This summary is from Committee for Public Counsel Services, 75 Federal Street 6th Floor, Boston, MA 02110:
"On August 7, 2026, Governor Healey signed H. 5629, An Act Enhancing Child Welfare Protections. You can find the session law here: Chapter 179 of the Acts of 2026. Most of the provisions go into effect November 5, 2026, including a landmark “Bill of Rights” for children and young adults in the care or custody of DCF. Other provisions, including expansion of the Family Resource Centers (FRC) and changes to the CRA statute to divert children from court (including raising the minimum age from 6 to 12), are effective August 7, 2027. While the amendments to the CRA statute don’t go into effect until summer 2027, beginning November 5, 2026, schools are required to refer families to the Family Resource Center before filing a CRA and to address and document efforts to resolve chronic absenteeism before referring a family to the FRC. See H. 5629, Sec. 3. Counsel can move to dismiss any school-based CRA filed after November 4, if the school does not comply with these new requirements.
The Bill of Rights is contained in a new
section 23E to Chapter 119. See H. 5629, Sec. 48.
It covers numerous areas important to the well-being of our child and young
adult clients including: (1) safety and security; (2) connections to family,
community and identity; (3) health care and accessibility; (4) education,
employment and social connections; (5) resources and supports; and (6)
transition age youth. The Bill of Rights provides a road map for counsel
seeking to advocate for their child and young adult clients. Due to its focus
on family, community, identity and reunification, it also serves as a useful
tool for parents’ attorneys. While virtually all the rights outlined in
the new Section 23E already exist in other laws (e.g., state and federal
constitutions, ADA, Title VI, state statutes, regulations and policies), by
enshrining these rights in Chapter 119, we now have additional support for our
advocacy. Numerous individuals and organizations collaborated for many years on
this landmark legislation, both inside and outside CPCS. But we would be remiss
if we did not acknowledge training attorneys Debbie Freitas and Cristina
Freitas for drafting the initial version of the bill and working tirelessly to
see it enacted into law.
Other provisions of interest that go
into effect November 5 include the following:
- Adds new requirements for DCF to
report to the DA and local law enforcement when a review is completed of
multiple 51As under subsection 51B(r). See H. 5629, Sec.
6.
- Requires DCF to notify child’s
counsel about specific events, including: change of placement; involvement
or investigation related to any delinquency or criminal proceeding;
hospitalization; 51A filed against child’s caregiver; and proceedings to
suspend or expel child from school. See H. 5629,
Sec. 49.
- Requires DCF to “make available to
the public, during regular business hours” a redacted record of its fair
hearings. See H. 5629, Sec. 11.
- Requires DCF workers to present photo
IDs, obtain a social worker license within 9 months, and participate in
annual training. See H.5629, Sec. 6.
- Makes numerous changes to the
responsibilities of the Office of the Child Advocate. See H.
5629, Sec. 12-41.
- Adds provisions to ensure children in
DCF custody who must change schools are timely enrolled and requires
schools to enroll children even when records normally required for
enrollment are not available. See H.5629, Secs. 42 &
47.
- Amends G.L. c. 209A and c. 258E to
provide that an abuse or harassment prevention order issued on behalf of a
minor will remain in effect after the child turns 18, unless otherwise
ordered by the court. See H. 5629, Secs. 56 & 59.
- Amends G.L. c. 209C to provide that
if a complaint for de facto parentage is filed in the Juvenile Court, the
Juvenile Court Rules apply, not the Mass Rules of Domestic
Relations. See H. 5629, Sec. 57."
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