Boston, Massachusetts — Massachusetts has taken leadership of the state’s child fatality reviews away from the Department of Children and Families under a child welfare law Gov. Maura Healey signed, her office announced Aug. 7, 2026. The law hands that role to the Office of the Child Advocate and the Department of Public Health and writes a Foster Child Bill of Rights into state law.
The measure, H.5629, titled An Act enhancing child welfare protections, passed both chambers of the Legislature at the end of July after the Senate approved its version 39-0 in June.
What the law changes
According to the Legislature’s summary, the law moves leadership of the state’s Child Fatality Review away from DCF to co-chairs from the Office of the Child Advocate and the Department of Public Health, adds the Department of Early Education and Care as a member and puts local review teams in statute.
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The governor’s office said the law expands the authority and independence of the Office of the Child Advocate, broadens its oversight of critical incidents and authorizes it to conduct systemwide reviews. The Legislature’s summary says the office will be able to examine systemic disproportionality and conduct systemwide reviews of DCF.
Other provisions include:
- A Foster Child Bill of Rights covering children and young adults in DCF care, including rights to safety, privacy, health care, education, contact with family and siblings, access to their records and a voice in case planning and court proceedings.
- A requirement that DCF notify a child’s attorney about placement changes, hospitalizations, abuse or neglect reports, arrests and significant school discipline.
- Limits on Child Requiring Assistance court cases to children ages 12 to 18 who are not in DCF or Department of Youth Services custody, with most parent- or school-filed cases first routed to a Family Resource Center.
- New DCF reporting requirements, including an annual report, quarterly profile reports, a fair hearing report, a foster care review report and a transition-aged youth report, plus a five-year strategic plan with measurable goals by region.
- A rule that abuse and harassment prevention orders issued for a child no longer expire automatically at 18.
Why oversight was the issue
Before the law, DCF led the state’s child fatality review. Lawmakers pointed to the Child Advocate’s independence as a central change.
ensuring their true independence in oversight of the child welfare system is a necessary change
Rep. Tricia Farley-Bouvier, in the governor’s announcement
Under the law, notices to a child’s attorney about placement moves, hospitalizations and new abuse reports are to be sent automatically through DCF’s attorney portal, according to the governor’s office.
What’s next
The law requires DCF to produce a five-year strategic plan and to publish its required reports, which may be posted as online dashboards on Mass.gov. The Office of the Child Advocate will also be responsible for public resources for families after a sudden unexplained pediatric death. The governor’s office did not list effective dates for individual provisions in its announcement.
The law is a recognition, written into statute, that an agency should not be the lead reviewer of deaths in its own caseload, and that children in custody need enforceable rights rather than promises. Whether it changes outcomes will depend on whether the Child Advocate uses its new independence to make findings public and whether families can hold DCF to the Bill of Rights when it falls short. Parents navigating a DCF case can find more in FAN’s guide to parents’ rights in CPS cases.
Key facts
- Law: An Act enhancing child welfare protections (H.5629), signed by Gov. Maura Healey, announced Aug. 7, 2026
- Child fatality review leadership moves from DCF to the Office of the Child Advocate and the Department of Public Health
- The Office of the Child Advocate gains authority for systemwide reviews and broader critical incident oversight
- Creates a Foster Child Bill of Rights for children and young adults in DCF care
- DCF must notify a child’s attorney of placement changes, hospitalizations, abuse reports and arrests
- The Senate passed its version 39-0 in June 2026
Sources
- Office of Gov. Maura Healey — Governor Healey Signs Landmark Child Welfare Reform Legislation (2026-08-07)
- Massachusetts Legislature — Legislature Passes Bill to Enhance Child Welfare Protections (2026-07-31)
- Massachusetts Senate — Senate Passes Landmark Child Welfare Bill to Protect Foster Youth, Strengthen Oversight (2026-06-11)
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