Malden Delegation and Mass. Legislature Pass Bill to Enhance Child Welfare Protections

BOSTON—State Senator Jason Lewis and State Representatives Paul Donato, Steven Ultrino, and Kate Lipper-Garabedian 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.

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"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."

"As a former foster child, I am incredibly proud of the passage of this bill, particularly the establishment of the Foster Child Bill of Rights. This legislation guarantees all foster children will live in a safe, nurturing home while also providing opportunity to receive additional and personal assistance if needed," said House Second Assistant Majority Leader Paul Donato. "Being in Foster Care should not be a hurdle to receiving health care or a good education."

"Every child deserves to grow up safe, supported, and given every opportunity to succeed," said House Chair Steven Ultrino. "By strengthening oversight and accountability, this legislation helps ensure that children in state and foster care receive the support and protections they deserve."

"This legislation strengthens the state systems that serve our most vulnerable children," said House Chair Kate Lipper-Garabedian. "The law will advance greater attention on and care for the individuals in the child welfare system with enhanced reporting, cross-agency collaboration, and attention on outcomes. As a former teacher, I recognize the vital nature of improved coordination between school districts with clear enrollment timelines and record transfer standards to support students in DCF custody who change schools. These measures provide essential support for students to experience stability and succeed academically."

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.