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SENATE DOCKET, NO. 1124 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1123
The Commonwealth of Massachusetts
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PRESENTED BY:
Adam Gomez
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act clarifying the child advocate’s authority to access juvenile records.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Adam GomezHampden 1 of 3
SENATE DOCKET, NO. 1124 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1123
By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1123) of Adam Gomez for
legislation to clarify the child advocate’s authority to access juvenile records. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1000 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act clarifying the child advocate’s authority to access juvenile records.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 172 of chapter 6 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by inserting in line 175 after the word “safety” the
3following:-
4 (34) The child advocate may obtain data on adult and juvenile arrests as well as data on
5court proceedings such as arraignments, adjudications and dispositions, as necessary for the
6performance of the duties of the office.
7 SECTION 2. Chapter 18C of the General Laws, as appearing in the 2022 Official
8Edition, is hereby amended by striking out section 6 and inserting in place thereof the following:-
9 Section 6. The child advocate or his designee shall have access at any and all reasonable
10times to any facility, residence, program, or portion thereof, that is operated, licensed or funded 2 of 3
11by an executive agency, and shall have unrestricted access to all electronic information systems
12records, reports, materials and employees in order to better understand the needs of children in
13the custody of the commonwealth or who are receiving services from an executive agency. The
14child advocate shall have access to all court records that the child advocate deems relevant,
15including records held by the clerk of the juvenile court and the clerk of the probate and family
16court, records held by the Massachusetts Probation Service, and records on adults and juveniles
17contained in the electronic information systems maintained by the department of criminal justice
18information services, including personally identifiable information if requested by the child
19advocate and the right to inspect and copy, without cost. The child advocate shall be bound by
20any limitations on the use or release of information imposed by law upon the party furnishing
21such information, except as provided in subsection (e) of section 12.
22 SECTION 3. Said chapter 18C, as so appearing, is hereby amended by striking out
23section 11 and inserting in place thereof the following:-
24 Section 11. Examination of systemwide service
25 The child advocate may examine systemwide service provision to children in the
26Commonwealth. Such examination may address, but is not limited to, responses to child abuse
27and neglect including prevention efforts and efforts to stop reoccurrence, related mental health,
28substance use and domestic violence issues, childhood trauma pursuant to section 14, the
29adequate provision of education, the coordination of services among executive state agencies, the
30availability of reliable data regarding service provision and effectiveness of services provided to
31children in the Commonwealth, juvenile contact with criminal justice agencies and systems in
32relation to section 89 of chapter 119, the provision of services through contracts made with 3 of 3
33provider entities, and shall report on any such examination in the annual report pursuant to
34section 10. The child advocate may also file any additional report on examinations pursuant to
35this section with the governor, the clerks of the senate and house of representatives, the senate
36and house committees on ways and means and the joint committee on children, families and
37persons with disabilities. The child advocate's examination may include, without limitation,
38racial disproportionality and disparity, truancy and runaways, mandated reporting, screening of
39child abuse and neglect reports, social worker qualifications and caseloads, law enforcement
40involvement, health service needs, including behavioral health needs, of children at risk, criminal
41offender record information reviews, juvenile court records, federal criminal records,
42administrative and cost requirements, federal funding for child welfare purposes and the
43effectiveness of child abuse laws. The child advocate may seek advice broadly from individuals
44with expertise in child welfare in preparing a report under this section.
45 SECTION 4. Section 12 of said chapter 18C, as so appearing, is hereby amended by
46inserting in line 3 after the word “Notwithstanding” the following words:- sections 167 and 172
47of chapter 6,.