Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S109 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. 158 FILED ON: 1/8/2025
3	3	SENATE . . . . . . . . . . . . . . No. 109
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 minimizing trauma to children and families.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 3
16	16	SENATE DOCKET, NO. 158 FILED ON: 1/8/2025
17	17	SENATE . . . . . . . . . . . . . . No. 109
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 109) of Cynthia Stone Creem for
19	19	legislation to minimize trauma to children and families. Children, Families and Persons with
20	20	Disabilities.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 71 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 minimizing trauma to children and families.
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 inserting after
32	32	2section 25 the following section:-
33	33	3 Section 26. The department shall report each quarter on the number of cases in which it
34	34	4took custody of a child under section 51B of chapter 119 without first obtaining a court order
35	35	5under section 24 or 24A of chapter 119, the total number of children over whom it assumed
36	36	6custody in those cases, the median amount of time between the department taking custody and its
37	37	7employees requesting court approval of that decision, and the number of cases in which it took
38	38	8more than four hours to request court approval. Data in the report shall be broken down by area
39	39	9office. The report shall be made publicly available on the department’s website consistent with
40	40	10section 19 of chapter 66. 2 of 3
41	41	11 SECTION 2. Chapter 119 of the General Laws is hereby amended by inserting after
42	42	12section 24 the following section:-
43	43	13 Section 24A. When the juvenile court is closed for business, any justice acting under
44	44	14section 9(vi)(B) of chapter 211B may grant relief authorized under the third paragraph of section
45	45	1524. Such relief may be granted and communicated by telephone to an agent of the department,
46	46	16who shall record such order on a form of order promulgated for such use by the chief justice of
47	47	17the trial court and who shall deliver a copy of such order on the next court day to the clerk-
48	48	18magistrate of the juvenile court having venue and jurisdiction over the matter. If relief has been
49	49	19granted without the filing of a written petition with the clerk under section 24, the department
50	50	20shall appear in court when the court is next open for business to file a written petition under
51	51	21section 24. The matter shall then proceed under section 24.
52	52	22 Any order issued under this section and any documentation in support thereof shall be
53	53	23certified at the latest on the next business day by the clerk-magistrate or register of the court
54	54	24issuing such order to the court having venue and jurisdiction over the matter.
55	55	25 The trial court shall promulgate rules specifying the procedures applicable to matters
56	56	26initiated under this section. All such proceedings shall be recorded.
57	57	27 SECTION 3. Section 51B of Chapter 119 of the General Laws is hereby amended by
58	58	28striking out the first sentence of subsection (c) and inserting in place thereof the following
59	59	29sentences:-
60	60	30 If the department has reasonable cause to believe that (i) a child is suffering from serious
61	61	31abuse or neglect or is in immediate danger of serious abuse or neglect; and (ii) immediate
62	62	32removal without first obtaining a court order under section 24 or 24A is necessary to protect the 3 of 3
63	63	33child from serious and imminent physical harm, it shall take the child into its immediate
64	64	34temporary custody. If the department takes the child into its temporary custody under this
65	65	35subsection, it shall, within four hours, obtain judicial approval of such action from the juvenile
66	66	36court or, if the juvenile court is closed for business, any justice acting under section 9(vi)(B) of
67	67	37chapter 211B. To obtain such approval, the department employees who made the reasonable
68	68	38cause determination shall provide the court a sworn affidavit stating the basis of that
69	69	39determination or, if providing information to the court by telephone, shall do so under oath and
70	70	40shall provide the court with a sworn affidavit when the court is next open for business. The
71	71	41matter shall then proceed as set forth in sections 24 or 24A of this chapter.
72	72	42 SECTION 4. Section 51B of Chapter 119 of the General Laws is hereby amended by
73	73	43striking out subsection (e).