Amendment ID: S3111-10

Amendment 10

Oversight of Abuse and Neglect in Out-of-Home Settings

Mr. Tarr moves that the proposed new text be amended by inserting after SECTION _ the following section:-

"SECTION_. Chapter 18B of the general laws is hereby amended by inserting at the end thereof the following new section:-

(a) The department shall publish quarterly public reports detailing supported findings of abuse or neglect involving children in the care or custody of the department. The reports shall be posted on the department’s website in accordance with section 19 of chapter 66 and submitted to the senate and house committees on ways and means, the joint committee on children, families and persons with disabilities, and the office of the child advocate.

(b) Each quarterly report shall include, but not be limited to:

(1) the number of supported abuse or neglect findings, delineated by placement type, including:

• foster care;

• kinship foster care;

• congregate care;

• residential schools;

• public schools; and

• any other out‑of‑home placement used by the department;

(2) the nature of the allegations and the type of harm identified;

(3) the number of incidents involving physical restraint, mechanical restraint, or seclusion, and whether such incidents complied with applicable regulations;

(4) the number of corrective actions required of providers, including safety plans, retraining, staffing changes, or enhanced monitoring;

(5) the number of referrals made to licensing entities, including the department of early education and care, the department of elementary and secondary education, and any other relevant agency; and

(6) any systemic issues identified by the department and steps taken to address such issues.

(c) The department, in consultation with the department of early education and care and the department of elementary and secondary education, shall jointly develop and maintain a statewide Safe Care Protocol governing:

(1) the use of restraint and physical intervention;

(2) incident reporting and documentation requirements;

(3) cross‑agency notification timelines;

(4) minimum safety standards for all out‑of‑home settings; and

(5) required staff training on trauma‑informed care and de‑escalation.

The Safe Care Protocol shall be reviewed and updated not less than once every 2 years.

(d) All data reported under this section shall be delineated by the child’s age, race, ethnicity, primary language, disability status, placement type, and region.

(e) Personally identifiable information shall be de‑identified or removed prior to publication."