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Bill

S 111

Failure to Stop

2025-2026 Regular Session Introduced by Thomas Alexander and 2 co-sponsors

Provides standardized emergency behavioral health response for children in congregate care, with DMH involvement and reduced law enforcement referrals.

Committee report: Favorable with amendment Judiciary
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Bill Summary · S 111

Summary — S.111 (filed 1/16/2025)

Title shown in text: "An Act ensuring access to behavioral health services for children involved with state agencies"

Note: The bill file and text provided are for a Massachusetts Senate bill presented by Senator Brendan P. Crighton and concern behavioral health access and emergency response in congregate care for children. Some metadata in the submission (sponsors, prior actions, and an unrelated inserted "Introduced Version" about maternity care) appears to be from other bills and is inconsistent with the text. This summary focuses on the text of S.111 as filed 1/16/2025.

Purpose / Intent

To improve access to behavioral health services for children in state care, to create standardized emergency response practices for congregate care settings, to limit unnecessary referrals to law enforcement, and to ensure continuity of placement and care following medical or behavioral health-related absences.

Key provisions

  • Amendment to chapter 19, §21:

    • Allows the Department of Mental Health (DMH), pursuant to agreements, to assume responsibility for individuals requiring specialized mental health services (explicitly including inpatient services, community-based acute treatment, intensive community-based acute treatment, mobile crisis intervention, intensive residential treatment programs, youth crisis stabilization).
    • DMH may also assume responsibility for provision of other non-mental-health services to the Department of Developmental Services (DDS) under such agreements.

  • New subsections added to chapter 119, §33C:

    • Requires the Department (DCF) — in consultation with DPH and DMH — to develop a model emergency response plan for congregate care settings that integrates medical and behavioral health crisis response.
    • Model plan must: define staff roles; include protocols to access mobile crisis, youth crisis stabilization, and community-based mental health providers; require behavioral-health training for staff (de-escalation, trauma-informed care, culturally/linguistically congruent care, suicide prevention, peer support); and limit referrals to law enforcement to imminent-risk situations.
    • The model plan must be publicly posted, updated biennially, and technical assistance provided. Congregate care programs under contract must implement/adapt the plan and review it biennially.

  • Readmission, bed-hold, and continuity rules:

    • Presumption that a child on medical or non-medical leave (including emergency department visits or inpatient behavioral health stays) will be readmitted to their congregate care program if the program remains appropriate.
    • DCF shall reimburse the congregate care program at the prevailing reimbursement rate to hold a child's bed for each day of hospitalization or other leave.
    • Congregate care programs may not refuse readmission if the child is medically/psychiatrically stable and discharge to the program is appropriate. Denials are allowed only when needs exceed program capacity; such denials must be reported to DCF (per §33D), documented in writing with justification, and the program must participate in the emergency team process. DCF coordinates care.

  • New section (33D — truncated in provided text):

    • Requires DCF to collect data on instances when congregate care programs deny readmission after a leave for medical or behavioral health reasons and to receive reports from programs on denials. (Full provisions of §33D are truncated in the provided text.)

Who is affected

  • Primary: children in the custody/care of the Department of Children and Families (DCF) placed in congregate care settings.
  • Providers: congregate care programs contracted to provide foster care; hospitals; community behavioral health providers; DMH and DPH; Department of Developmental Services where applicable.
  • Systemic: DMH and DCF responsibilities and budgets (reimbursement for bed-holds; coordination obligations); potential decreased interactions with law enforcement for behavioral health crises.

Procedural / Timeline notes

  • Filed 1/16/2025 by Sen. Brendan P. Crighton.
  • Status on the provided cover: REFERRED TO CODES. (Committee referrals and other listed legislative actions in the supplied file include inconsistent entries from other jurisdictions/ bills — verify current committee assignments and status with the Senate docket.)

Potential impacts and considerations

  • Likely to increase continuity of placement and access to behavioral health crisis services for children in state care.
  • May reduce use of law enforcement in congregate care crisis responses, emphasizing clinical crisis alternatives.
  • Could impose new administrative/reporting duties on congregate care providers and DCF, and financial obligations for bed-hold reimbursements.
  • Requires interagency coordination (DMH, DPH, DCF, DDS) and investment in staff behavioral-health training.

For final legislative analysis or implementation estimates, review the complete enacted text (including the full §33D) and fiscal notes from the relevant committees and agencies.

Compiled from official sources — confirm details with the bill’s official record.

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