Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S114 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. 1763 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 114
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sal N. DiDomenico, (BY REQUEST)
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 miranda rights for families under investigation by the department of children
13	13	and families.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Tatiana Rodriguez 1 of 4
17	17	SENATE DOCKET, NO. 1763 FILED ON: 1/16/2025
18	18	SENATE . . . . . . . . . . . . . . No. 114
19	19	By Mr. DiDomenico (by request), a petition (accompanied by bill, Senate, No. 114) of Tatiana
20	20	Rodriguez, for legislation to establish miranda rights for families under investigation by the
21	21	department of children and families. Children, Families and Persons with Disabilities.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to establish miranda rights for families under investigation by the department of children
28	28	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: Title
32	32	2 This Act shall be known and may be cited as the "Family Protection and Transparency
33	33	3Act."
34	34	4 SECTION 2: Definitions
35	35	5 Department: Refers to the Massachusetts Department of Children and Families (DCF).
36	36	6 Caseworker: Any employee or agent of the DCF conducting investigations or
37	37	7assessments related to child maltreatment claims.
38	38	8 Parent or Guardian: The person legally responsible for a child under investigation by the
39	39	9DCF. 2 of 4
40	40	10 Miranda Rights for Families: A set of procedural safeguards for parents and guardians
41	41	11subject to DCF investigations.
42	42	12 SECTION 3: Rights of Families During DCF Investigations
43	43	13 Written Summary of Allegations
44	44	14 Upon first contact with a parent or guardian, the caseworker must provide the
45	45	15guardian/parent a physical written summary of the allegations made against the parent or
46	46	16guardian in a language the parent or guardian can read and/or understand. This document must
47	47	17include:
48	48	18 A clear, concise description of the alleged mistreatment.
49	49	19 A statement of the parent or guardian’s rights, including the right to legal counsel, the
50	50	20right to remain silent, and the right to refuse entry into their home without a court order.
51	51	21 Explanation of the Investigation Process
52	52	22 The caseworker must also explain the DCF's investigation process. This written
53	53	23description must include:
54	54	24 The purpose of the investigation and the steps involved.
55	55	25 The legal authority and obligations of the DCF in conducting the investigation.
56	56	26 A timeline for the investigation, including potential outcomes (e.g., unfounded,
57	57	27substantiated).
58	58	28 Information on how the family can seek legal assistance or advocacy services. 3 of 4
59	59	29 Recording of Interviews and Written Consent
60	60	30 All interviews conducted with the parents, guardians, or children must be recorded, with
61	61	31the parent or guardian's written consent.
62	62	32 The caseworker must inform the parent or guardian that any information provided can be
63	63	33used against them in court.
64	64	34 SECTION 4: Notice of Rights to the Parent or Guardian
65	65	35 Before conducting any interviews or investigations, the caseworker must read and
66	66	36provide in writing the following rights to the parent or guardian:
67	67	37 The Right to Remain Silent:
68	68	38 Parents or guardians are not required to answer any questions posed by the DCF without
69	69	39the presence of an attorney.
70	70	40 The Right to Refuse Entry to the Home Without a Court Order:
71	71	41 Caseworkers do not have the right to enter the home without a valid court order, unless
72	72	42there is an immediate and imminent danger to the child.
73	73	43 The Right to Legal Representation:
74	74	44 Parents or guardians have the right to consult with an attorney at any point during the
75	75	45investigation and may have legal representation during any interaction with the DCF.
76	76	46 The Right to Understand the Investigation Process: 4 of 4
77	77	47 The parent or guardian has the right to be fully informed of the DCF’s investigative
78	78	48process and timelines.
79	79	49 The Right to Review Evidence:
80	80	50 The parent or guardian is entitled to request and review any non-confidential evidence
81	81	51obtained during the investigation.
82	82	52 SECTION 5: Training and Implementation
83	83	53 Caseworker Training:
84	84	54 The DCF shall provide mandatory training to all caseworkers regarding the requirements
85	85	55of this Act, including proper documentation of allegations, the delivery of Miranda Rights for
86	86	56Families, and compliance with this Act’s procedural safeguards.
87	87	57 SECTION 6: Enforcement and Penalties
88	88	58 Penalties for Non-Compliance:
89	89	59 Any caseworker found in violation of this Act by failing to provide the required
90	90	60information or infringing upon the rights of the parents or guardians as described in this Act will
91	91	61face disciplinary action, including suspension or termination of employment, and possible civil
92	92	62liability.
93	93	63 Civil Remedies:
94	94	64 Parents or guardians who are harmed by a violation of this Act have the right to pursue
95	95	65civil remedies, including damages for emotional distress and legal costs.