Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S405 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1543 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 405
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan B. Lovely
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 stopping harm inflicted by the exploitation of life and development.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Joan B. LovelySecond EssexMichael O. MooreSecond Worcester1/22/2025 1 of 9
16	16	SENATE DOCKET, NO. 1543 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 405
18	18	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 405) of Joan B. Lovely and Michael
19	19	O. Moore for legislation to stop harm inflicted by the exploitation of life and development.
20	20	Education.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 314 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act stopping harm inflicted by the exploitation of life and development.
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. This act shall be known as the SHIELD Act.
32	32	2 SECTION 2. The General Laws, as appearing in the 2020 Official Edition, are hereby
33	33	3amended by inserting after chapter 119A the following chapter:-
34	34	4 CHAPTER 119B. CHILD SEXUAL ABUSE PREVENTION
35	35	5 Section 1. For the purposes of this chapter, the following words and phrases shall have
36	36	6the following meanings:-
37	37	7 “Abuse”, an act involving a minor that constitutes a sexual offense under the laws of the
38	38	8Commonwealth or any sexual misconduct between an adult and a minor under the care of that
39	39	9individual. 2 of 9
40	40	10 “Abuse prevention policy”, a policy adopted by a school or youth-serving organization
41	41	11that supports the prevention of sexual abuse by outlining a code of conduct for employees that
42	42	12identifies inappropriate behavior between a teacher and a minor or student.
43	43	13 “Age-appropriate”, topics, messages and teaching methods suitable to particular ages or
44	44	14age groups of children and adolescents, based on developing cognitive, emotional, and
45	45	15behavioral capacity typical for the age or age group
46	46	16 “Employee” means a person defined as such in section 148B of chapter 149.
47	47	17 “Job performance” includes, but is not limited to, abilities, attendance, attitude, awards,
48	48	18demotions, disciplinary actions, duties, effort, knowledge, promotions, skills, and. in the case of
49	49	19a former school employee, the reasons for separation.
50	50	20 “Mandated reporter” means a person defined as such in section 21 of chapter 119.
51	51	21 “Minor”, a person under 18 years of age.
52	52	22 “School”, a public or private educational institution that serves minors in the
53	53	23Commonwealth, including an entity with the mission of providing activities and socialization for
54	54	24minors that is operated by such an educational institution.
55	55	25 “Sexual misconduct”, any action directed towards or with a minor, regardless of the age
56	56	26of the minor that is designed to promote a romantic or sexual relationship with the minor. Such
57	57	27acts include, but are not limited to:
58	58	28 (a) Sexual or romantic invitation;
59	59	29 (b) Dating or soliciting dates; 3 of 9
60	60	30 (c) Engaging in sexualized or romantic dialogue;
61	61	31 (d) Making sexually suggestive comments;
62	62	32 (e) Self-disclosure or physical exposure of a sexual, romantic or erotic nature; or
63	63	33 (f) Any sexual, indecent, romantic or erotic contact with a minor or student.
64	64	34 “Youth-serving organization”, a public or private entity with the mission of providing
65	65	35activities and socialization for minors; provided, however, that this shall not include such an
66	66	36entity operated by a public or private educational institution that serves minors in the
67	67	37Commonwealth.
68	68	38 Section 2. School Abuse Prevention Policies
69	69	39 (a) Every school shall adopt the abuse prevention policy as set forth by the department
70	70	40elementary and secondary education. The abuse prevention policy shall support the prevention of
71	71	41sexual abuse by outlining a code of conduct for employees that identifies inappropriate behavior
72	72	42for teachers and students. The policy shall also detail the institution’s procedures for meeting its
73	73	43obligations under section 51A of chapter 119.
74	74	44 (b) The department of elementary and secondary education, in consultation with the
75	75	45office of the child advocate, the department of children and families and the department of early
76	76	46education and care shall create the abuse prevention policy for schools across the
77	77	47Commonwealth.
78	78	48 (c) The department shall review the model abuse prevention policy at least once every 5
79	79	49years to ensure it includes up-to-date information and best practices. 4 of 9
80	80	50 Section 3. Youth Serving Organizations Abuse Prevention Policies
81	81	51 (a) Every youth serving organization shall adopt the abuse prevention policy as set forth
82	82	52by the department children and families. The abuse prevention policy shall support the
83	83	53prevention of sexual abuse by outlining a code of conduct for employees that identifies
84	84	54inappropriate behavior for teachers and students. The policy shall also detail the institution’s
85	85	55procedures for meeting its obligations under section 51A of chapter 119.
86	86	56 (b) The department of children and families, in consultation with the office of the child
87	87	57advocate, the department of elementary and secondary education and the department of early
88	88	58education and care shall create the abuse prevention policy for schools across the
89	89	59Commonwealth.
90	90	60 (c) The department shall review the model abuse prevention policy at least once every 5
91	91	61years to ensure it includes up-to-date information and best practices.
92	92	62 Section 4. School Employee Sexual Abuse Prevention Education
93	93	63 (a) All mandated reporters employed by a school shall receive instruction biennially on
94	94	64the prevention, identification, and reporting of child sexual abuse. This instruction shall include
95	95	65comprehensive training and information to help schools and their personnel:
96	96	66 (1) recognize, appropriately respond to and prevent behaviors violating the school abuse
97	97	67prevention policy;
98	98	68 (2) recognize, appropriately respond to, and prevent sexually inappropriate, coercive, or
99	99	69abusive behaviors between minors’ served by schools; 5 of 9
100	100	70 (3) identify the ways in which the behavioral and verbal cues for sexual abuse differ from
101	101	71those of other abuse and neglect;
102	102	72 (4) support the healthy development of students and minors, and the building of
103	103	73protective factors, to mitigate against their sexual victimization by adults or by other minors;
104	104	74 (5) respond to disclosures of sexual abuse or reports of behaviors violating the abuse
105	105	75prevention policy of adults or minors in a supportive and appropriate manner that meets
106	106	76mandated reporting requirements under section 51A of chapter 119;
107	107	77 (6) seek out community resources available to assist schools in the prevention,
108	108	78identification, reporting and referral to treatment of cases involving the sexual abuse or
109	109	79exploitation of minors.
110	110	80 (b) The department of elementary and secondary education shall use tested, research-
111	111	81based instructional materials that meet the requirements of subsection (a). The mode of delivery
112	112	82for the trainings may include in-person or e-learning instruction.
113	113	83 (c) The department of elementary and secondary education shall adapt, implement and
114	114	84maintain an existing evidence-based online or in-person training course to satisfy the
115	115	85requirements of subsection (b); provided, however, that if the department cannot find an existing
116	116	86program to adapt to this purpose, then the department shall create, implement, maintain and
117	117	87update such a training program; provided further, that such training program shall be provided to
118	118	88schools at no cost.
119	119	89 (d) For each training required under this section, each school shall maintain records that
120	120	90include the names of the individuals within their school. 6 of 9
121	121	91 (f)The department of elementary and secondary education shall make the abuse
122	122	92prevention policy publicly available on its website.
123	123	93 Section 5. Youth Serving Organization Employee Sexual Abuse Prevention Education
124	124	94 (a) All mandated reporters employed by a youth serving organization shall receive
125	125	95instruction biennially on the prevention, identification, and reporting of child sexual abuse. This
126	126	96instruction shall include comprehensive training and information to help youth serving
127	127	97organizations and their personnel:
128	128	98 (1) recognize, appropriately respond to and prevent behaviors violating the youth serving
129	129	99organization abuse prevention policy;
130	130	100 (2) recognize, appropriately respond to, and prevent sexually inappropriate, coercive, or
131	131	101abusive behaviors between minors’ served by youth serving organization;
132	132	102 (3) identify the ways in which the behavioral and verbal cues for sexual abuse differ from
133	133	103those of other abuse and neglect;
134	134	104 (4) support the healthy development of minors, and the building of protective factors, to
135	135	105mitigate against their sexual victimization by adults or by other minors;
136	136	106 (5) respond to disclosures of sexual abuse or reports of behaviors violating the abuse
137	137	107prevention policy of adults or minors in a supportive and appropriate manner that meets
138	138	108mandated reporting requirements under section 51A of chapter 119;
139	139	109 (6) seek out community resources available to assist youth serving organizations in the
140	140	110prevention, identification, reporting and referral to treatment of cases involving the sexual abuse
141	141	111or exploitation of minors. 7 of 9
142	142	112 (b) The department of children and families shall use tested, research-based instructional
143	143	113materials that meet the requirements of subsection (a). The mode of delivery for the trainings
144	144	114may include in-person or e-learning instruction.
145	145	115 (c) The department children and families shall adapt, implement and maintain an existing
146	146	116evidence-based online or in-person training course to satisfy the requirements of subsection (b);
147	147	117provided, however, that if the department cannot find an existing program to adapt to this
148	148	118purpose, then the department shall create, implement, maintain and update such a training
149	149	119program; provided further, that such training program shall be provided to schools and youth-
150	150	120serving organizations at no cost.
151	151	121 (d) For each training required under this section, each youth serving organization shall
152	152	122maintain records that include the names of the individuals within their youth serving
153	153	123organization.
154	154	124 (f)The department of children and families education shall make the abuse prevention
155	155	125policy publicly available on its website.
156	156	126 Section 6. Youth Sexual Abuse Education
157	157	127 (a) Every school that serves elementary or secondary school students and every youth-
158	158	128serving organization shall provide age-appropriate instruction to help students and children
159	159	129served by such schools, programs, or youth-serving organizations:
160	160	130 (1) Recognize and report inappropriate behavior in adults that may indicate that they pose
161	161	131a sexual risk to minors; 8 of 9
162	162	132 (2) Recognize and report inappropriate behaviors in other children that may indicate that
163	163	133they pose a sexual risk to children and youth;
164	164	134 (3) Learn how to develop healthy and respectful interpersonal relationships, including
165	165	135appropriate body boundaries and privacy rules;
166	166	136 (4) Learn how to communicate effectively to trusted adults any concerns they have about
167	167	137body boundaries or privacy violations;
168	168	138 (5) Learn about available school and community resources to prevent and respond to
169	169	139sexual abuse; and
170	170	140 (6) Recognize and understand the consequences of false, inaccurate or exaggerated
171	171	141reports and the importance of children reporting honestly to the best of their ability.
172	172	142 (b) The department of elementary and secondary education shall use tested, research-
173	173	143based instructional materials that meet the requirements of subsection (a) and assist schools in
174	174	144implementing the program. The mode of delivery for the trainings may include in-person or e-
175	175	145learning instruction. For each training required under this section, each school shall maintain
176	176	146records that include the names of the individuals within their school who participated in the
177	177	147training during that year. The department of elementary and secondary education shall make the
178	178	148abuse prevention policy publicly available on its website.
179	179	149 (c) The department of children and families shall use tested, research-based instructional
180	180	150materials that meet the requirements of subsection (a) and assist youth serving organizations in
181	181	151implementing the program. The mode of delivery for the trainings may include in-person or e-
182	182	152learning instruction. For each training required under this section, each youth-serving 9 of 9
183	183	153organization shall maintain records that include the names of the individuals within their
184	184	154program who participated in the training during that year. The department of children and
185	185	155families shall make the abuse prevention policy publicly available on its website.