Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S164 Latest Draft

Bill / Introduced Version Filed 03/10/2025

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