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