Senator Lewis, Representative Haggerty, and Mass. Legislature Pass Bill to Enhance Child Welfare Protections

BOSTON—State Senator Jason Lewis and State Representative Richard Haggerty joined their colleagues in the Massachusetts Legislature to pass comprehensive legislation to strengthen oversight, transparency, and accountability within the Commonwealth’s child welfare system.

An Act Enhancing Child Welfare Protections strengthens and builds on the work of existing entities including the Office of the Child Advocate (OCA), the Department of Children and Families (DCF), the Family Resource Center (FRC) network and the Commonwealth’s public schools in order to take a comprehensive approach toward making sure all children receive the support they deserve.

“Ensuring the safety and wellbeing of children in Massachusetts, especially those in state and foster care, is of paramount importance to me and to the legislature,” said Senator Jason Lewis. “This law strengthens our policies and protections to make sure that the health, safety, and wellbeing of our children always comes first.”

“This legislation is about making sure some of the most vulnerable children and youth in the Commonwealth have the support they need and deserve to succeed,” said Representative Richard Haggerty. “We're strengthening oversight so children don't fall through the cracks and giving state agencies the tools to better coordinate care and educational opportunities. It also provides young people a real voice in the system that's meant to serve them and brings more transparency and accountability to how we care for the children who most depend on the state.”

Highlights of the child welfare protection legislation include:

• Establishing a Foster Child Bill of Rights to clarify and protect the basic rights and services foster children need to live healthy, safe, and fulfilled lives.
• Allowing children the same ability as adults to petition the court to extend any abuse or harassment protection orders made on behalf of the child.
• Creating a DCF Education Unit tasked with academic monitoring, support, and coordination with school districts. It also requires clear enrollment timelines and record transfer standards for children in DCF custody who move schools to avoid further interruptions to their education.
• Increasing the diversion of children with behavioral or truancy issues to FRCs to help children and their families receive the services and support they need, rather than involve them in the court system when not necessary.
• Requiring timely notification from DCF to a child’s attorney for certain emergency situations like arrest, expulsion, hospitalization or 51A reports of child abuse or neglect.
• Strengthening the independence of the OCA as an autonomous state agency by expanding their authority to examine systemic disproportionalities, partner with agencies while safeguarding its oversight role, maintain a public website for mandated reporters, conduct systemwide reviews of DCF, and publicly share critical incident reports to allow greater public accountability and transparency.
• Codifying a Youth Engagement program within the OCA to ensure the voices of youth are included to inform relevant policy, oversight and programs.
• Instructing the OCA to provide training materials to mandated reporters and individuals who frequently work with children and requiring them to create and maintain a list of resources for grieving parents who have experienced a sudden unexplained pediatric death.

After passing in both the Senate and the House of Representatives, Governor Maura Healey signed the bill into law on August 7, 2026.