OFFICE OF THE CHILD ADVOCATE

M.G.L. pt. Part I, tit. Title II, ch. c. 18C

in effect

M.G.L. c. 18C, § 1 Definitions

c. 18C, § 1. Definitions Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise: ''Advisory council'', the child advocate advisory council established in section 4. ''Child advocate'', the child advocate appointed under section 3. ''Critical incident'', (i) a fatality, near fatality or serious bodily or emotional injury of a child who is in the custody of or receiving services from an executive agency or a constituent agency; or (ii) circumstances which result in a reasonable belief that an executive agency or a constituent agency failed in its duty to protect a child and, as a result, the child was at imminent risk of, or suffered serious bodily or emotional injury or death. ''Department'', the department of children and families. ''Executive agency'', a state agency within the office of the governor, including the executive office of education, the executive office of public safety and security, executive office of health and human services, and their constituent agencies, the Massachusetts interagency council on housing and homelessness and the executive office of housing and livable communities. ''Office'', the office of the child advocate. ''Serious bodily or emotional injury'', an injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty or emotional distress.

M.G.L. c. 18C, § 2 Office of the child advocate; duties

c. 18C, § 2. Office of the child advocate; duties Section 2. There shall be an office of the child advocate which shall be independent of any supervision or control by any executive agency. The office shall: (a) ensure that children involved with an executive agency, in particular, children served by the child welfare or juvenile justice systems, receive timely, safe and effective services; (b) ensure that children placed in the care of the commonwealth or receiving services under the supervision of an executive agency in any public or private facility shall receive humane and dignified treatment at all times, with full respect for the child's personal dignity, right to privacy, and right to a free and appropriate education in accordance with state and federal law; (c) examine, on a system-wide basis, the care and services that executive agencies provide children; (d) advise the public and those at the highest levels of state government about how the commonwealth may improve its services to and for children and their families; and (e) impose temporary cost share agreements, as necessary pursuant to section 16R of chapter 6A to ensure children's timely access to services. The office shall act to investigate and ensure that the highest quality of services and supports are provided to safeguard the health, safety and well-being of all children receiving services. The office shall examine systemic issues related to the provision of services to children and provide recommendations to improve the quality of those services in order to give each child the opportunity to live a full and productive life.

M.G.L. c. 18C, § 3 Child advocate; appointment; vacancies; removal

c. 18C, § 3. Child advocate; appointment; vacancies; removal Section 3. The office of the child advocate shall be under the direction of the child advocate. The child advocate shall be the administrative head of the office and shall devote full-time to the duties of the office. The child advocate shall be appointed by a majority vote of the attorney general, the state auditor and the governor from a list of 3 nominees submitted by a nominating committee to recommend a child advocate. The nominating committee shall consist of: the secretary of health and human services; the commissioner of children and families; the commissioner of youth services; the commissioner of mental health; the executive director of the child abuse prevention board; a pediatrician experienced in treating victims of child abuse who shall be designated by the Massachusetts chapter of the American Academy of Pediatrics; a child psychiatrist who shall be designated by the Massachusetts Psychiatric Society, Inc.; a child psychologist who shall be designated by The Massachusetts Psychological Association, Inc.; a representative from the Massachusetts Association for Mental Health, Inc.; a representative of an organization that advocates on behalf of children at risk of abuse who shall be designated by the Children's League of Massachusetts, Inc.; an attorney experienced in care and protection cases who shall be designated by the Massachusetts Bar Association; a social worker who shall be designated by the Massachusetts chapter of the National Association of Social Workers, Inc.; a person with experience in the juvenile justice system who shall be designated by the chief justice of the juvenile court department and a representative of organized labor who shall be designated by the president of a collective bargaining unit that represents social workers. The work of the nominating committee shall be coordinated by the executive office of health and human services. Any person appointed to the position of child advocate shall be selected without regard to political affiliation and on the basis of integrity and demonstrated ability in child welfare, juvenile justice, auditing, law, management analysis, public administration and investigation or criminal justice administration. The child advocate may, subject to appropriation, appoint such other personnel as the child advocate deems necessary for the efficient management of the office. The child advocate shall serve for a term of 5 years. In case of a vacancy in the position of the child advocate, a successor shall be appointed in the same manner for the remainder of the unexpired term. No person shall be appointed as child advocate for more than 2 full terms. The child advocate may be removed from office for cause by a majority vote of the attorney general, the state auditor and the governor. Such cause may include substantial neglect of duty, gross misconduct or conviction of a crime. The cause for removal of the child advocate shall be stated in writing and shall be sent to the clerks of the senate and house of representatives and to the governor at the time of removal and shall be a public document.

M.G.L. c. 18C, § 4 Child advocate advisory board; duties and salary of child advocate

c. 18C, § 4. Child advocate advisory board; duties and salary of child advocate Section 4. There shall be a 25–member child advocate advisory council. The advisory council shall consist of the child advocate, who shall serve as chair, the secretary of health and human services, the secretary of public safety and security, the secretary of education, the commissioner of the department of criminal justice information services, the undersecretary of criminal justice from the executive office of public safety and security, the commissioner of early education and care, the commissioner of elementary and secondary education, the commissioner of mental health, the commissioner of developmental services, the commissioner of public health, the commissioner of children and families, the commissioner for the deaf and hard of hearing, the commissioner for the blind, the commissioner of transitional assistance, the commissioner of youth services, the deputy commissioner of the child support enforcement division within the department of revenue, the president of the Massachusetts District Attorneys Association, the commissioner of probation, the chief counsel of the committee for public counsel services, the chief justice of the superior court department, the chief justice of the juvenile court department, the chief justice of the probate and family court department, the executive director of the child abuse prevention board, and 3 persons appointed by the governor. The child advocate shall meet with the advisory council at least annually and shall present to the advisory council the annual goals of the office and its plans for monitoring the work, including the continuing quality improvement, of the child service agencies and the identification of any critical gaps and issues relating to interagency collaboration. The child advocate may consult with or request the assistance of members of the advisory council with respect to the duties and responsibilities of the office; provided however, that any request for assistance shall not place requirements on any member of the council to fulfill the request. The advisory council shall annually set the salary of the child advocate; provided, however, that such salary shall not exceed 90 per cent of the salary of the chief justice of the supreme judicial court.

M.G.L. c. 18C, § 5 Investigation of critical incidents; coordination with other agencies; complaints; review of program effectiveness; oversight

c. 18C, § 5. Investigation of critical incidents; coordination with other agencies; complaints; review of program effectiveness; oversight Section 5. (a) An executive agency shall inform the child advocate as soon as practicable when a critical incident has occurred. The child advocate may conduct an investigation of the critical incident or may review an executive agency's investigation of a critical incident. When the child advocate conducts his own investigation, he shall determine: (1) the factual circumstances surrounding the critical incident; (2) whether an agency's activities or services provided to a child and his family were adequate and appropriate and in accordance with agency polices and state and federal law; and (3) whether the agency's policies, regulations, training or delivery of services or state law can be improved. (b) Before investigating any critical incident, the child advocate shall determine whether an executive or law enforcement agency is already conducting an investigation. If a law enforcement agency is conducting an investigation, the child advocate shall, when appropriate, defer to that agency or may conduct his own investigation. The child advocate shall coordinate efforts to minimize the impact on the child, family or employees of the agency involved, unless he determines such coordination would impede his investigation. If an executive agency is conducting an investigation, the child advocate may defer to that investigation or may conduct his own investigation. The child advocate may coordinate efforts to minimize the impact on the child, family or employees of the agency involved. In every instance, the child advocate shall notify the head of the relevant agency of his involvement before beginning any investigation. (c) The child advocate shall receive complaints relative to the provision of services to children by an executive agency and shall review and monitor the complaints that reasonably cause him to believe that a child may be in need of assistance and to ensure that the complaint is resolved. If the complaint is not resolved by the relevant executive agency within a reasonable period of time in light of the circumstances, if the resolution is determined to be unsatisfactory to the child advocate, or if the complaint reasonably causes the child advocate to believe that a child may be in need of immediate assistance, the child advocate may conduct an investigation and upon completion of the investigation, the child advocate may provide relevant information in the form of a report to any relevant agencies and request a meeting, if necessary, to review the investigation and accompanying report. (d) The child advocate shall receive complaints from children, including children in the care of the commonwealth, families and guardians and shall assist such persons in resolving problems and concerns associated with placement, access to behavioral health services, plans for life-long adult connections and independent living and decisions regarding custody of persons aged between 18 and 22, including ensuring that relevant executive agencies have been alerted to the complaint and facilitating inter-agency cooperation, if appropriate. For the purposes of this section, the office shall develop procedures to ensure appropriate responses to the concerns of youth in foster care. (e) The child advocate shall periodically review, report and make recommendations, as appropriate, with respect to system-wide improvements that may increase the effectiveness of the care and services provided to children and their families and suggested legislative and regulatory changes including, but not limited to, a review of the programs and procedures established by the department to provide and administer a comprehensive child welfare program under section 2 of chapter 18B. (f) The child advocate shall perform oversight functions to ensure that agencies serving children are fulfilling their obligations in the most effective and efficient manner. (g) The child advocate shall undertake activities designed to educate the public regarding the services of the office and of the mission of the executive agencies in providing services to children and families. (h) The child advocate shall be authorized to apply for, and accept on behalf of the commonwealth, federal, local or private grants, bequests, gifts or contributions for the purpose of carrying out the functions of the office.

M.G.L. c. 18C, § 6 Access to facilities and records; release of information

c. 18C, § 6. Access to facilities and records; release of information Section 6. The child advocate or his designee shall have access at any and all reasonable times to any facility, residence, program, or portion thereof, that is operated, licensed or funded by an executive agency, and shall have unrestricted access to all electronic information systems records, reports, materials and employees in order to better understand the needs of children in the custody of the commonwealth or who are receiving services from an executive agency. The child advocate shall have access to relevant records held by the clerk of the juvenile court and the clerk of the probate and family court, including the right to inspect and copy, without cost. The child advocate shall be bound by any limitations on the use or release of information imposed by law upon the party furnishing such information, except as provided in subsection (e) of section 12.

M.G.L. c. 18C, § 7 Witnesses; documents; subpoenas

c. 18C, § 7. Witnesses; documents; subpoenas Section 7. The child advocate may request the attendance and testimony of witnesses and the production of documents, papers, books, records, reports, reviews, recommendations, correspondence, data and other evidence that the child advocate reasonably believes is relevant. If a request is denied, the child advocate shall have the power to issue a subpoena for witnesses and the production of documents and any other data and evidence that the child advocate reasonably believes is relevant. If any person to whom a subpoena is issued fails to appear or, having appeared, refuses to give testimony or fails to produce the evidence required, the child advocate may apply to the Suffolk county superior court to issue an order to compel the testimony and production of documents of any such witnesses. A failure to obey the order may be punished as contempt. The district attorney may seek injunctive relief in Suffolk county superior court to defer a subpoena issued by the child advocate.

M.G.L. c. 18C, § 8 Discrimination or retaliation; penalties

c. 18C, § 8. Discrimination or retaliation; penalties Section 8. No discriminatory or retaliatory action shall be taken against any person who communicates with or provides information to the office. Any person who knowingly or willfully discriminates or retaliates against such a person shall be liable to such person for treble damages, costs and attorney's fees.

M.G.L. c. 18C, § 9 Procedures for performance of duties; rules and regulations

c. 18C, § 9. Procedures for performance of duties; rules and regulations Section 9. The child advocate shall develop internal procedures appropriate for the effective performance of his duties. The child advocate may, subject to chapter 30A, adopt, amend or repeal such rules and regulations as are deemed necessary to carry out the functions of the office.

M.G.L. c. 18C, § 10 Annual report

c. 18C, § 10. Annual report Section 10. The child advocate shall report annually to the governor, the president of the senate, the speaker of the house, the senate and the house committees on ways and means, and the chairs of the joint committee on children, families and persons with disabilities on the activities of the office, including an analysis of the delivery of service to children, activities undertaken to implement subsection (d) of section 5, recommendations for changes in agency procedures which would enable the commonwealth to better provide services to and for children and their families and priorities for implementation of those changes to services. The report shall be made public.

M.G.L. c. 18C, § 10A Annual reporting of recommendations for decreasing and eliminating number of children and adolescents awaiting clinically-appropriate behavioral health services

c. 18C, § 10A. Annual reporting of recommendations for decreasing and eliminating number of children and adolescents awaiting clinically-appropriate behavioral health services Section 10A. Annually, not later than April 1, the child advocate shall file a report making recommendations for decreasing and eliminating the number of children and adolescents awaiting clinically-appropriate behavioral health services. The report shall include a review of the data included on the online portal established pursuant to section 16P of chapter 6A and the report submitted to the child advocate in accordance with subsection (f) of said section 16P of said chapter 6A. The child advocate's report shall be submitted to the governor, the children's behavioral health advisory committee established in section 16Q of said chapter 6A, the clerks of the senate and the house of representatives, the joint committee on health care financing, the joint committee on mental health, substance use and recovery, the joint committee on children, families and persons with disabilities and the senate and house committees on ways and means.

M.G.L. c. 18C, § 11 Examination of systemwide responses to child abuse and neglect

c. 18C, § 11. Examination of systemwide responses to child abuse and neglect Section 11. The child advocate, in consultation with the advisory council, may from time to time, examine systemwide responses to child abuse and neglect, including related mental health, substance use and domestic violence issues, and shall file a report on any such examination with the governor, the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on children, families and persons with disabilities. The child advocate's examination may include, without limitation, racial disproportionality and disparity, truancy and runaways, mandated reporting, screening of child abuse and neglect reports, social worker qualifications and caseloads, law enforcement involvement, health service needs, including behavioral health needs, of children at risk, criminal offender record information reviews, administrative and cost requirements, federal funding for child welfare purposes and the effectiveness of child abuse laws. The child advocate may seek advice broadly from individuals with expertise in child welfare in preparing a report under this section.

M.G.L. c. 18C, § 12 Information and records; confidentiality; subpoena and discovery; public disclosure; investigation of critical incidents

c. 18C, § 12. Information and records; confidentiality; subpoena and discovery; public disclosure; investigation of critical incidents Section 12. The following provisions apply to information and records obtained, reviewed or maintained by the child advocate: (a) Notwithstanding chapter 66A, section 70 of chapter 111, section 11 of chapter 111B, section 18 of chapter 111E, sections 51E and 51F of chapter 119, chapter 112, chapter 123, or sections 20B, 20J, or 20K of chapter 233 to the contrary, the disclosure of information to the office of the child advocate pursuant to this chapter shall not be prohibited. Any information considered to be confidential under the aforementioned sections shall be submitted for the child advocate's review upon the determination of the child advocate that the review of said information is necessary. The child advocate shall ensure that no information submitted for his review is disseminated to parties outside the office, except when disclosure may be necessary to enable the child advocate to perform the child advocate's duties. Under no circumstances shall the child advocate or any employee of the office violate the confidentiality provisions set forth in the aforementioned statutes, except as authorized under subsection (e). (b) Any and all information and records acquired by the child advocate in the exercise of the office's purpose and duties under this chapter shall be confidential and exempt from disclosure under chapter 66 and clause Twenty-sixth of section 7 of chapter 4. (c) Information, documents and records of the child advocate and his office shall not be subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding; provided, however, that information, documents and records otherwise available from any other source shall not be immune from subpoena, discovery or introduction into evidence through these sources solely because they were presented during the child advocate's investigation or maintained by the office of the child advocate. (d) Statistical compilations of data which do not contain any information that would permit the identification of any person may be disclosed to the public. (e) The restrictions of this section shall not preclude the child advocate from sharing with the governor, the attorney general, a district attorney, a secretary, an agency commissioner or other agency personnel, or the chairs of the joint committee on children, families and persons with disabilities, the report of, or the results of, a critical incident investigation involving that agency. Any executive or legislative branch employees who receive or read such a document shall be bound by the confidentiality requirements of this section.

M.G.L. c. 18C, § 13 Personal liability for civil damages

c. 18C, § 13. Personal liability for civil damages Section 13. No person employed by or contracted by or volunteering for the office shall be subject to suit directly, derivatively or by way of contribution or indemnification for any civil damages under the laws of the commonwealth resulting from any act or omission performed during or in connection with the discharge of his duties within the scope of his employment or appointment, unless such act or failure to act was committed with gross negligence, maliciously, or in bad faith.

M.G.L. c. 18C, § 14 Childhood trauma task force

c. 18C, § 14. Childhood trauma task force Section 14. The office shall convene a childhood trauma task force made up of members of the juvenile justice policy and data board established pursuant to section 89 of chapter 119 to study, report and make recommendations on gender responsive and trauma-informed approaches to treatment services for juveniles and youthful offenders in the juvenile justice system. Said task force shall review the current means of (i) identifying school-aged children who have experienced trauma, particularly undiagnosed trauma, and (ii) providing services to help children recover from the psychological damage caused by such exposure to violence, crime or maltreatment. The task force shall consider the feasibility of providing school-based trainings on early, trauma-focused interventions, trauma-informed screenings and assessments, and the recognition of reactions to victimization, as well as the necessity for diagnostic tools. A priority shall be placed on juvenile or youthful offender's pathways into the juvenile justice system with the goal of reducing the likelihood of recidivism by addressing the unique issues associated with juvenile or youthful offenders including emotional abuse, physical abuse, sexual abuse, emotional neglect, physical neglect, family violence, household substance abuse, household mental illness, parental absence, and household member incarceration. The childhood trauma task force shall annually report its findings and recommendations by December 31 to the governor, the house and senate chairs of the joint committee on the judiciary, the house and senate chairs of the joint committee on public safety and homeland security and the chief justice of the trial court.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter18CFetched: 10/20/2026