Foster Child Bill of Rights
Understanding the new law, which went into effect on November 5, 2026
The Foster Child Bill of Rights is new law designed to create one place for youth and advocates to go to understand youth rights when in Department of Children and Families (DCF) custody.
The Foster Child Bill of Rights does not include ALL rights of children and young adults, and it does not change rights that appear in other laws. For more information or to view all text of the law (G.L. c. 119, § 23E), go to mass.gov.
The content on this page is not legal advice. If you have questions about your particular circumstances or case, please ask your lawyer.
What’s covered by the Foster Child Bill of Rights?
Remedies
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Health Care and Accessibility
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Safety and Security
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Education, Employment, and Social Connections
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Connections to Family, Community, and Identity
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Resources and Supports
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Transition Age Youth
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Safety and Security
Any child in the custody or care of the Department of Children and Families has the following rights to safety and security:
Safety and Security
Any child in the custody or care of the Department of Children and Families has the following rights to safety and security:
Right to be treated with dignity, respect, and consideration
Right to privacy
Right not to be harmed, harassed, or discriminated against
Right to safely access personal space, possessions, and privacy
Right to control the taking, use and disclosure of photos of themselves*
Right to access healthy food, clothing, personal care items (clothes, food, hygiene, self-care for hair and body, as well as items related to religious, cultural, and gender identity)
Right to placement in safe and nurturing environment and to receive appropriate treatment to meet child’s needs and address trauma history.
Right to NOT be placed in secure DYS facility because there is no foster placement**
Right to information and prior notice of any change in placement, whenever possible
Right to know about and meet foster family or program staff before placement, when possible
Right to bring essential belongings and comfort items when moving to a new placement
*within reasonable limitations for the safety of the child**the dept. shall not advocate for bail of any child in its careConnections to Family, Community, and Identity
Any child in the custody or care of the Department of Children and Families has the following rights to connections to family, community, and identity:
Right to know, understand, and learn about child’s identity, including race, culture, language, gender, religion, and/or ethnicity. This includes:
clothing, hair, other cultural expressions, and
a placement that will provide or maintain the child’s identities
Right to preserve and maintain the child’s language(s) and to reside in placement that facilitates language access
Right to placement that supports and affirms their identity, including:
religion, race, color, creed, gender, gender identity, gender expression, sexual orientation, national origin, age, disability, culture, language, or ethnicity
Right to decide to whom they will disclose gender identity and sexual orientation, and right to privacy in regards to this information (except where provided by law or court order)
Right to timely permanancy
Right to be placed with relatives and kin, when they can’t safely live with a parent
Right to placement with sibling(s), when possible
Right to frequent and meaningful sibling visits
Right to family visits that meet the needs of the child and promotes connection with their family - includes appropriate length and duration of family time for the child*
Right to access safe and appropriate forms of contact with family - mail, phone calls, email, texts, Facetime. Placements shall facilitate this contact if appropriate and not harmful.
Right to assistance maintaining positive relationships with extended family members, friends, teachers,
Right to participate in foster family, as an equal family member - includes holidays and family activities
Health Care and Accessibility
Any child in the custody or care of the Department of Children and Families has the following rights to connections to health care and accessibility:
Right to access appropriate, timely and gender-affirming medical, reproductive, dental, vision, mental and behavioral health services regularly and more often as needed.
Right to discuss any concerns relating to medical treatment with a healthcare provider and to understand the treatment, its purposes and side effects in a developmentally appropriate way.
Right to out-of-home placements with reasonable accommodations for any disability.
Right to timely and private provision of accommodations.
Right to discuss disabilities with DCF and request adaptive equipment, aids, or services
Education, Employment, and Social Connections
Any child in the custody or care of the Department of Children and Families has the following rights to education, employment, and social connections:
Right to attend school regularly with appropriate supports
Right to remain at your school, unless otherwise deemed not in their best interest to do so
Right to participate in developmentally appropriate school, extracurricular, enrichment, religious, cultural, linguistic, ethnic, and social activities
Right to age-appropriate milestones – obtaining a driver’s license, opening bank accounts, birthday celebrations, religious ceremonies, graduations
Right to be informed and supported in accessing all available DCF support services
Right to developmentally appropriate education on financial preparedness, job readiness, appropriate use of social media, education options, healthy relationships, physical, mental, sexual and reproductive health
Resources and Supports
Any child in the custody or care of the Department of Children and Families has the following rights to resources and supports:
Right to reasonable access to DCF worker, including contact information and monthly visits.
Right to speak privately with worker
Right to an emergency contact number
Right to participate in developing and reviewing action plans, family and visitation plans, Individualized Education Plan, and best interest determination, in a developmentally appropriate manner*
Right to be informed about all documents child is being requested to sign
Right to have an attorney present for signing of documents (except in emergency situations)
Right to be informed as to DCF’s involvement in family and why the child is in DCF custody
Right to access individual case files when child turns 18**
Right to participate in key meetings and court hearings - foster care reviews, permanency hearings, and agency team meetings*** (14 and older)
Right to notice of all court hearings by their attorney
Right to be told about the court’s decisions
Right to attend annual permancy hearings and speak to the judge regarding any decision that will impact their life (attorney’s duty)
Right to access all medical, educational, and other documents and personal records held by DCF
Right to copies of all records, and all original documents, when leaving DCF custody
Right to change name and/or gender and have the changes updated on all legal documents
Right to obtain state ID for all eligible children, with the aid of DCF
Right to an attorney, to contact information for that attorney, and to information regarding how to contact the attorney and how to file a complaint and request change of attorney
Right to know whether DCF applied for Social Security benefits, and if DCF applied to be the representative payee.
The benefits must be kept for the child’s use once they turn 18 years old, and the benefits can’t be used to pay for foster care.
*children aged 14 and older will be presented with action plan to review, provide written feedback, and sign**barring state or federal law prohibiting release of info***except those that contain legally protected and confidential informationTransition Age Youth
Any transition age youth in the custody or care of the Department of Children and Families has the following rights:
Right to collaborate with DCF to plan for the transition from foster care to adulthood, including but not limited to:
planning for visits or contact with parents and siblings
building relationships with other caring adults
making an education plan including post-secondary education
finding vocational, employment and career counseling and placement
securing stable housing
developing expertise in daily living skills
maintaining physical, reproductive, and mental health care and health insurance
learning how to access community resources and public benefits and services
connecting with other state agencies
developing financial skills including, but not limited to, understanding budgeting and money management as well as checking and savings accounts
receiving, understanding and correcting, if applicable, the child’s consumer credit report
Right to sign on with DCF and to continue services until 22*
Right to be offered Voluntary Placement Agreement the month before you turn 18
Right to participate in writing that Voluntary Placement Agreement
Right to begin transition planning at least 1 year prior to turning 18, regardless of whether they will sign on with DCF
including access to options for resources meeting basic needs, such as: housing, education, and vocational supports
Right to engage and re-engage with DCF under a Voluntary Placement Agreement at any time for any reason, if young adult chooses to remain under responsibility of DCF
Right to be housed and provided assistance with securing all DCF-identified, appropriate housing opportunities
*until the age of 23 if completing an educational programRemedies
Any child in the custody or care of the Department of Children and Families has the following rights to remedies:
Right to collaborate with DCF to plan for the transition from foster care to adulthood, including but not limited to:
planning for visits or contact with parents and siblings
building relationships with other caring adults
making an education plan including post-secondary education
finding vocational, employment and career counseling and placement
securing stable housing
developing expertise in daily living skills
maintaining physical, reproductive, and mental health care and health insurance
learning how to access community resources and public benefits and services
connecting with other state agencies
developing financial skills including, but not limited to, understanding budgeting and money management as well as checking and savings accounts
receiving, understanding and correcting, if applicable, the child’s consumer credit report
Right to sign on with DCF and to continue services until 22*
Right to be offered Voluntary Placement Agreement the month before you turn 18
Right to participate in writing that Voluntary Placement Agreement
Right to begin transition planning at least 1 year prior to turning 18, regardless of whether they will sign on with DCF
including access to options for resources meeting basic needs, such as: housing, education, and vocational supports
Right to engage and re-engage with DCF under a Voluntary Placement Agreement at any time for any reason, if young adult chooses to remain under responsibility of DCF
Right to be housed and provided assistance with securing all DCF-identified, appropriate housing opportunities
*until the age of 23 if completing an educational program