for children in
239	239	209placement and that the child has the right to have those payments used to meet the child’s needs.
240	240	210A child over the age of 14 who has a bank account may receive direct payment from the
241	241	211department through their attorney or the department upon request.
242	242	212 (x) Each child, and their attorney, has the right to be informed if the department applies
243	243	213for any benefits on behalf of the child, including but not limited to benefits under Title XVI of
244	244	214the Social Security Act, also referred to as “Supplemental Security Income;" benefits under Title
245	245	215II of the Social Security Act, also referred to as “Retirement, Survivors or Disability Benefits,”
246	246	216and if the department applies to be the representative payee for such benefits. The department
247	247	217shall preserve all of such funds received in an interest-bearing account belonging to the child so
248	248	218the funds are available for the child’s benefit and use while they are in care, and the child’s use
249	249	219when they turn 18. The department shall not use such funds for the customary costs of foster
250	250	220care, nor shall it use such funds to pay the costs of items which would ordinarily be funded by
251	251	221another source. If necessary, the department shall preserve said funds in an ABLE (Achieving a
252	252	222Better Life Experience) account authorized by Section 529A of the Internal Revenue Code of
253	253	2231986, or another trust account for the child determined not to interfere with SSI or asset
254	254	224limitations for any other benefit program. Each child, and their attorney, shall have the right to 12 of 15
255	255	225be informed by the department if they stop receiving said benefits, or are no longer eligible to
256	256	226receive them.
257	257	227 (6) Transition Age Youth
258	258	228 (i) Each child, age 14 or older, has the right to collaborate with the department to plan
259	259	229their transition from foster care to adulthood. Transition planning should cover all areas needed
260	260	230for a youth to be stable and successful as an adult, including but not limited to, planning for visits
261	261	231and/or contact with parents and siblings; building relationships with other caring adults,
262	262	232particularly with life-long connections; making an education plan including post-secondary
263	263	233education; finding vocational, employment and career counseling and placement; securing stable
264	264	234housing; developing expertise in daily living skills; maintaining physical, reproductive and
265	265	235mental health care and health insurance; learning how to access community resources and public
266	266	236benefits and services; connecting with other state agencies; developing financial skills including
267	267	237but not limited to, understanding budgeting and money management as well as checking and
268	268	238savings accounts; and receiving, understanding and correcting, if applicable, the child’s
269	269	239consumer credit report. The department shall provide all associated services and supports
270	270	240necessary for such planning.
271	271	241 (ii) Each child, who turns 18 while in the custody of the department, has the right to
272	272	242continue under the responsibility of the department and receive young adult services until turning
273	273	24323, pursuant to federal requirements. Each child has the right to be offered a Voluntary
274	274	244Placement Agreement by the department in the month prior to their turning 18 years old. The
275	275	245Voluntary Placement Agreement shall be developed together with the child during permanency
276	276	246and transition planning. Each child has the right to be made aware of this right and any federal 13 of 15
277	277	247requirements governing services for transition age youth throughout the transition planning
278	278	248process.
279	279	249 (iii) Each child has the right to a transition plan at least one year prior to turning 18 years
280	280	250old crafted by the department at the direction of the transition age youth, regardless whether they
281	281	251will continue under the responsibility of the department upon turning 18, that includes
282	282	252personalized, detailed, tangible, available and clear options for resources for meeting their basic
283	283	253needs including, but not limited to, housing, education and vocational supports which fulfill the
284	284	254requirements of 42 U.S.C. s.675 (5)(H), as amended.
285	285	255 (iv) Each child aged 18 and older, who has chosen to remain under the responsibility of
286	286	256the department has the right to engage and re-engage with the department under a Voluntary
287	287	257Placement Agreement at any time for any reason.
288	288	258 (v) Each child has the right to all department-identified, appropriate housing
289	289	259opportunities available to a youth turning 18, a young adult leaving the care of the department
290	290	260after the age of 18 and a youth who re-enters the department.
291	291	261 (vi) Each child has the right not to be made homeless or redirected to shelter by the
292	292	262department upon said child turning age 18. The department shall have the responsibility of
293	293	263identifying any and all appropriate housing opportunities to said youth, and each child shall be
294	294	264informed of and supported with any housing opportunities through the department or other
295	295	265outside available resources upon the youth’s discharge or re-entry to the department’s
296	296	266responsibility at age 18. The department shall not discharge youth due to the youth receiving
297	297	267services from other state agencies including but not limited to the department of mental health, 14 of 15
298	298	268the department of disability services, the department of transitional assistance, or the department
299	299	269of youth services, and shall not discharge youth on the basis of an arrest without a conviction.
300	300	270 (7) Remedies
301	301	271 (i) Each child has the right to have these rights enforced. The department shall not
302	302	272retaliate against or punish a child for asserting their rights.
303	303	273 Nothing in this section shall be construed to diminish the rights, privileges, or remedies
304	304	274of any person under any other federal or state law.
305	305	275 (ii) Each child has the right to department-provided contact information for the
306	306	276ombudsperson, the office of the child advocate and the court when they enter the care and
307	307	277custody of the department and upon request. If it is developmentally inappropriate to provide the
308	308	278child with such information, a child’s attorney may be provided with this contact information.
309	309	279 (iii) Each child has the right, if the child, the child’s parent, the child’s attorney, the
310	310	280child’s social worker or the child’s foster parent or placement provider believes any of the above
311	311	281rights have been violated, to discuss the alleged violation with the department, file a complaint
312	312	282with the department’s ombudsman, file a complaint with the office of the child advocate, and
313	313	283those with appropriate standing, may request a fair hearing or petition the Juvenile or Probate
314	314	284and Family Court for a determination and enforcement of these rights. The department shall not
315	315	285retaliate against or punish a child, a child’s parent, an attorney, a social worker, a foster parent or
316	316	286placement provider for asserting this right. If the department, ombudsman, the office of the child
317	317	287advocate or the court determines the child's rights have been violated, the department shall
318	318	288resolve the violation as soon as practicable and make corrections so that the violation does not
319	319	289occur again. 15 of 15
320	320	290 (e) The rights enumerated in subsection (d) shall be obligations of the department.
321	321	291 (f) The rights enumerated in subsection (d) are not an exhaustive list of rights to which
322	322	292children under the custody, care or responsibility of the department are entitled and should not be
323	323	293read to limit the rights of children, or the responsibilities of the department in any way.
324	324	294 (g) The commissioner of the department of children and families, in consultation with the
325	325	295office of the child advocate, shall submit an annual report to the house and senate committees on
326	326	296ways and means, the joint committee on children, families and persons with disabilities and the
327	327	297house and senate clerks’ offices on the number and types of complaints or alleged violations
328	328	298received pursuant to this act, as well as the nature of the complaints and/or alleged violations.