Bill > S109

This bill introduces several important changes to child custody and child protective services procedures in Massachusetts. It requires the Department of Children and Families (DCF) to report quarterly on cases where children are taken into custody without a prior court order, including the number of children involved, the median time between taking custody and requesting court approval, and a breakdown of cases by area office. The bill also establishes a new procedure for obtaining emergency court approval when the juvenile court is closed, allowing a justice to grant relief by telephone, with the department required to file a written petition on the next business day. Additionally, the bill modifies the conditions under which DCF can immediately take a child into temporary custody, explicitly stating that this can only occur when there is reasonable cause to believe a child is suffering from serious abuse or neglect and immediate removal is necessary to protect the child from serious and imminent physical harm. The department must now obtain judicial approval within four hours of taking a child into custody, providing a sworn affidavit explaining the basis for their determination. These changes aim to provide more transparency and oversight in emergency child protection cases, ensuring that children are only removed from their families when absolutely necessary and that proper legal procedures are followed quickly.

Budget and Finance, Health and Social Services

https://malegislature.gov/Bills/194/S109