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.