Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S164 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. 69 FILED ON: 1/7/2025
3	3	SENATE . . . . . . . . . . . . . . No. 164
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael O. Moore
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
12	12	resolve:
13	13	Resolve establishing the Harmony commission to study and make recommendations related to
14	14	the welfare and best interests of children in care and protection cases.
15	15	_______________
16	16	PETITION OF:
17	17	NAME:DISTRICT/ADDRESS :Michael O. MooreSecond WorcesterMark C. MontignySecond Bristol and Plymouth1/30/2025 1 of 4
18	18	SENATE DOCKET, NO. 69 FILED ON: 1/7/2025
19	19	SENATE . . . . . . . . . . . . . . No. 164
20	20	By Mr. Moore, a petition (accompanied by resolve, Senate, No. 164) of Michael O. Moore and
21	21	Mark C. Montigny that provisions be made for an investigation and study by a special
22	22	commission (including members of the General Court) to establish the Harmony commission to
23	23	study and make recommendations related to the welfare and best interests of children in care and
24	24	protection cases. Children, Families and Persons with Disabilities.
25	25	[SIMILAR MATTER FILED IN PREVIOUS SESSION
26	26	SEE SENATE, NO. 118 OF 2023-2024.]
27	27	The Commonwealth of Massachusetts
28	28	_______________
29	29	In the One Hundred and Ninety-Fourth General Court
30	30	(2025-2026)
31	31	_______________
32	32	Resolve establishing the Harmony commission to study and make recommendations related to
33	33	the welfare and best interests of children in care and protection cases.
34	34	1 Resolved, there shall be a Harmony Commission, to study, examine and make
35	35	2recommendations regarding the welfare and best interest considerations of children in care and
36	36	3protection cases and petitions to dispense with consent cases conducted pursuant to section 29C
37	37	4of chapter 119 of the General Laws and section 3 of chapter 210 of the General Laws. The
38	38	5commission shall build upon the work of the Trial Court's Care and Protection Working Group.
39	39	6 The commission shall consist of: the chairs of the joint committee on children, families
40	40	7and persons with disabilities, who shall serve as co-chairs; the chairs of the joint committee on
41	41	8the judiciary; the chair and vice-chair of the Massachusetts Black and Latino Legislative Caucus
42	42	9or their designees; 5 members to be appointed by the governor, 2 of whom shall have been in
43	43	10foster care as children and 2 of whom shall be foster parents; the attorney general or a designee; 2 of 4
44	44	11the child advocate or a designee; the commissioner of children and families or a designee; the
45	45	12chief counsel of the committee for public counsel services or a designee; 1 member to be
46	46	13appointed by the committee for public counsel services who shall be an attorney certified by the
47	47	14children and family law division of the committee for public counsel services who shall have a
48	48	15minimum of 7 years of experience in care and protection cases, represents both children and
49	49	16parents and has completed not less than 5 permanent custody or petition-to-dispense trials; 3
50	50	17members appointed by the Massachusetts Bar Association, who shall be former judges who have
51	51	18preferably retired not more than 5 years prior to their appointment, who have not less than 7
52	52	19years of service on the juvenile court and are from geographically-diverse juvenile court districts
53	53	20and 1 of whom shall be a former first justice; the commissioner of probation or a designee; 1
54	54	21member appointed by the Massachusetts Court Appointed Special Advocates, Inc. who shall
55	55	22have a minimum of 5 years of experience with the advocates, including supervisory experience;
56	56	231 member appointed by the Massachusetts Alliance of Juvenile Court Clinics who shall be a
57	57	24clinician representative from the court clinic of the juvenile court department; the deputy court
58	58	25administrator for the juvenile court or a designee; 1 member to be appointed by the
59	59	26Massachusetts Commission on LGBTQ Youth; 1 member to be appointed by Jane Doe, Inc.: The
60	60	27Massachusetts Coalition Against Sexual Assault and Domestic Violence; 1 member to be
61	61	28appointed by the Disability Law Center, Inc.; 1 member to be appointed by the Massachusetts
62	62	29Association of Guardians ad Litem; 1 member to be appointed by the Massachusetts Child
63	63	30Welfare Coalition who shall be an attorney; and 1 member to be appointed by the National
64	64	31Association of Counsel for Children. All appointments shall be made not later than 30 days after
65	65	32the effective date of this resolve. Members of the commission shall serve without compensation. 3 of 4
66	66	33 The commission shall study how a child’s rights, welfare and best interest considerations
67	67	34are currently handled in care and protection cases and petition to dispense with consent cases and
68	68	35make recommendations for how to better protect and serve children in such cases. The study
69	69	36shall include, but not be limited to: (i) a review of constitutional provisions, statutes, interstate
70	70	37compacts, case law, executive orders, rules of court and standing orders, state agency and
71	71	38judicial rules and regulations, intergovernmental or multi-state memoranda of understanding and
72	72	39state agency and judicial policies, procedures, practices and trainings; (ii) an examination of how
73	73	40care and protection cases and petition to dispense with consent cases disproportionately impact
74	74	41children of color, immigrant children, children with disabilities, lesbian, gay, bisexual,
75	75	42transgender and queer children, children who have experienced trauma and children living in
76	76	43poverty; (iii) an analysis of ways to ensure the constitutional rights of parents and children while
77	77	44prioritizing the well being and safety of children, including the children’s best interest, safety and
78	78	45well being while in the care or custody of the department of children and families; and (iv) a
79	79	46study of sibling visitation rights.
80	80	47 The commission shall hold public hearings and solicit public comment not less than 3
81	81	48times prior to the filing of its report. The hearings shall be held in geographically-diverse areas
82	82	49and at least 1 public hearing shall be held after the issuance of a draft report, which shall include
83	83	50any recommendations and draft legislation to implement the recommendations. Interested parties
84	84	51shall have the opportunity to be heard at the public hearings and submit written testimony or
85	85	52comments. The commission shall be subject to the open meeting law under sections 18 to 25,
86	86	53inclusive, of chapter 30A of the General Laws. The commission shall hold its first meeting not
87	87	54later than 60 days after the effective date of this resolve. The commission shall meet not less than
88	88	55monthly. 4 of 4
89	89	56 Not later than January 1, 2026, the commission shall file a report of its findings and
90	90	57recommendations, including racial impact statements regarding any of its recommendations, with
91	91	58the clerks of the senate and the house of representatives, the governor and the chief justice of the
92	92	59juvenile court department. The report shall be publicly posted on the website of the department
93	93	60of children and families.