Massachusetts Senate Passes Landmark Child Welfare Bill to Protect Foster Youth, Strengthen Oversight

(BOSTON—6/11/2026) The Massachusetts Senate today unanimously passed legislation that safeguards the wellbeing of children, particularly those in state care and foster care; increases access to community support for children at risk of court involvement; and strengthens investigations of abuse cases.

By establishing a Foster Child Bill of Rights, the bill—S.3111, An Act enhancing child welfare protections—guarantees certain basic rights for children in foster care related to their safety, education, and health care.

This legislation also expands the diversion of children dealing with behavior or attendance problems to Family Resource Centers (FRCs) instead of the court system.

FRCs provide accessible, confidential support to children and families in crisis close to home and have proven successful in helping kids and teens stay in school, connecting families with services such as mental health or substance use treatment, housing aid, and legal help, and—most importantly—avoiding the need for the child to obtain a court record just to access assistance.

The bill further strengthens the Office of the Child Advocate (OCA) to support robust investigations into reports of harm or abuse to a child. It places the Child Fatality Review Team within the OCA and explicitly empowers the OCA to review cases of indecent assault and battery, abuse or rape of a child.

“The children in our Commonwealth are our most precious asset, and those in state or foster care deserve our attention and the full protection of our laws,” said Senate President Karen E. Spilka (D-Ashland). “This bill continues the important work of protecting our children—work I was proud to help lead for years as the former Senate Chair of the Joint Committee on Children, Families, and Persons with Disabilities and as a champion for community-based services through the creation of Family Resource Centers. The needs of children in foster care for connection and safety are no different than the needs of children everywhere, but they are often navigating these needs in isolation. What the Senate passed today takes an important step towards helping our kids feel connected while offering very necessary safeguards in the child welfare system. I thank Senator Kennedy and Senator Comerford for championing this work, and I look forward to seeing it signed into law.”

“The Senate has made protecting our most vulnerable residents a continuing top priority, making sure child welfare agencies have all the tools and support they need from their legislative partners,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “By establishing a Foster Child Bill of Rights, we ensure that children in foster care and Department of Children and Families custody are guaranteed the same basic rights of health care, education, and safety that all children of the Commonwealth enjoy.  A child’s safety is of the utmost concern, and this bill greatly strengthens the role and authority of the Office of the Child Advocate, the voice for all children and foster families in Massachusetts. I would like to thank Senator Kennedy for her work on this bill and President Spilka for her steadfast leadership.”

“The bill brought before the Senate today makes important changes to improve the efficiency, transparency, accountability, and performance of the Department of Children and Families, the Office of the Child Advocate, and the Children Requiring Assistance systems,” said Senator Robyn K. Kennedy (D-Worcester), Senate Chair of the Joint Committee on Children, Families and Persons with Disabilities. “These long-needed improvements to our child welfare ecosystem have passed today because of the tireless work of so many—because of their efforts, Massachusetts will be a better place for our children to learn and grow. Just as it takes a village to raise a child, it also takes a village to make policy that helps all the children of the Commonwealth thrive. I am grateful to my Senate colleagues and the many advocates and agencies who worked with us to get this bill to the Senate floor.”

“The Senate is standing firm in its commitment to improve safety, stability, and well-being for children across the Commonwealth, with special attention to protecting children in foster care,” said Senator Jo Comerford (D-Northampton), lead Senate sponsor of the Foster Child Bill of Rights legislation. “This legislation includes a Foster Child Bill of Rights, which clarifies and affirms that every child deserves to be heard, supported, and treated with dignity. It recognizes the importance of supportive and affirming placements, preserving family and kinship connections whenever possible, maintaining educational continuity, honoring cultural and gender identities, and ensuring children with disabilities receive the accommodations they need. I am grateful to Senator Robyn Kennedy for her fierce leadership in developing and stewarding this child welfare omnibus legislation, to Senate President Karen Spilka and Ways and Means Chair Michael Rodrigues for their deep commitment to our most vulnerable residents, and to the advocates who have long fought for these protections.”

Full details of the legislation are included in a fact sheet in the Senate’s press room.

During the course of public debate during today’s formal session, Senators adopted amendments to further strengthen the OCA’s work to serve children and families.

One addition to the bill (Amendment 1) requires the OCA to make materials available to volunteers who work with children—such as volunteer coaches or scout troop leaders—that will help them recognize the signs of child abuse, prevent sexual abuse, and understand signs of problematic sexual behavior between minors.

Senators also adopted another amendment (Amendment 31), inspired by a family’s story, to ask the OCA to compile resources to better aid grieving families who have lost a child due to Sudden Unexplained Death Syndrome (SUDS).

The bill was reported to the full chamber by the Senate Committee on Ways and Means with a 15-0 vote on June 4, 2026. A previous version was passed by the House of Representatives.

The Committee on Ways and Means centered its work on a comprehensive omnibus bill assembled last fall by the Senate members of the Joint Committee on Children, Families and Persons with Disabilities, led by Senator Kennedy.

The Senate passed the bill today on a 39-0 roll call vote and sent it back to the House for further review.

Statements of Support

Marisol Garcia, The Child Advocate, Commonwealth of Massachusetts

“With passage of this legislation, the State Senate has taken a great step to strengthen child and family services in Massachusetts, prioritizing the safety, health, and wellbeing of children in state care. This bill helps enhance the OCA’s already strong oversight and independence by giving our office additional tools to review child fatalities and critical incidents. We are pleased that this bill reflects the OCA’s research demonstrating that children are best served when they can receive support for educational or behavioral health needs in the community, rather than through the Juvenile Court. As an attorney who formerly represented children in Child Requiring Assistance proceedings, I’ve seen first-hand the challenges with the current system—and the enormous positive impact this bill will have.”

Reese Thompson on behalf of Power Is Yours, the youth-led advocacy arm of More Than Words

“As someone who’s experienced the foster system from a young age, my biggest hope for future generations is that they always have something to fall back on, to make sure they’re taken seriously and kept safe. There were so many times when I didn't know I deserved better because I was never told. Ensuring foster youth’s rights are clear, inalienable, and enforced, is crucial in holding the foster system accountable, especially when these youth are at their most vulnerable and often unable to speak for themselves. It is a change to the system that is both long overdue and extremely welcome. I extend my thanks to Chair Kennedy, Vice Chair Miranda, and Senate President Spilka for leading these much-needed changes.”

Rachel Gwaltney, Executive Director, The Children’s League of Massachusetts

“The Children’s League of Massachusetts is thrilled with the passage by the Senate of An Act Enhancing Child Welfare Protections. This bill does many things to center the needs and rights of children and families such shifting access to supportive programs away from the courts and toward community-based programs through the Family Resource Centers. Codifying the basic rights of children and youth in foster care makes an important statement about putting their experience and needs front and center. This legislation also advances the Commonwealth's opportunities to make data-driven decisions about child welfare services. We applaud this next step in advancing child welfare reform in Massachusetts.”

Lisa Hewitt, General Counsel, Committee for Public Counsel Services (CPCS)

“This legislation reflects a simple but important principle: children and families do better when they can access support before a crisis leads to court involvement or entry into the child welfare system. By strengthening community-based services, protecting educational stability, and establishing clear rights for children in foster care, this bill helps ensure that every child has the opportunity to be safe, supported, and successful.”

Kate Nemens, Esq., Senior Attorney/Legislative Advocacy Director, Mental Health Legal Advisors Committee (MHLAC); Member of the Massachusetts Child Welfare Coalition

“The Senate’s version of An Act Enhancing Child Welfare Protections reflects a strong commitment to Massachusetts’ most vulnerable children and youth through its inclusion of a Foster Child Bill of Rights and meaningful reforms to the Child Requiring Assistance system. The Foster Child Bill of Rights establishes, for the first time, one place to find a clear and accessible set of protections that affirms the dignity of children and youth in foster care, safeguards their well-being, and ensures their voices are heard. The legislation’s CRA reforms also advance a more effective, community-based continuum of care that connects young people to support and services without unnecessary court involvement. Together, these provisions represent a significant step forward in prioritizing the well-being of Massachusetts children and youth.”

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