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Bill

S 133

Tort Reform

2025-2026 Regular Session Introduced by Josh Kimbrell

Creates a statewide and local Child Fatality Review system to study child deaths and near fatalities, issue findings, and drive policy and practice changes to prevent future harm.

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Bill Summary · S 133

Summary — S.133 (2025): An Act Relative to Child Fatality Review

Note on scope: Although an alternate title appears in the header, the bill text for Senate No. 133 (filed Jan. 15–16, 2025) is a Massachusetts state bill titled “An Act relative to child fatality review.” This summary reflects the actual bill text provided.

Purpose

Establish a coordinated, statewide system of review teams to study child fatalities and “near fatalities,” identify preventable causes, and recommend law, policy, practice, training, and system changes to reduce child deaths and serious injuries.

Key definitions

  • Child: person under age 18.
  • Fatality: the death of a child.
  • Near fatality: an act that, as certified by a physician, places a child in serious or critical condition.
  • Office: the Office of the Child Advocate.
  • State team / Local team: the review bodies created by the bill.

Major provisions

  • Creation of a State Child Fatality Review Team (within the Office of the Child Advocate)

    • Membership (minimum list): child advocate (or designee, co-chair), commissioner of public health (or designee, co-chair), chief medical examiner, attorney general (or designee), commissioners of children and families, elementary & secondary education, mental health, developmental services, youth services, early education & care; colonel of state police; representative of the Massachusetts District Attorneys Association; director (or designee) of the Massachusetts Center for Unexpected Infant and Child Death; a pediatrician experienced in child abuse/neglect (selected by MA chapter of AAP); representative of the Massachusetts Health & Hospital Association; president (or designee) of the Massachusetts Chiefs of Police Association; and others with relevant expertise as selected by co-chairs or majority vote.
    • Members serve without compensation.
    • Members are subject to criminal offender record checks conducted by the colonel of state police.
    • Duties include developing model investigative/data collection protocols, providing training and materials to local teams and law enforcement, reviewing local team reports, studying incidence/causes, analyzing agency involvement, establishing rules for operation, and issuing annual written reports (subject to confidentiality restrictions) with findings and recommendations to the governor, legislature, and public.

  • Creation of Local Child Fatality Review Teams (one per judicial district)

    • Membership (minimum list): district attorney (chair), chief medical examiner (or designee), commissioner of children and families (or designee), a pediatrician experienced in child abuse/neglect (appointed by the state team), local police officer from municipality where death/near-death occurred (appointed by municipal chief of police), a state law enforcement officer (appointed by colonel), director/designee of the Massachusetts Center for Unexpected Infant and Child Death, at least one representative from the Department of Public Health and one from the Office of the Child Advocate, and other ad hoc participants as needed.
    • Members serve without compensation.
    • Members are subject to criminal offender record checks conducted by the district attorney.
    • Local team purposes/duties include coordinating information collection, promoting agency cooperation, understanding local causes/incidence, advising the state team, implementing state-developed protocols, and reviewing individual fatalities/near fatalities (subject to district attorney approval).

  • Confidentiality and data handling

    • The bill repeatedly emphasizes confidentiality for reports and data; annual reports are to be subject to confidentiality restrictions (text truncated beyond this point — see notes).

Who is affected

  • State and local agencies: Office of the Child Advocate, DAs, police, Department of Public Health, Department of Children & Families, medical examiner, education, health care providers and hospitals, youth and mental health agencies.
  • Families of deceased or critically injured children (subject to confidentiality protections).
  • Local communities and policymakers — through recommendations and reports aiming to prevent future fatalities.

Procedural & timeline notes (from docket)

  • Introduced: Jan. 15–16, 2025 (Senate No. 133), sponsored/presented by Senator Adam Gómez (Hampden).
  • Referred to committees: listed actions include Homeland Security & Governmental Affairs; Children, Families and Persons with Disabilities; and entries noting “REFERRED TO INSURANCE” (the docket contains duplicated / inconsistent committee referrals).
  • Hearing(s) scheduled: May 13, 2025 (A-1, 1:00–5:00 PM).
  • Subsequent drafting: entries reference accompanying new draft S2659 (Oct–Nov 2025).
  • Related legislation: SD 1123, A 7786, S 5183, S 3079, S 88, companion A 1067 (prior sessions noted).

Notes and caveats

  • The provided text was truncated in the middle of section (c); additional operational details, confidentiality rules, data-sharing procedures, immunity, subpoena authority, record retention, or reporting timelines may appear in the remainder of the bill or in subsequent drafts (e.g., S2659).
  • Sponsor list and some docket entries in the supplied materials appear inconsistent or from other jurisdictions — primary sponsor per the bill text is Adam Gómez (Massachusetts). Users should consult the official legislative website for the complete, current bill text and status.

If you want, I can compare this version to the later draft S2659 (if you provide it) or extract a checklist of actions agencies would need to take to implement the bill.

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

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