An Act to preserve family and sibling bonds for children in foster care, the official text

	SECTION 1: Subsection (c) of section 23 of chapter 119 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out said section and inserting in place thereof the following:- 
(c) (1) Whenever the department places a child in foster care, the department shall immediately 
commence a search to locate any relative of the child, including the parents of siblings or half- 
siblings who have custody of the siblings or half-siblings, or other adult person who has played a 
significant positive role in that child’s life in order to determine whether the child may 
appropriately be placed with that relative or person if, in the judgment of the department, that 
placement would be in the best interest of the child. 
(2) The department shall seek to identify any minor sibling or half-sibling of the child. The 
department and the court shall make reasonable efforts to place children removed from their 
home and placed in the department’s care, custody or responsibility together with all siblings and 
half-siblings unless the department makes a showing to the court by clear and convincing 
evidence that (i) a joint placement is contrary to the safety or well-being of any of the siblings or 
half-siblings; or (ii) in cases involving more than four siblings or half-siblings, the department 
made active efforts to place all of the children together but, notwithstanding those efforts, it is 
impracticable for the department to do so. The court shall make written findings in support of its 
decision to deny the joint placement and may make any other order regarding placement of 
siblings and half-siblings in the children’s best interests. If placing a child with all the child’s 
siblings is impossible or contrary to the safety or well-being of the child or one or more siblings 
or half-siblings, the department shall place the child with as many of the child’s siblings or half- 
siblings as is possible and consistent with the safety and well-being of the child and the siblings 
or half-siblings. 
(3) In the case of siblings or half-siblings who are not jointly placed, the department shall make 
reasonable efforts to provide for frequent visitation and other ongoing interaction between them, 
unless the department makes a showing to the court by clear and convincing evidence that 
frequent visitation and other ongoing interaction is contrary to the safety or well-being of any of 
the children; provided further, that the court shall make written findings in support of its decision 
to deny the frequent visitation or other ongoing interaction. Any sibling or half-sibling may ask 
the court once every three months to review its decision regarding visitation or other ongoing 
contact or any action by the department implementing the court’s decision. 
(4) Notwithstanding any provision of this section, the department may separate a child from 
siblings or half-siblings to avoid immediate risk of harm to any child; provided, however, that if 
the department does separate a child from a sibling or half-sibling without prior court approval, it 
shall file a petition for court approval of its placement decision within 1 business day after the 
placement and provide notice to all counsel in any proceeding held pursuant to this chapter or 
chapter 210. The court shall hold a hearing regarding the placement change within 7 days of 
filing the petition. The department shall bear the burden of showing by clear and convincing 
evidence at the hearing that the best interests of 1 or more of the siblings or half-siblings require 
a separate placement. 
(5) Any child who is placed apart from any sibling or half-sibling, even if placed with other 
siblings or half-siblings, may ask the court once every three months to review its decision. The 
department shall bear the burden of showing by clear and convincing evidence that its current 
placement arrangements are warranted. 
(6) If the court authorizes the department to place siblings or half-siblings in separate 
placements, or if the department places siblings or half-siblings in separate placements pending 
review by the court, the department shall make ongoing efforts to remedy any concerns found by 
the department that led to the separate placements, including the impracticability of joint 
placement of larger sibling or half-sibling groups. The department shall document its efforts in 
the case plan. 
(7) Notwithstanding the definition of “custody” in section 21, the court may make any order to 
ensure the joint placement of, frequent visitation with, or other ongoing interaction with siblings 
or half-siblings as may be in the children’s best interests, including an order to place a child with 
his or her sibling or half-sibling in a foster home notwithstanding department regulations 
preventing such placement, provided the foster parent is willing to accept the child and able to 
provide appropriate care for all the children in the home. 
(8) The department shall develop and implement a plan to increase the number of placements 
available for siblings and half-siblings. The department shall report annually on the status and 
effectiveness of its plan, including past and current data regarding the joint placement of siblings 
and half-siblings in the department’s care, custody, or responsibility, and the difficulties 
impeding the department’s ability to find joint placements, to the Joint Committee on Children, 
Families and Persons with Disabilities not later than March 31 of each year. 
SECTION 2: Chapter 119 of the General Laws is hereby amended by inserting after section 26C 
the following section:- 
Section 26D. (a) The department shall provide regular and frequent visitation between the parent 
and child in temporary custody or responsibility of the department, a licensed child care agency, 
or an individual as described in clause (i) of paragraph (2) of subsection (b) of section 26, unless 
the department finds that such visitation would be harmful to the child’s health or safety. 
(b) (i) Each child has the right to family time of a duration and frequency and in a setting that (A) 
is consistent with the developmental or clinical needs of the child and (B) promotes and 
preserves their connections with their family. Family time shall take place in person or outside of 
a department office whenever possible. 
(b) (ii) Reasonable efforts shall be made by the department to allow regular and frequent parent- 
child visitation not be less than once every week and include at least 1 hour of visitation per 
week unless the department determines that such visitation would be harmful to the safety or 
well-being of the child. 
(c) There shall be a rebuttable presumption that parent-child visitation will be supervised. The 
department may file a petition for court approval of unsupervised visits or plan to achieve 
unsupervised visits without further court approval, if it is deemed in the best interests of the child 
and promotes their connections with their family. 
(d) The department may not suspend parent-child visitation for more than 4 weeks or terminate 
parent-child visitation unless it finds, by clear and convincing evidence, that parent-child 
visitation would harm the safety or well-being of the child. 
(e) The court may issue orders for communication between the parent and child, including 
telephone calls, video calls, electronic mail, text messaging or regular mail. When issuing such 
orders, the court shall consider the child’s age, developmental stage and any other needs of the 
child. 
SECTION 3: This section shall be known and may be cited as the "Family Protection and 
Transparency Act." 
(A) Definitions 
“Department” refers to the Massachusetts Department of Children and Families (DCF). 
“Parent or Guardian” is the person legally responsible for a child under investigation by the 
DCF. 
“Miranda Rights for Families” is a set of procedural safeguards for parents and guardians subject 
to DCF investigations. 
(B) Rights of Families During Department Emergency Removal Investigations 
(1) Written Summary of Allegations 
i. Upon first contact with a parent or guardian, the Department when investigating an 
emergency removal must make reasonable efforts to provide the guardian/parent a 
physical written summary of the allegations made against the parent or guardian in a 
language the parent or guardian can read and/or understand. This document must include: 
a. A clear, concise description of the alleged mistreatment; and, 
b. A statement of the parent or guardian’s rights, including the right to legal counsel, 
and the right to remain silent. 
(2) Explanation of the Investigation Process 
i. The Department must also explain its investigation process. This written description must 
include: 
a. b. c. d. The purpose of the investigation and the steps involved; 
The legal authority and obligations of the DCF in conducting the investigation; 
A timeline for the investigation, including potential outcomes (e.g., unfounded, 
substantiated); and, 
Information on how the family can seek legal assistance or advocacy services. 
(3) Recording of Interviews and Written Consent 
i. ii. All interviews conducted with the parents, guardians, or children must be recorded, with 
the parent or guardian's written consent. 
The Department must inform the parent or guardian that any information provided can be 
used against them in court. 
(C) Notice of Rights to the Parent or Guardian 
i. Before conducting any interviews or investigations, the Department must read and 
provide in writing the following rights to the parent or guardian: 
a. The Right to Remain Silent: 
Parents or guardians are not required to answer any questions posed by the Department 
without the presence of an attorney. 
b. The Right to Legal Representation: 
Parents or guardians have the right to consult with an attorney at any point during the 
investigation and may have legal representation during any interaction with the 
Department. 
c. The Right to Understand the Investigation Process: 
The parent or guardian has the right to be fully informed of the Department’s 
investigative process and timelines. 
d. The Right to Review Evidence: 
The parent or guardian is entitled to request and review any non-confidential evidence 
obtained during the investigation. 
(D) Training and Implementation 
i. Training: 
a. Department shall provide mandatory training to all caseworkers regarding the 
requirements of this Act, including proper documentation of allegations, the 
delivery of Miranda Rights for Families, and compliance with this Act’s 
procedural safeguards. 
(E) Enforcement 
i. Penalties for Non-Compliance: 
a. If the Department violates this Act by failing to provide the required information 
or infringing upon the rights of the parents or guardians as described in this Act, 
any evidence or statements gathered in violation of the Act must be deemed 
invalid and cannot be used against the parents or guardians in proceedings 
involving the Department.