Failing Our Kids: Measures of the Broken Child Welfare System in Massachusetts
Coming Soon: 2024-2026 Update
“The definition of insanity is doing the same thing over and over again and expecting different results.”
—attributed to Albert Einstein
We have fallen into a nightmarish cycle in Massachusetts.
It’s a cycle of child-death incidents followed by investigations, reports, audits, apologies, promises, and reforms—and then the cycle repeats yet again. Meanwhile, for many years, we have been publicly asking for specific outcome measures that demonstrate the intended and actual impacts of child welfare reforms in Massachusetts, for children and for families.
There were no answers.
For years, we have been imploring our leaders to step outside the cycle of tragedy and follow up on the endless investigations, news reports, and journalistic pieces that document this litany of systemic failure.
The silence that has followed our requests has been deafening.
Into this silence, the hard data and a timeline of events speak volumes for our kids.
Using federal child welfare data from Child Trends (FY 2019, 2020, 2021) and the report of the Massachusetts Department of Children and Families (DCF Annual Reports FY2021 and FY2022), a comparison of publicly available key performance metrics related to foster care has been conducted.* This review first compares DCF to U.S. averages (all states) and specifically to other states (the wealthiest, the poorest, and the most populated, as well as other New England states). Additionally, we identify DCF performance before implementation of the 2015 child welfare reforms of Governor Charlie Baker’s administration and several years later to look at the impact of the reforms.
*Foster care is a temporary living situation for children and young adults who have been removed from their homes by DCF and the Courts; placements may include relatives, foster homes, and group facilities.
The Data
As you review the graphics and timeline that follow, you’ll learn that Massachusetts is failing children in DCF custody compared to other states on critical measures.
Measures such as:
- The average length of time in foster care;
- Children experiencing four or more foster care placements while in DCF custody;
- The percentage of children adopted by relatives; and
- The percentage of children in group care.
Children and youth involved with DCF, among the most vulnerable in our society, have very little presence in our legislative chambers, our newsrooms, and our boardrooms. And they have no direct say whatsoever in our voting booths. A total of 13,045 unique children were in foster care during FY2022, a staggering number of young lives (DCF Annual Reports FY2022). Children have no money and no power. They are functionally voiceless in the policy decisions that most affect their lives.
Remember these vulnerable young citizens—their voices, their faces, their futures—as you read the data and timeline that follow.
You’re about to learn that children in DCF custody in Massachusetts would do better to live in almost any other state.
Even with what the Baker administration and the state legislature called “major reforms” in 2015, 2019, and 2021, DCF performance remains among the worst in the nation.
Available data do not currently include meaningful measures of well-being, measures of child development and functioning across multiple domains (e.g., physical, cognitive and social-emotional), yet one can safely assume that the poor performance measures we do have are linked to poor well-being measures for the children and youth currently in the state’s custody—functionally, in our custody.
Average length of time spent in foster care
(FY2021)
A long time in a temporary placement
Percent of Children Exiting to Reunification With 5+ Placements
(FY2021)
The national average (FY2021) is not reported by Child Trends.
Multiple placements have major negative impacts on child well-being1
Why aren’t we hearing more about how poorly MA is performing on this critical measure and what the Commonwealth is doing to address it?
Percent of Children Exiting to Guardianship With 5+ Placements
(FY2021)
The national average (FY2021) is not reported by Child Trends.
Multiple placements have major negative impacts on child well-being1
Why aren’t we hearing more about how poorly MA is performing on this critical measure and what the Commonwealth is doing to address it?
Percent of Children Exiting to Adoption With 5+ Placements
(FY2021)
The national average (FY2021) is not reported by Child Trends.
Multiple placements have major negative impacts on child well-being1
Why aren’t we hearing more about how poorly MA is performing on this critical measure and what the Commonwealth is doing to address it?
Percent of Children Placed in Group Care
(FY2021)
Is group care appropriate for all of these children? Are there not enough less-restrictive options or services to keep kids at home?
Percent of Children Adopted By Relatives
(FY2021)
Why is MA performing so poorly when DCF has been focused on kin placements?2
Length of Stay in Foster Care Before Adoption
(FY2021)
A significant part of a child’s life without a permanent family
Percent of Youth Exiting Foster Care to Emancipation3
(FY2021)
Aging out of care without permanence has lifelong consequences4
Percent of Children in Foster Care 5+ Years
(FY2020)
Child Trends FY2021 reporting has changed; see “5+ Placements” tabs.
A lifetime for a child…
Percent of Children with 4+ Foster Care Placements
(FY2020)
Child Trends FY2021 reporting has changed; see “5+ Placements” tabs.
Multiple placements have major negative impacts on child well-being1
MA has the worst performance of all states in comparisons on this critical measure. Why aren’t we hearing more about this?
MA Reports Measures of “Well-Being”…
The Results Speak for Themselves
DCF reported only two “well-being” measures for children and youth in out-of-home placement in annual reports from 2019 through 2021: (1) medical evaluations completed and timeliness, and (2) high school graduation rates. DCF’s Annual Report FY2022 includes three additional education well-being measures from the 2021-22 school year: (3) students with “high needs”, (4) school attendance rates, and (5) safety disciplinary action.
Medical Evaluations*
| FY2017 | FY2018 | FY2019 | FY2020 | FY2021 | FY2022 | |
|---|---|---|---|---|---|---|
| % of all medical visits completed** | 51.3% | 78.7% | 82.7% | 80.4% | 78% | 76.7% |
| % of medical visits completed in a timely manner** | 29.2% | 45.1% | 49.1% | 49.7% | 44.2% | 42.6% |
*Baker administration reforms included the hiring of a full-time DCF Medical Director and Medical Social Workers for 29 DCF Area Offices.
**DCF Annual Report FY2022
Four-Year High School Graduation Rates*
| DCF minimum target | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2021: All MA students** |
|---|---|---|---|---|---|---|---|---|
| ≥67% | 51.4% | 57.3% | 63.4% | 55.6% | 56.8% | 50.6% | 56.7% | 89.8% |
*DCF FY2022 Annual Report
**MA Department of Elementary and Secondary Education
Other Education Well-Being Measures
- Students with “High Needs”: 84.8% of children in DCF custody were identified as “high need”, in contrast to 56.2% of all MA students.
- School Attendance Rates: Children in DCF custody attended 86.8% of their enrolled school days, versus 91.5% for all MA students.
- Safety Disciplinary Action: Children in DCF custody had more in-school and out-of-school suspensions and emergency removals than all MA students.
The DCF Annual Report FY2022 does not include an analysis or indication of what DCF has learned from these well-being data points, nor any indication of what DCF is doing to address these poor results for children and youth in the custody of DCF.
A Chronicle of Systemic Failure
Child or youth fatality- Report released
- Massachusetts legislative development
U.S. federal development
Massachusetts Office of the Child Advocate report- Massachusetts judicial activity or report
- Media report or investigation
2014
APR 18, 2014
Jerimiah Oliver, age 5, whose family was involved with Department of Children and Families, is found dead.
“During the course of its investigation, the OCA identified specific existing DCF policies and practices that warrant further review by Child Welfare League of America (CWLA). These include case transfers between offices, case reviews, ongoing casework, case closing criteria, and information sharing between DCF and child protection agencies in other states.”
MAY 22, 2014
Child Welfare League of America (CWLA) Releases "Quality Improvement Report." This report served as a blueprint for the Baker Administration's 2015 reforms.
Detailed policy, procedure, and operational reform recommendations. Read the Report.
JUN 2014
Massachusetts Law Reform Institute releases: "If Not Now, When? A Call to Action for Systemic Child Welfare Reform in Massachusetts"
Builds on CWLA article with many recommendations to invest in front-end services and involve cross-agency coordination.
SEP 2014
The Boston Foundation releases "The Utility of Trouble From Crisis to Opportunity: Child Welfare Reform in Massachusetts"
Highlights five levers for change successfully employed in other states.
2015
Governor Baker inaugurated (JAN 8, 2015)
Citizens for Juvenile Justice releases "Missed Opportunities, Preventing Youth in the Child Welfare System from entering the Juvenile Justice System" (2015)
Examined the data, research, and causes regarding dually involved (DCF and Department of Youth Services) Massachusetts youth
JAN 13, 2015
The House Committee on Post Audit and Oversight and House Members of the Joint Committee on Children, Families and Persons with Disabilities’ releases "Review of the Massachusetts Department of Children and Families"
“Based on our review it was clear that MA DCF was an agency in crisis that could not ensure the safety and welfare of the children in its care”.
JAN 29, 2015
US Department of Justice and Health and Human Services issue joint letter of findings that the Department of Children and Families (DCF) discriminated against a parent in violation of the Americans with Disabilities (ADA) and the Rehabilitation Act.
Findings include extensive and on-going violations of Title II of the Americans with Disabilities Act (ADA) and section 504 of the federal Rehabilitation Act of 1973. Agencies recommended extensive remedial measures for DCF.
Linda Spears appointed Department of Children and Families (DCF) Commissioner (FEB 2015)
JUL 14, 2015
Jack Loiselle, a boy who had been involved with DCF, is found beaten and starved in his father’s home.
AUG 15, 2015
Avalena Conway-Coxon, age 2, died in a DCF foster home.
Gov. Baker says the residence would never have been a foster home if DCF policy was properly followed, citing a blatant lack of oversight by DCF staff.
"There was just a policy breakdown there.”
SEP 4, 2015
Department of Children and Families (DCF) releases "Case Review: Jack Loiselle"
“DCF views the failure to protect Jack as an indication of systemic failures both internal and external to DCF.”
“Over more than a decade and through several tragic and high-profile cases, Massachusetts has initiated child welfare reform efforts to improve outcomes for children at risk of or experiencing abuse and neglect. DCF has, however, been unable to successfully implement and sustain meaningful change over time.”
“It is quite clear that DCF does not have the policy framework, operating rules, and executional follow-through that is required to properly serve and support all children with which it is involved.”
“The problem here is the policy. The easy thing to do would be to fire somebody over that,” Gov. Baker told reporters. “The hard thing to do is to fix the policy and then to hold people accountable.”
Maria Mossaides appointed as second Director of Office of the Child Advocate (OCA). (SEP 10, 2015)
SEP 21, 2015
Baby Doe body identified as Bella Bond, age 2, whose family had a long history with Department of Children and Families (DCF)
SEP 28, 2015
Governor Baker, Frontline Child Protection Workers Announce Department of Children and Families (DCF) Reforms
"Systemic policy reforms are necessary...", Governor Baker states.
Included new intake policy, new supervisor policy, examination of all complex cases, retention and recruitment of social workers, reinstatement of technicians, reestablish central MA office, reduce backlog for foster home applicants, as well as other reforms and policy updates, including: new practice model and policies regarding ongoing case work, family assessment and service planning, new positions including statewide medical social workers and an ombudsman, case closing and coordination with service partners.
Gov. Baker vows “end-to-end” reform – Read the article
SEP 30, 2015
Department of Children and Families (DCF) releases “Case Review: The Foster Home of Kimberly Malpass”
DCF findings regarding the death of Avalena Conway-Coxen in this foster home include:
- DCF policy was not followed during the approval process
- DCF failed to appropriately utilize available information to understand the capacity of the caregiver
- DCF supervision was deficient
- DCF policy was not followed during the probationary period of the foster home
OCT 28, 2015
Office of the Child Advocate (OCA) releases "Review of the Death of Bella Bond Report"
OCA findings include:
- The risk assessments did not accurately reflect risk.
- Ms. Bond’s ability to parent was not appropriately assessed.
- Decision to close the 2012 and 2013 DCF cases were premature.
- In 2013 a mandatory managerial review was not properly conducted.
- Information sharing between state agencies could help reduce risk to children.
NOV 20, 2015
Office of the Child Advocate (OCA) releases "Management Review of the Department of Children and Families, Final Report to the Legislature"
Multiple recommendations from the OCA regrading DCF operations, reporting, policy and practice, quality improvement, record keeping, background checks and funding.
NOV 2015
Pioneer Institute releases "Driving Critical Reforms at DCF - Ideas for a Direction Forward in Massachusetts’ Child and Family Services"
Includes multiple recommendations and references to previous reports and recommendations.
“…writing off DCF’s problems by scapegoating employees is unfair because it mischaracterizes the scope and nature of those problems”.
2016
JAN 2016
Federal Child and Family Services Review (CFSR) 2015 released for state of MA.
MA DCF not found in substantial conformity on the 7 safety and well-being outcomes and only 2 of the 7 systemic factors were found to be in substantial conformity.
MA Court Improvement Program (CIP) begins study of Education of Children and Youth in Foster Care in Massachusetts. (MAR 2016)
2017
JAN 2017
Friends of Children authors "Foster Care Review Office" bill filed in State House and Senate to create foster care review process independent of Department of Children and Families (DCF).
Legislature creates the Task Force on Child Welfare Data Reporting
FY18 Budget Appropriations Act, Section 128. Task force to develop basic data measures, progress measures, and key outcome measures including DCF’s progress in achieving safety, permanency and well-being. Legislature overrode Governor veto.
Members include:
- Child Advocate & DCF Commissioner as co-Chairs
- Senate and House Chairs of the Joint Committee on Children, Families and Persons with Disabilities
- Chief Justice of the juvenile court
- Executive Director of the MA Law Reform Institute
- Chief Counsel of the Committee for Public Counsel Services
- Executive director of Children’s League of MA
- 1 person with expertise in child welfare data and outcome measures (chosen by OCA)
- 1 person with expertise in DCF Information technology, (chosen by DCF Commissioner)
MA Court Improvement Program (CIP) report, "Designing Data Driven Directions for School Success of Students Involved in Child Welfare Proceedings" is completed, however official report was never released. (AUG 9, 2017)
Shows substantial disparities in school experiences of foster youth.
DEC 2017
U.S. Department of Health and Human Services, Office of the Inspector General Report: "Some Massachusetts Group Homes for Children in Foster Care Did Not Always Comply with State Health and Safety Requirements"
30 of 101 group home locations in MA that received foster care funding were reviewed.
- Findings: because Massachusetts did not ensure that group homes complied with state requirements, the health and safety of the children residing in the group homes were potentially at risk.
DEC 7, 2017
MA Office of the State Auditor releases "Audit Report, Department of Children and Families"
Findings include:
- DCF does not identify and investigate all occurrences of serious bodily injury to children in its care.
- DCF does not report all critical incidences affecting children in its care to the OCA.
- DCF does not report incidences of abuse, neglect and or sexual abuse of children it its care to Districts Attorney.
2018
JAN 2018
Boston Globe publishes "Child Protection Agency is Making Progress But Challenges Remain"
“analysis of key data points indicates the increased stability and resources haven’t yet led to significantly better outcomes for children”
“The department is far more stable than it was in 2014 and 2015,” said Sec. Sudders “So I believe that we are poised to now really move on improving outcomes for kids.”
Federal "Family First Act" signed into law (FEB 9, 2018)
Reforms and funding to keep children safely with their families and avoid foster care. Read an overview from The Annie E. Casey Foundation
Office of the Child Advocate (OCA) releases "Child Fatality Review Needs Assessment" (MAR 2018)
“The findings reveal several needs that must be addressed in order to clarify the role of the State Child Fatality Review Team and its members, and to make the kind of systemic policy change that can prevent child injuries and deaths in the future”
Citizens for Juvenile Justice release "Shutting Down the Trauma to Prison Pipeline: Early, Appropriate Care for Child-Welfare Involved Youth" (JUL 2018)
Examines the trends in MA child welfare involvement, including spikes in care and protection cases, racial and ethnic disparities, placement instability, geography of out-of-home placement, and other factors that lead to the worst outcomes for foster youth.
"Care and Protection of Walt", Supreme Judicial Court (SJC) unanimous decision (OCT 2018)
Authored by Chief Justice Gantz; emphasized the long-standing state policy that foster care be used only as a last resort. Confirmed that the court has the power to order DCF to provide specific services and supports to a family when DCF removes a child without first making “reasonable efforts” to keep that child at home because DCF’s failure to follow the law in that way causes harm to that child and family.
2019
Friends of Children revises Foster Care Review Office bill, filed for second time in State House and Senate to create foster care review process independent of DCF. (JAN 2019)
MAR 2019
MA Court Improvement Program (CIP) releases report “Stable Placement, Stable School: Improving Education Outcomes of Children in Foster Care in Massachusetts”
Demonstrates foster youth do much worse in school than all other students in measures of chronic absenteeism, grade retention, dropout rates, and school discipline.
APR 6, 2019
Boston Globe publishes "In a broken foster system some kids can’t find a bed for the night."
“MA has one of the worst records nationally for providing stable placements for children in foster care”
“...we are seeing in real time a healthy child come into care for a valid reason and they come out the other end with behavioral problems, attachment issues, and become labeled hard to place.”
– Adrianna Zwick, social worker
APR 9, 2019
MassLive publishes, “There’s no way for us to learn how to live’: foster children who age out of care suffer later in life”.
APR 22, 2019
Boston Globe publishes "Mass foster care oversight plagued by conflict of interest, advocates say."
APR 23, 2019
MA Office of the State Auditor releases "Local Financial Impact Review: Educational Services for Students in Foster Care and State Care"
“DCF involved children attend multiple schools, suffer chronic absenteeism, experience significant discipline incidents, and have a school dropout rate significantly higher than the general population of students. The high school graduation rate is significantly lower.”
APR 23, 2019
Boston Globe reports "Auditor concerned that communication issues hurt foster children’s education"
MAY 14, 2019
Boston Globe publishes "Baker administration pledges major reforms for troubled foster care system"
“Secretary Sudders said the changes include a top-to-bottom review of policies.”
MAY 16, 2019
MA Office of the State Auditor releases "Audit of the Office of the Child Advocate"
“no significant instances of noncompliance”
“Information indicated that from 7/1/17 through 10/31/17, DCF received 2,681 reports of sexual abuse against children, of which 1,505 were serious enough to warrant further investigation by DCF and/or District Attorneys. Of the 1,505 incidents, 1,482 (98%) were committed in non-institutional settings, and therefore OCA was not required to analyze them. Although it is not required by law or regulation, we believe that OCA could better achieve its mission of protecting children by receiving detailed information of supported allegations of sexual abuse and other abuse that occur in both institutional and non-institutional settings.”
JUN 30, 2019
Department of Children and Families (DCF) Child and Family Services Plan 2015-2019 Final Report to the federal government
The Reform Efforts and Progress to Date section states “with the full support of the social worker’s union, the Department embarked on reforms intended to stabilize the organization and improve its ability to keep children safe from harm. DCF leadership immediately began by addressing the need to reduce caseloads, improve oversight of case decisions, and creating a set of consistent policies, rooted in the fundamentals of child protection, that emphasized clinical oversight and a team approach to decision making.”
Read the report (The Reform Efforts and Progress to Date section, pages 4-7)
JUL 29, 2019
Boston Globe publishes "Child deaths under state’s watch fall, but new data raises more questions."
“The number of children dying while under the state’s watch has fallen to its lowest level in the past five years, according to new data from the Baker administration, but child advocates say the information raises as many questions as it answers."
DEC 6, 2019
Children’s Rights posts links to the six-part series in the Kansas City Star that provides an in-depth look into our nation’s foster care system. “The Star’s series is required reading for anyone who cares about the nation’s broken, overwhelmed child welfare system”.
DEC 30, 2019
Department of Children and Families (DCF) releases "Annual Report FY2019"
2020
JAN 3, 2020
Boston Globe publishes "An Innovative report takes a look at the Department of Children and Families, and finds stubborn problems. "
“'It’s a lot of what, but it’s not a lot of why. And that’s the big worry here,' said Jane Lyons, executive director of Friends of Children."
JAN 11, 2020
Mass Live publishes "House Speaker to meet with lawmakers examining foster care system after death of Whitman 2-year-old"
MAR 10, 2020
Gov. Baker declares state of emergency. Global pandemic shuts down the world. Raises immediate concerns for children and families involved with Department of Children and Families (DCF).
JUL 2020
Federal Child and Family Services Review (CFSR) Round 3 State-by-state performance data and national performance comparisons.
MA DCF does worse than national performance on 6 of 7 metrics.
MA DCF does worse than the national performance on:
- maltreatment in foster care
- recurrence of maltreatment
- permanency in 12 months for children in foster care 12-23 months and for children in foster care 24 or more months
- reentry to foster care in 12 months
- placement stability
MA performance was no different than national performance for permanency in 12 months.
AUG 15, 2020
Boston Globe publishes “Your child’s a no-show at virtual school? You may get a call from the State’s child welfare agency”
AUG 16, 2020
Boston Globe publishes Friends of Children Letter to the Editor regarding the need for transparency and access to child welfare data and information.
SEP 2020
Task Force on Child Welfare Data Reporting begins posting notice of meetings, meeting agenda, and minutes for Task Force quarterly meetings on the Office of the Child Advocate (OCA) website. Advocates and other citizens began attending the Task Force Meetings as “members of the public.”
The Task Force was created by the Legislature in the fiscal year 2018 budget and began meeting in the summer of 2017. These meetings are subject to the MA Open Meeting Law (G.L. c. 30A). In February 2020, the Office of the Child Advocate (OCA) indicated minutes had not been kept and the Task Force was assembling notes. In May 2020 Friends of Children requested access to all meeting minutes through a Public Records Request to DCF. DCF’s response included documents marked “unofficial draft” for two meetings in 2019 and one meeting in 2020. Meeting information, beginning with a meeting in September 2020, is currently posted on the OCA Task Force website.
There are no Task Force status or progress reports available publicly.
What we do know:
- The Task Force does not include representation of communities directly impacted by the child welfare system: LGBTQ people, people with disabilities, people of color, parents who have been involved in the child welfare system, and current or former foster youth.
- The Task Force worked with DCF to “update” DCF’s quarterly and annual reports. Although the revised reports address some basic data measures, they do not adequately address the other components of the Legislative mandate (“shall develop basic data measures, progress measures, and key outcome measures;" “shall develop criteria for measuring outcomes for children and families in the key child welfare domains of safety, permanency, and well-being”).
- The Task Force worked with the Legislature and DCF to file legislation to consolidate and update required DCF public reporting; advocates identified significant and basic issues with the legislation.
- Advocates consistently communicated to the Legislature that basic reporting must, at a minimum, include placement and educational stability, racial and ethnic disparities, sexual orientation and gender identity, children and parents’ disability data, and detailed reporting on transition-age youth.
The Legislature created the “Task Force on Child Welfare Data Reporting,” the OCA website and materials refer to it as “Data Work Group”.
OCT 1, 2020
Department of Children and Families (DCF) releases "Annual Report FY2020"
OCT 2020
Department of Children and Families (DCF) Releases "Foster Care Review Report FY2020"
OCT 21, 2020
David Almond, age 14, died seven months after DCF returned him to his father’s home.
NOV 18, 2020
Commonwealth Magazine publishes “Death of Fall River boy puts DCF in spotlight again.”
NOV 20, 2020
Department of Justice, Health and Human Services, and Department of Children and Families (DCF) reach agreement in 2015 findings of DCF violations of the Americans with Disabilities Act and the US Rehabilitation Act.
NOV 20, 2020
Boston Globe publishes "MA DCF repeatedly discriminated against parents with disabilities, federal officials find"
DCF is required to appoint a new statewide disability coordinator, begin amending many policies, and agree not to make decisions about removing a child from parents based on stereotypes or generalizations about persons with disabilities.
DEC 2020
Office of the Child Advocate (OCA) releases "Mandated Reporter Commission Status Report to the Legislature"
Mandated Reporter Commission members include (Dec 2020):
- Maria Mossaides, Office of Child Advocate: Chair
- Andrew Rome, General Counsel, DCF
- Angela Brooks, Director, Children’s Justice Unit, Office of Attorney General
- Ann Reale, Undersecretary, Executive Office of Education
- Anne Connors, Associate Commissioner, Department of Early Education and Care
- Officer Elizabeth Fleming, School Resource Officer, Waltham Public School District
- John High, Chief of Staff, Division of Professional Licensure
- Katherine Ginnis, Senior Director, Executive Office of Health and Human Services
- Lisa Hewitt, General Counsel, Committee for Public Counsel Services
- Marian Ryan, District Attorney, Middlesex
- Nina Marchese, Director, Department of Elementary and Secondary Education
- Spencer Lord, Special Counsel, Executive Office of Public Safety and Security
The Commission began its work in February 2020. This Status Report indicates the following regarding work status and the requested extension of the final report deadline from Dec 2020 to June 30, 2021:
- “The Commission respectfully submits this Status Report detailing the Commission’s extraordinary efforts to take a comprehensive systems-based approach to recommending a full package of legislative reforms to the mandated reporter system”.
- “The Commission needs additional time not only to fully design such complex recommendations, but also because several topics addressed were found to be significantly more complicated than initially anticipated”.
- “The Commission, since its inception, recognized that though the members are experts in their respective fields, the Commission would benefit from hearing members of the public weigh-in on Commission recommendations”.
Prior to the release of this report, child and family advocates across the state pressed the Commission regarding the need to listen to the voices of those with lived experience, state advocates, and national experts.
DEC 2020
Despite efforts and bills filed in both the House and Senate, the MA Legislature does not pass a comprehensive child welfare bill.
2021
JAN 2021
Massachusetts Appleseed releases “Families Torn Apart: Language based discrimination at the MA DCF."
The report states “The Massachusetts Department of Children and Families (DCF) is failing to provide federally mandated language access to limited English proficient (LEP) families”.
JAN 2021
Friends of Children's Foster Care Review Office bill filed for third time in State House and Senate to create foster care review process independent of Department of Children and Families (DCF).
JAN 26, 2021
Commonwealth Magazine publishes "Report slams DCF for lack of language services"
FEB 21, 2021
Commonwealth Magazine publishes "Why are Latinos so overrepresented in the state child welfare system?"
U.S. Department of Human Services, Office of Inspector General publishes, “ACF cannot ensure that all child victims of abuse and neglect have court representation” (ACF is the U.S. Administration for Children and Families). (March 2021)
MAR 2, 2021
Children’s Rights publishes, “Families Over Facilities: Ending the Use of Harmful and Unnecessary Institutions and Other Group Facilities in Child Welfare Systems”.
Children’s Rights “calls for ending the use of harmful and unnecessary institutions and other group facilities in child welfare systems. This is a matter of significant human, economic, and legal importance, and must be pursued with great urgency.”
The report also states:
- “In 2019, 42,823 children were housed in institutional and group care setting;
Older youth (ages 14-17) make up 67% of the institutional and group facilities population; - Housing children in facilities costs up to 10 times more than supporting a child in a family;
- Black children are overrepresented in foster care, generally, as well as in institutional group care; and,
- 50-80% of sex trafficking victims had prior interaction with the child welfare system.”
MAR 22 – APR 21, 2021
Office of the Child Advocate (OCA) posts "Mandated Reporter* Commission Report" Seeking Public Comment
* A “mandated reporter” is a person, from a profession-specific list of people, required by law to report to DCF if they have reasonable cause to believe a child/youth is abused or neglected.
MAR 31, 2021
Office of the Child Advocate (OCA) releases "Investigative Report: A Multi-System Investigation into the Death of David Almond”
A scathing report of systemic operational dysfunction. Read the report.
Read WBUR’s “Abused Teen’s Death Followed ‘Multi-System Failures’ by State Agencies, Report finds” including quotes from Governor Baker, House Speaker Ron Mariano and Senate President Karen Spilka.
Read Commonwealth Magazine’s “DCF Head Admits Agency Failed David Almond”
APR 4, 2021
Mass Live publishes "From Jeremiah Oliver to David Almond: How the MA Department of Children and Families responded in the wake of children’s deaths"
APR 5, 2021
Boston Globe publishes “A year into the pandemic, DCF workers visiting only about half of children in person”
APR 13 & 17, 2021
Mandated* Reporter Commission holds public hearings seeking public comment on the Report
* A “mandated reporter” is a person, from a profession-specific list of people, required by law to report to DCF if they have reasonable cause to believe a child/youth is abused or neglected.
Audio recordings and written testimony are available here
Key Takeaways
- Of the 37 individuals who testified, representing those with lived experience (foster parent, parent, adoptive parent), academics, advocates (state and national), state agencies, former DCF social worker, health care professionals, and attorneys, all but one (36) were opposed to the Commission Report recommendations.
- One of the many concerns expressed was a fundamental question regarding whether the Commission, in conducting a comprehensive review of the state child abuse and neglect reporting structure, is operating above and beyond what the Legislature has mandated in the House Committee on Post Audit and Oversight recommendations (Raising the Bar Report, May 2018) and the Act Relative to Children’s Health and Wellness 2019 that established the Commission (2019, Chapter 124, Section 12). Neither refer to a comprehensive review or overhaul.
- The House recommendations, in response to the USA Gymnastics national sexual abuse revelations, were to enact legislation to require coaches, administrators and other staff employed by or volunteering with private athletic organizations to act as mandated reports, and to implement a standardized online mandated reporter training.
- The Children’s Health and Wellness Act requested the Commission review and report on existing laws and regulations and make recommendations to improve the response to, and prevention of, child abuse and neglect.
The Mandated Reporter Commission submitted a final report to the Legislature on June 30, 2021. Read the report
MAY 4, 2021
Joint Committee on Children, Families and Persons with Disabilities holds "Oversight Hearing on the OCA Investigative Report" (David Almond)
Oral testimony (by invite only) is available here. Written testimony is not publicly accessible on the State House website.
Oral testimony was provided by:
- Maria Mossaides, Office of the Child Advocate
- Secretary Marylou Sudders, Executive Office of Health and Human Services and Linda Spears, Commissioner Department of Children and Families
- Secretary James Peyser, Executive Office of Education and Commissioner Jeff Riley, Department of Early and Secondary Education
- Chief Justice Amy Nechtem, Massachusetts Juvenile Court
- Commissioner Edward Dolan, Massachusetts Probation Services
- Chief of Counsel Anthony Benedetti, Committee on Public Counsel Services
- House Panel: Representatives Denise Garlick, Paul Donato and James O’Day
- Senate Panel: Senators Joan Lovely, Jo Comerford and Sal DiDomenico
- Superintendent Matt Malone, Fall River Public Schools – invited, however, did not provide oral testimony.
Key Points and Concerns
- The hearing raised more questions than it answered. More time and attention is required to address all critical questions and issues and conduct adequate follow-up to the testimony of Agency leaders.
- Secretary Sudders and Commissioner Spears continue to be unable to explain what really happened with the David Almond case and again stated that the DCF decisions made regarding the Almond family remain “inexplicable”.
- The OCA report itself, and the Secretary and Commissioner testimony, point to widespread concern regarding DCF operations.
- H88, An Act Relative to Accountability for Vulnerable Children and Families, a bill passed by the House earlier this year, was referred to by the House Panel (members listed above), as a first step to stabilize DCF. However, the bill does not actually address the operational issues identified in the OCA report and reiterated during the hearing.
Read the Massachusetts Child Welfare Coalition testimony here
The Legislature’s next steps have not yet been made publicly available.
MAY 4, 2021
Mass Live publishes “Amid legislation probe into David Almond’s death, Baker administration announces social work improvements.”
MAY 6, 2021
Mass Live publishes “After David Almond’s death, Massachusetts House, Senate disagree on how to advance DCF reforms”
MAY 2021
Office of the Child Advocate (OCA) releases "FY2020 Annual Report"
Key Points
- There are no OCA FY20 goals or success measures identified or evaluated.
- There is no update on the OCA-led DCF foster care review operational reforms implemented in response to 2017 proposed legislation to make the foster care review process independent of DCF.
JUN 9, 2021
Boston Globe publishes “They already had the air mattress’: Facing fewer options, DCF has planned for kids to sleep in the office”.
JUN 15, 2021
The Joint Committee on Children, Families and Persons with Disabilities holds a “Foster Care” hearing.
The agenda listed 21 bills related to foster care in Massachusetts, including S.88/H.211, an act establishing the Massachusetts foster care review office. Senator Comerford and Representative Farley-Bouvier, bill sponsors, introduced the bills. Friends of Children coordinated testimony in support of the bills from 19 individuals including foster care alum, an adoptive parent, child welfare advocates, an attorney who represents children/families, health care professionals and three MA District Attorneys. There was no oral testimony in opposition to independent foster care review.
The Joint Committee will vote on bills reviewed at the hearing at some point in this Legislative session.
Access agenda and webcast here
Audio of the oral testimony is available; written testimony is not publicly available on the website; however, this may be formally requested.
Read Friends of Children foster care review office testimony here
JUN 30, 2021
Office of the Child Advocate (OCA) submits the "Mandated Reporter Commission Final Report to the Legislature." Sixteen months after its establishment by the Legislature, the Commission, in a 93-page report, made no recommendations.
The OCA’s summary indicated “In light of the complexity of the issues involved in this discussion, no consensus could be reached by this Commission and therefore no votes were taken on any issue. This report is a summary of the deliberations of the Commission and the public comments made during the public comment period.”
Commission members included:
- Maria Mossaides, Director, Office of the Child Advocate (Chair)
- Angela Brooks, Director of the Children’s Justice Unit, Office of the Attorney General
- Anne Connors, Associate Commissioner for Field Investigations, Department of Early Education and Care
- Matthew Connelly, General Counsel, Executive Office of Education
- Officer Elizabeth Fleming, School Resource Officer, Waltham Public School District
- Katherine Ginnis, Senior Director of Child, Youth and Family Policy and Programs, Executive Office of Health and Human Services
- Lisa Hewitt, General Counsel, Committee for Public Counsel Services
- John High, Chief of Staff, Division of Professional Licensure
- Nina Marchese, Director of Approved Special Education Schools, Department of Elementary and Secondary Education
- District Attorney Marian Ryan, Middlesex, MA District Attorney Association
- Cristina Tedstone, Acting General Counsel, Department of Children and Families
- Susan Terrey, Chief General Counsel, Executive Office of Public Safety and Security
Read Commonwealth Magazine’s “Commission on child abuse reporting fails to reach consensus” and “Why child abuse commission got stuck”
Read National Coalition for Child Protection Reform (NCCPR) analysis of the report
JULY 2021
Think of Us, a national nonprofit research and development lab for child welfare, releases "Away From Home, Youth Experiences of Institutional Placements in Foster Care."
This significant report shares stories and qualitative data of youth with recent lived experience of institutional placements in foster care. The study leads to a call for the elimination of institutional placements in the United States.
JUL 7, 2021
The Joint Committee on Children, Families and Persons with Disabilities holds a “Disproportionality and Foster Care” hearing.
The agenda listed 10 bills related to disproportionality and foster care in Massachusetts.
The Joint Committee will vote on bills reviewed at the hearing at some point in this Legislative session.
Access agenda and webcast here
Audio of the oral testimony is available; written testimony is not publicly available on the website, however, may be formally requested.
JUL 14, 2021
Lawyers for Civil Rights and the Massachusetts Appleseed Center for Law and Justice filed a federal complaint against the MA Department of Children and Families (DCF).
The complaint was filed on behalf of the non-profit Haitian-Americans United, the Greater Boston Latino Network and an unnamed immigrant mother with limited English proficiency.
The complaint references a recent report from the Massachusetts Appleseed Center saying when DCF fails to ensure language access, parents with limited English are “unable to comprehend or participate in DCF’s processes.”
Read Massachusetts Law Reform Institute letter of support here
JUL 16, 2021
Governor Baker signs MA fiscal year 2021 budget that includes a racial impact statement for Department of Children and Families (DCF) reforms (section 2, item 4800-0038).
The amendment requires DCF to provide an assessment of the racial impact of any reform to guardianship, foster care, adoption, family preservation, and kinship services, including if it is likely to have a disproportionate or unique impact on racial and ethnic minorities in the Commonwealth. The MA Child Welfare Coalition worked with Senator Chang-Diaz on this initiative.
See the budget here (item 4800-0038)
JUL 29, 2021
Massachusetts Commission on LGBTQ Youth publishes “LGBTQ Youth in the Massachusetts Child Welfare System, A Report on Pervasive Threats to Safety, Well-being and Permanency”.
The report highlights alarming findings, including:
- Failures to keep LGBTQ foster youth safe and to protect them from violence, abuse and risks associated with intimate partner violence and exploitation, particularly for youth in congregate care
- Significant threats to LGBTQ youth well-being including long delays in accessing medically necessary care, barriers to education, and invalidation of LGBTQ identities
- Poor permanency outcomes for LGBTQ youth linked to inappropriate placements, frequent moves, and challenging transitions to adulthood
The report provides recommendations in four areas:
- Require data collection and reporting of data about sexual orientation and gender identify along with other demographic data
- Develop and implement policies to ensure equitable services, including a comprehensive LBGTQ nondiscrimination policy
- Expand and require training and resources for DCF staff, providers, and caregivers to improve understanding and affirmation of LGBTQ identities and to build skills
- Undertake structural changes to increase accountability, youth voice, and DCF’s capacity and infrastructure for serving LGBTQ youth, including identifying and tracking affirming homes. This section also includes a recommendation for an independent foster care review office – bills currently before the Legislature, H.211/S.88.
Read the Commission Report here
Read LGBTQ Legal Advocates and Defenders (GLAD) statement here
Read Boston.com “Report describes ‘emergency’ for LGBTQ youth in DCF system” here
Read Boston Globe “Report finds LBGTQ youth face ‘significant threat’ in DCF system” here
UMass Medical School Communications publishes “Center on Child Wellbeing and Trauma launched. MA Office of the Child Advocate and UMass Chan Medical School will work with state systems to reduce trauma infliction and support children’s healing” (Oct 21, 2021)
OCT 26, 2021
“Following the one-year anniversary of the death of David Almond, what has changed?”, an opinion piece written by Representative Farley-Bouvier and Senator Comerford, sponsors of the Foster Care Review Office legislation.
NOV 9, 2021
New England Public Media publishes “Massachusetts foster families say DCF often separates siblings, despite its own stated priorities”.
DEC 2021
Department of Children and Families (DCF) releases "Annual Report FY2021"
Read the annual report | Read the 12/7/21 State House News Service article “Spears Highlights DCF Efforts Since David Almond Report”
December 2021, Family Justice Initiative publishes: “Improving the Lives of Children and Families through High-Quality Lawyering."
DEC 10, 2021
Commonwealth Magazine publishes “Only half of foster children graduated on time last year”
DEC 25, 2021
Boston Herald publishes “Hundreds of children go missing from Massachusetts DCF custody each year, records show, 858 children went missing in 2019”
DEC 27, 2021
Boston Globe publishes letter “Child advocate’s alarm over R.I. system should stir Mass to take a hard look at DCF”
Submitted by Tony DeMarco, cofounder Children’s Law Center MA and practicing juvenile court attorney. Attorney DeMarco indicates MA has the same lack of placements and services that were exposed in RI; however, in MA the responsible parties are not exposing or addressing the problems.
Read the Boston Globe article : “RI Child Advocate sounds the alarm, saying it has never been this bad”.
Boston Globe publishes letter “DCF needs family input” from Tatiana Rodriquez, of Family Matters of Boston and Worcester and Susan Elsen of MA Law Reform Institute. (Dec 28, 2021)
The letter refers to an unanswered request Family Matters and the MA Child Welfare Coalition made to DCF to allow for people directly impacted by DCF to have input on the plan to be submitted to the federal government for reimbursement for services to keep children safely at home and out of foster care.
2022
Joint Committee on Children, Families and Persons with Disabilities held 11 additional public hearings between September 2021 and January 2022 to review bills affecting child welfare and other Committee areas of responsibility. (Jan 2022)
JAN 2022
The public learns of the disappearance of seven-year-old Harmony Montgomery–and that the child welfare systems in Massachusetts and New Hampshire have been involved.
Read what has been made public (through April 10, 2022):
- January 5, 2022: Boston Globe publishes “A mother’s frantic phone call to Manchester, N.H. police triggered search for missing girl”
- January 22, 2022: Boston Globe publishes “The net that should have kept Harmony Montgomery safe shredded…but it held for her little brother”.
- January 27, 2022: Boston Globe publishes “SJC orders review of Harmony Montgomery case”
- February 1, 2022: Boston Globe Editorial Board publishes “Harmony Montgomery was missing for two years before state agencies acted. What went wrong?”
- February 13, 2022: Boston Globe publishes “Sununu says communication breakdown between states led to lax oversight of Harmony Montgomery.”
National Association of Counsel for Children (NACC) publishes updated "Recommendations for Legal Representation of Children and Youth in Neglect and Abuse Proceedings" (Jan 10, 2022)
Commonwealth Magazine publishes “Can a parent’s right to a child be terminated via zoom? High court to consider virtual hearings in child custody cases”. (Jan 30, 2022)
FEB 3, 2022
Film premiere of “Family Fractured” documentary created by The Family Project, a collaboration between Citizens for Juvenile Justice, Northeastern University School of Journalism, & Northeastern University’s Cradle-to-Prison Pipeline Project.
“The intent was to ethically and supportively create video stories that include the essential input of people most impacted by the system…”
– Citizens for Juvenile Justice
“...Families are involved with DCF because of poverty...”
– Parent
FEB 18, 2022
MA Administration Press Release: “Baker-Polito Administration Files Fiscal Year 2022 Supplemental Budget”.
Among other policy and budget proposals, the supplemental budget includes $50 million to mandate the appointment of a guardian ad litem (GAL) in every alleged child abuse or neglect case in the juvenile court system.
FEB 22, 2022
TuftsNow publishes “Child Abuse Actually Decreased During COVID. Here’s Why”.
MAR 2022
Office of the Child Advocate (OCA) releases "Investigation Status Report, Regarding the Multi-System Investigation into the Death of David Almond"
The report states:
- “This investigation status report lets the state agencies and entities identified in the investigation speak for themselves in outlining the work that they have done to implement the recommendations in the report.”
- “The Commonwealth is a much better place for children today because of these agencies and entities and the individuals within them.”
- “Close to one year since the report was issued and already there has been sweeping changes that honor the life of David Almond.”
- “DCF has made significant progress on all recommendations and remains determined to address additional case practice and systemic reforms.”
- “The OCA is intimately involved and has been meeting with DCF monthly to discuss and provide input about implementation.”
- “This is the highest calling of the OCA: to make changes on the ground that affect the real lives of children.”
The report includes 30 pages of OCA, DCF, Department of Elementary and Secondary Education & Fall River Schools, MA Juvenile Court and MA Probation Service narratives regarding the revision or development of policies, procedures, guidance, and practices as well as the development and conduct of staff training.
The report does not include:
- Expected outcomes or goals regarding the impact of these activities on children, youth, and families
- Documentation of performance pre- and post- implementation of the OCA recommendations
- Evaluation or performance metrics to be utilized by the agencies
- Plan to obtain stakeholder feedback on the implementation and intended impact of the recommendations.
Read the Status Report
Read the Investigation Report March 2021
MAR 2022
Office of the Child Advocate (OCA) releases "Annual Report FY2021"
The report is a 42-page narrative describing the OCA’s statutorily mandated functions, listed as:
- Reviewing critical incident reports
- Reviewing reports of child abuse and neglect in institutional settings
- Operating a complaint line to respond to concerns about the delivery of state services to children.
The report also indicates that “public awareness of our agency’s ombuds function continues to grow each year, which we attribute to our success in resolving complaint line matters on behalf of children and families, as well as our work investigating cases that have drawn significant public attention.”
The report indicates the OCA is both “an independent overseer” AND “the first OCA in the country to be an incubator of pilot projects.”
It is difficult to understand or evaluate progress and effectiveness as there are no OCA FY21 goals or success measures identified or evaluated.
The report indicates “Later this year, the OCA will issue a separate report analyzing data and system-wide trends captured by the reports and complaint line inquiries our office received in FY21……. This new report will incorporate expanded measures and metrics beyond what we had previously reported.”
Boston Globe publishes Friends of Children letter, “Another child tragedy, another case of the state reacting without thinking”, regarding the Governor’s Guardian Ad Litem (GAL) proposal. (March 13, 2022)
The Nation publishes “How Covid Revealed the Folly of Our Child Protection System” by Dorothy Roberts (April 29, 2022)
Commonwealth Magazine publishes opinion “Baker proposal for guardians ad litem will only worsen child welfare system” by Michael Dsida, Deputy Chief Counsel, Children and Family Law Division of the Committee for Public Counsel Services, and Leon Smith, Executive Director, Citizens for Juvenile Justice. (April 29, 2022)
MAY 2022
Office of the Child Advocate (OCA) releases “Investigative Report, A Multi System Investigation of Harmony Montgomery”. Harmony is a four-year-old who went missing in 2020 after involvement with the MA and NH child welfare systems.
A sample of OCA findings from the Report:
- “Much of Harmony’s trauma was because of inconsistent planning about whether she was “going home” to her biological mother or be adopted. The stress was so destabilizing that her behavior significantly deteriorated and compromised her foster care placement”…
- “Every aspect of the child protective system needs to be evaluated for how it works to promote successful permanency for a child in a manner and timeframe that ensure their safety and wellbeing.”
- “Harmony’s safety was not placed at the center of the legal proceedings. Because in Harmony’s case her needs were not presented in court by any of the attorneys, they could not be adequately considered by the Judge.”
- “Harmony’s individual needs, well-being, and safety were not prioritized or considered on an equal footing with the assertion of her parents’ rights to care for her in any aspect of the decision making by any state entity.”
- “There was no discussion of custody nor was there discussion on how Harmony could safely transition to father’s care. There were miscalculations of the safety and risk to Harmony when placed in father’s custody. There was no planning to ensure that the custody arrangement would be successful.”
- “The DCF record contains very little about Harmony as a person, her on-going medical needs, special education needs, personality, strengths, trauma, and behavioral health needs.”
- “She had been on a waitlist for therapy for months when custody was awarded to father.”
- “Although DCF case management was aware of her visual disability and special needs, there was no central focus on Harmony, her needs, and the specific standard of parental capacity that was necessary to successfully care for her as an individual.”
- “Since the DCF case management team did not assess Mr. Montgomery, it is unclear how the goals and tasks on his action plan were identified and developed.”
The report mentions five foster care reviews; it did not include any assessment or findings related to the reviews.
- June 2015: the foster care review panel determinations included the goal of reunification with her mother. A month later, during a Permanency Planning Conference (PPC, an internal DCF meeting) the goal was changed to adoption.
- December 2016: the foster care review panel determinations included maintaining the goal of adoption.
- In February 2017 (2 months later) during a DCF PPC the goal was changed to reunification with her mother.
- June 2018: the report does not indicate what the panel recommended regarding the permanency goal for Harmony.
- December 2018: the foster care review panel determinations included maintaining the goal of reunification, however, changed it from “with mother” to “with father”. The determination included a recommendation for an Interstate Compact on the Placement of Children (ICPC) and a timeframe to achieve the goal of one year from the review (Dec 2019). One week later, during a DCF PPC, the goal was changed back to adoption.
Boston Globe publishes “Harmony Montgomery’s safety and well-being not given priority, Mass. Report finds” (May 4, 2022)
Washington Post publishes “Child-welfare “failed” missing 7-year-old, state says” (MAY 4, 2022)
MAY 2022
Department of Children and Families (DCF) releases “Foster Care Review Report FY2021.”
Commonwealth Magazine publishes “Report says DCF needs to incorporate family input into policies.” (May 5, 2022)
Mass Live publishes “Recommendations after Harmony Montgomery case similar to those of David Almond, Bella Bond, and others; state looks to implement new tools by 2023.” (May 8, 2022)
MAY 9, 2022
Mass Law Reform Institute publishes “Family Voices, insight about prevention services from families and youth directly affected by the Massachusetts child welfare system, and a call to partner with families and youth with lived experience for prevention services planning.”
Gloucester Daily Times publishes editorial “Our view: Massachusetts continues to fail its children.” (MAY 9, 2022)
Commonwealth Magazine publishes, “Budget amendment would create Harmony Montgomery Commission” (MAY 12, 2022)
MAY, 2022
iFoster publishes, “Voice of the Foster Care Community, Children in Foster Care, Caregivers, and Front-Line Child Welfare Workers Speak Out”.
The report states:
“The overwhelming consensus is that the child welfare system is failing the children and youth it is responsible for raising. It’s failing by allowing children to languish in the system longer than they need with no permanency; failing to be equitable; failing to recognize the lifelong impacts of trauma; and failing to prepare youth to be independent when they age out of care if a permanent family has not been found for them.”
Boston Globe publishes, “Communication 101: Closing the Language Barrier in State Agencies”. A “horrific” DCF case is used to demonstrate “inconsistent and more than often substandard language access practices across state government agencies”. (MAY 23, 2022)
The Hill publishes “What rights do U.S. children have? None.” (JUN 11, 2022)
The U.S. stands out in its unwillingness to ratify the United Nations Convention on the Rights of the Child (UNCRC); this treaty (1989) has been ratified by 196 other countries.
JUN 15, 2022
MA Commission on LGBTQ Youth publishes “Report and Recommendations for Fiscal Year 2022 (July 1, 2021 – June 30, 2022). The Report includes recommendations in key areas, with specific recommendations for state agencies including DCF.
FY 2022 recommendations for DCF:
- “Adopt a comprehensive LGBTQ policy or publish a plan outlining how LGBTQ issues will be comprehensively addressed through various policies.”
- “Improve healthcare access for transgender and gender-nonconforming youth.”
- “Create and implement a plan to ensure regular distribution of the agency’s LGBTQ Guide to staff, parents, guardians, and (as appropriate) youth.”
- “Identify LGBTQ-friendly foster placements, hotline homes, and residential facilities in every region across the Commonwealth, and store this information in a manner easily accessible to DCF workers, while maintaining appropriate levels of privacy.”
- “Expand training programs to all workers and supervisors on issues that affect LGBTQ youth and young adults, while continuing participation in the EOHHS interagency training development, and explore potential uses of that training.”
- “Ensure revised foster family training is consistently provided by trained presenters, and update training materials for participants.”
- “Improve and publish newly gathered data on sexual orientation and gender identity and explore its implications for DCF.”
- “Explore the role that Family Resource Centers could play in addressing familial rejection and acceptance of LGBTQ youth.”
- “Ensure the provision of comprehensive, youth-directed transition support for LGBTQ and all young adults aging out of the foster care system.”
NBC News publishes, “Most missing foster kids in four major states weren’t screened to see whether they’ve been sex trafficked, says watchdog”. (JUL 7, 2022)
Massachusetts is one of the four states.
Read the article | See the U.S. Office of Inspector General report
25 News publishes “25 Investigates: Lawmakers put the brakes on proposed Harmony Montgomery Commission” (JUL 19, 2022)
AUG 10, 2022
Governor Baker signs into law, “An Act addressing barriers to care for mental health” a comprehensive mental and behavioral health reform bill addressing the structure and delivery of mental health services to MA residents.
Chapter 177 of the Acts of 2022.
The law addresses a broad range of behavioral health issues. A few of the key requirements include (MA Association for Mental Health Fact Sheet):
- Establishment of a 24/7 988 suicide and crisis lifeline center to provide crisis intervention services and care coordination.
- Office of the Child Advocate to file a report making recommendations for decreasing and eliminating the number of children and adolescents in emergency room boarding, awaiting clinically appropriate behavioral health services.
- Establishment of a complex case interagency review team to collaborate on complex cases of children and young adults with disabilities or complex behavioral health or special needs, who qualify for services from one or more state agencies or special education services, when there is an urgent need to address a lack of resolution about current service needs or placement.
- Office of the Child Advocate to receive complaints from all children, families and guardians to assist with problems associated with placement, access to behavioral health services, plans for independent living, and custody decisions of persons ages 18-22, and to develop procedures to ensure appropriate responses to the concerns of youth in foster care.
- Department of Children and Families to assess every child entering the foster care system for behavioral health symptoms, including those related to the precipitating factors of their entry into care. And, to provide referrals for further assessment and treatment to ensure behavioral health and trauma-related needs are addressed in a timely manner.
Mother Jones publishes, “Inside Massachusetts’ Family Separation Disaster” (SEP 26, 2022)
“The couple had unwittingly stumbled into an open secret of the MA child welfare system: The state systemically fails to comply with its own legal statute, delaying 72-hour hearings well beyond 72 hours. Mother Jones found that the critical hearings are routinely pushed back weeks or months.”
“In the meantime, children are typically placed in foster care while their parents wait to appear before a judge. The courts are meant to form a backstop to quickly rectify DCF overreach or mistakes, but the data suggests the backstop is failing.”
NBC News publishes: “Mandatory reporting was supposed to stop severe child abuse. It punishes poor families instead”. (OCT 12, 2022)
NBC News publishes “This state’s foster care population has dropped by a third since 2019. What happened?” (OCT 13, 2022)
Connecticut is keeping families together whenever possible —a strategy implemented by Vannessa Dorantes, the first Black commissioner in the agency’s history.
Boston Globe publishes, “With few options, DCF has had children sleep overnight in its offices at times, workers say”. (OCT 19, 2022)
NBC10 Boston publishes, “Taken & Traumatized: Lawmakers Propose More Oversight Before DCF Can Take Kids in Middle of the Night” (NOV 19, 2022)
25 News publishes, “Thousands of Mass kids spending most of their young lives in limbo with DCF” (NOV 22, 2022)
CBS News Sunday Morning publishes “Fostering Tragedy: Experts say system designed to protect children can break up families.” (DEC 4, 2022)
The Eagle Tribune publishes “Commentary: Child welfare system needs an overhaul”. Hina Naved, Aryeh Neier Fellow at Human Rights Watch and the American Civil Liberties Union. (DEC 4, 2022)
The Boston Globe publishes “They brought their sick baby to the hospital, three days later, the state took their kids away” by Caitlin Gibson of The Washington Post. (DEC 7, 2022)
DEC 2022
Department of Children and Families (DCF) releases “Annual Report FY2022"
DEC 2022
Department of Children and Families (DCF) releases “Foster Care Review Report FY2022”.
DEC 2022
Office of the Child Advocate (OCA) releases “Task Force on Child Welfare Data Reporting, Final Report”, including, “Minority Report: Massachusetts Law Reform Institute and the Committee for Public Counsel Services”.
DEC 12, 2022
The Trevor Project publishes 2022 National Survey on LGBTQ Mental Health by State. The report states “53% of LGBTQ youth in MA who wanted mental health care in the past year were unable to get it”.
2023
JAN 5, 2023
On the last day of the 2021-2022 session the Legislature passed the “Act Establishing a Foster Parent Bill of Rights”.
The bill was sponsored and championed by Senator Comerford, and Representatives Farley-Bouvier and Donato,and signed into law by Governor Baker.
The law governs DCF’s relationship with, and responsibilities to, foster parents. DCF has six months to establish the bill of rights, make it available on DCF’s website, and provide a copy to all current foster, pre-adoptive and kinship parents.
The Boston Globe publishes “State legal aid agency seeks more oversight when DCF removes children from homes without court order” (JAN 17, 2023)
“I think we want checks and balances for an agency that has the truly awesome power, and I mean this literally, to destroy families”, Josh Gupta-Kagan, a clinical professor of law at Columbia Law School, said. “Why should any government agency have those powers without checks and balances?”
JAN 31, 2023
Pittsburgh AP (supported by the Pulitzer Center on Crisis Reporting) publishes, “Child welfare algorithm faces Justice Department scrutiny”.
Commonwealth Magazine publishes “The state child welfare system needs an overhaul, not more band-aids. Let’s transform it to be a “child and family well being system”. (FEB 8, 2023)
Boston Globe publishes “A 15-year-old stayed in a hospital for 40 days. The reason? The state child welfare agency had no place to put him. Massachusetts child welfare agency has been stranding healthy kids in hospitals due to a lack of options.” (FEB 11, 2023)
It’s a travesty, an absolute failure”, said David Schildmeier,a spokesman for the Massachusetts Nurses Association, “Right now it’s a war zone in many emergency departments….And to put kids in these chaotic situations when they’re already traumatized? It makes no sense”.
Boston Globe Opinion publishes, “I am a survivor of the child welfare system. Family surveillance is not the solution to poverty”. (MAR 20, 2023)
“One visit from the Department of Children and Families gave rise to countless unannounced visits over the years as school staff reported our family to social services for the same reason: homelessness. DCF came to investigate, not to help.”
FEB 2023
Citizens for Juvenile Justice publishes “Educational Experiences of Massachusetts Foster Youth”.
APR 2023
Office of the Child Advocate (OCA) releases “Office of the Child Advocate Annual Report FY2022".
APR 7, 2023
Boston 25 News posts “25 Investigates: Foster mom claims DCF disregarding concerns of child in her care”.
Boston Globe publishes "When the system to protect children itself abuses families”. (MAY 3, 2023)
MAY 30, 2023
MA Suffolk Superior Court Judge Katie C. Rayburn ruled that DCF violated a mother’s due process rights due to the lack of a “meaningful repeals process” with a DCF determination of ‘substantiated concern’ made regarding an allegation of neglect regarding her son.
- ‘Substantiated concern’ is a category created by DCF in 2015; until then, DCF investigators of abuse and neglect reports had two options for their conclusion: ‘supported’ or ‘unsupported’. ‘Substantiated concern’ offered a third option.
- Parents subject to ‘supported’ allegations can challenge the findings in a hearing; parents subjected to ‘substantiated concern’ did not have access to a hearing.
- "In 2020, over 50% (505 of 943) of the "supported" determinations by DCF were overturned following a fair hearing. ... Stated differently, more than half of the DCF's initial "supported" determinations were wrong. There is no obvious reason that the DCF's determinations of "substantiated concern" would be any more accurate than its "supported" determinations. As such, there is a great risk that DCF will make "substantiate concern" determinations which would be more likely than not to be overturned on a quasi-judicial appeal proceeding" (Judge Rayburn, p.9 of the Superior Court ruling).
Massachusetts General Hospital (MGH) publishes a study in Maternal and Child Health Journal (2023), “Prescribed and Penalized: The Detrimental Impact of Mandated Reporting for Prenatal Utilization of Medication for Opioid Use Disorder”. (MAY 31, 2023)
The MGH press release states, “The research by MGH investigators was prompted by Massachusetts legislators, who asked for data that demonstrates that the state’s current reporting policies are harmful to women and families”.
JUN 14, 2023
Boston Globe publishes, “Six years sober, she was still reported for child abuse for taking addiction medication. Is it time to change the rules?”
“You did all these things to change and here you are having to start over again to have someone trust and believe in you,” she said (parent). “They’re drowning women who are trying to do the right thing.”
JUN 29, 2023
Reveal, The Center for Investigative Reporting, publishes, “A mother’s worst nightmare. Federal law has put thousands of women on anti-addiction medication like Suboxone, into an impossible bind: give up your treatment or risk losing your child”.
JUL 11, 2023
Boston Globe publishes “Mass. has long collected federal benefits meant for children in its care. Some lawmakers want to change that”.
“It’s all happening in back offices behind children’s backs and without the knowledge of adults who care about them,” said Amy Harfeld, a lawyer and national policy director of the Children’s Advocacy Institute. “How does this pass constitutional muster, to charge disabled and orphaned foster kids for their care while paying for everyone else’s?” she said.
JUL 19, 2023
New England Public Media publishes, “They don’t know what their rights are: W. Mass project helps parents keep custody of their kids”.
The article states: “The premise is that poverty, not parenting, is behind many child removals — and that intensive family support can prevent them”.
"The MA Legislature needs to step in and provide the funding to make the approach taken by the Family Preservation Project available in every case”
AUG 7, 2023
GBH publishes “Former public safety secretary “shocked” by reports that DCF puts foster youth’s funds into state coffers”.
“I actually think that all of these kids are entitled to those benefits that they didn’t receive, no matter how old they are now,” she said (Andrea Cabral, former Public Safety Secretary). “It’s almost a difference between the letter of the law and the spirit of the law in terms of how the Social Security Administration intended for these benefits to go to these kids.”
AUG 11, 2023
Boston Globe publishes “State reaches $7 million settlement with four victims of foster parents who oversaw Oxford ‘House of Horrors”.
"The lawsuit accused DCF and more than a dozen workers of negligent supervision and violating the civil rights of children in its foster care system. The four former foster youth spent years in this foster home (between 1987 & 2004), and all four were adopted by the accused foster parents."
Thirteen years later, the MA State Auditor’s 2017 DCF Audit Report findings indicate:
- DCF does not identify and investigate all occurrences of serious bodily injury to children in its care;
- DCF does not report all critical incidences affecting children in its care to the OCA; and,
- DCF does not report incidences of abuse, neglect or sexual abuse of children in its care to the District Attorney.
AUG 23, 2023
Boston Globe Editorial Board publishes “Parents tagged by DCF policy should be allowed to appeal”.
The article states:
In 2016, DCF made a ‘substantiated concern’ finding against a father who asked that his name and details of the allegations be withheld to avoid reputational harm.
“With ‘substantiated concern,’ DCF awarded itself license to conduct a highly prejudicial, open-ended surveillance of my home and to nullify my right to challenge the decision,” the man told the Globe. When he asked for a fair hearing this month, DCF denied his request. “The Department’s policy regarding our ability to hear appeals for Substantiated Concerns went into effect on May 31, 2023, and is not retroactive,” staff from DCF’s Fair Hearing Unit wrote in a letter.
AUG 29, 2023
Boston Globe publishes, “DCF using apartments as short-term housing for foster children”.
The article states:
“Several other lawyers who work with children in the foster system said the state had created its own housing crisis by being too quick to remove children from their homes, rather than supporting struggling families.” “As of 2021, the state’s number of removals still exceeded the national average…..”.
"The Department of Children and Families described the apartments, located in Boston, New Bedford, and Springfield, as emergency resources used for youths with complex behavioral or medical needs who can be difficult to house elsewhere. DCF is working to develop more permanent solutions”, the department said. “At least one DCF social worker or social worker technician is on site when a child is in one of the units”, DCF said.
SEP 9, 2023
Boston Globe publishes, “After a domestic assault, many victims can find themselves blamed by Mass. child welfare”.
OCT 2, 2023
Commonwealth Beacon publishes “Open the doors to closed juvenile sessions. We can have transparency while also protecting confidentiality”
OCT 10, 2023
Boston Globe publishes “Legislators call for more oversight of Mass. child welfare system in a series of bills”.
NOV 2, 2023