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S 109

Primaries

2025-2026 Regular Session Introduced by Rex Rice and 1 co-sponsor

Requires 4-hour court review for emergency child custody removals without order, with sworn affidavits and quarterly public reporting to reduce trauma to children and families.

Referred to Committee on Judiciary
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Bill Summary · S 109

Summary — S.109 (2025): "An Act minimizing trauma to children and families"

Note: The bill text submitted under S.109 (presented by Sen. Cynthia Stone Creem) concerns procedures for emergency child protective custody and related reporting. Some metadata provided (title “Prohibits persons convicted of murder…”, federal-style sponsor list) appears inconsistent with the bill text. This summary treats the bill text as authoritative.

Purpose / Intent

To reduce trauma to children and families by tightening procedures and oversight when the Department (the child‑protective department under Chapter 18B/119) takes temporary custody of a child without first obtaining a court order. The bill seeks faster judicial review of emergency removals, clearer out‑of‑hours authorization procedures, and public reporting of such removals.

Key provisions

  • New quarterly public report (Chapter 18B, new §26):

    • The Department must report each quarter the number of cases in which it took custody under G.L. c.119, §51B without first obtaining a court order under §§24 or 24A.
    • Report must include: number of such cases, total children taken into custody, median time between taking custody and requesting court approval, and count of cases where it took more than four hours to request court approval.
    • Data must be broken down by area office and posted on the Department’s website consistent with G.L. c.66, §19.

  • New out‑of‑hours court authorization procedure (G.L. c.119, new §24A):

    • When the juvenile court is closed, a justice authorized under G.L. c.211B, §9(vi)(B) may grant the relief allowed under the third paragraph of §24.
    • Such orders may be communicated by telephone to a Department agent; the agent must record the order on a court form and deliver a copy to the clerk‑magistrate on the next court day.
    • If relief was granted without a written petition, the Department must file the petition when court reopens and the matter proceeds under §24.
    • The issuing court’s clerk‑magistrate/register must certify the order/documentation to the venue court no later than the next business day.
    • The trial court must promulgate rules for these procedures; all proceedings must be recorded.

  • Changes to G.L. c.119, §51B (emergency temporary custody standard and timeline):

    • Clarifies that the Department may take immediate temporary custody without prior court order only if (i) there is reasonable cause to believe the child is suffering or in immediate danger of serious abuse or neglect, and (ii) immediate removal is necessary to protect the child from serious and imminent physical harm.
    • If the Department takes custody under this standard, it must obtain judicial approval within four hours from the juvenile court or, if closed, from the justice described above.
    • Department employees who made the reasonable‑cause determination must provide a sworn affidavit to the court (or give sworn telephone testimony and file the affidavit when court reopens). The matter then proceeds under §§24/24A.
    • The bill strikes subsection (e) of §51B (removal of existing text; effect depends on the content of the current subsection).

Who is affected

  • Department employees (caseworkers/agents) — new documentation, affidavit, and timing requirements.
  • Children and families subject to emergency protective custody — faster judicial review and public reporting may limit prolonged unapproved removals.
  • Juvenile court justices, clerk‑magistrates, and the Trial Court — new out‑of‑hours procedures, certification duties, and rulemaking responsibilities.

Procedural/timeline aspects & status

  • Introduced: Jan 8 / Jan 16, 2025 (filed/presented by Sen. Cynthia Stone Creem).
  • Status entries show referrals and requests for Attorney General opinion, and “OPINION REFERRED TO JUDICIARY.” A hearing was scheduled for 07/08/2025 (01:00–05:00 PM) in A‑1.
  • If enacted, the Department must begin quarterly reporting and comply immediately with the four‑hour approval timeline and new out‑of‑hours procedures.

Notes and considerations

  • The bill increases transparency and imposes a strict four‑hour deadline for judicial approval of emergency removals, which may require operational changes (on‑call judicial coverage, rapid affidavit preparation, recording/filing processes).
  • The precise effect of striking §51B(e) is not described here because that subsection’s current text was not included; stakeholders should review existing §51B(e) to assess impacts.

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

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