1 of 1 SENATE DOCKET, NO. 69 FILED ON: 1/7/2025 SENATE . . . . . . . . . . . . . . No. 164 The Commonwealth of Massachusetts _________________ PRESENTED BY: Michael O. Moore _________________ 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. _______________ 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 _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ 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.