Healey-Driscoll Administration Proposes Comprehensive Updates
to Residential Program Regulations for First Time in 30 Years
to Improve Support for Children and Staff
Regulation changes focus on building a stable, skilled workforce and enhancing child safety
BOSTON – The Healey-Driscoll Administration today proposed changes that represent the first comprehensive update to the Department of Early Education and Care’s (EEC) licensing regulations governing residential programs for children since 1995. These changes promote a stronger workforce through improved requirements on staff professional development, including on trauma-informed and responsive care, working with LGBTQ+ populations, sexual abuse and grooming, cultural responsiveness, and missing or absent children.
The proposed regulation changes also improve child safety through new policies regarding the use of surveillance cameras, align with the Department of Elementary and Secondary Education’s updated regulations on seclusion practices, and require more comprehensive treatment plans that consider a child’s long-term goals, trauma history, culture or religion, LGBTQ+ identity, and behavior needs. Further, residential programs will be required to share more information with their boards, such as EEC licensing reviews and investigations to improve accountability and transparency.
Residential programs provide care and housing for children up to age 18, or 22 for certain children living with disabilities, in a group care setting outside of their family home. Many of the children residing at these programs have complex behavioral health and or social-emotional needs or are otherwise in need of additional complex support.
“I want to thank Commissioner Kershaw and her entire team at EEC for their dedicated, collaborative and thorough work to update these regulations. Residential programs provide important care and support for children and families with some of the most complex needs. These updates will promote more inclusive and safe environments for all children and boost this critical workforce,” said Education Secretary Dr. Patrick Tutwiler. “I encourage parents, community members and programs to submit public comment and share their feedback.”
“These long-overdue updates represent an important step forward in ensuring that Massachusetts’ residential programs reflect the best knowledge and practices available to support children, youth, and the staff who care for them,” said Early Education and Care Commissioner Amy Kershaw. “By modernizing language, promoting inclusivity, and embedding a trauma-informed approach, we are positioning our system to better meet the needs of children and their families.”
Today’s revisions are the result of extensive collaboration with residential programs, sister agencies, advocates, and families, and are informed by national best practices to ensure the regulatory framework is responsive to evolving societal needs. This included soliciting feedback through a provider survey, targeted workgroups and discussions with trade and advocacy groups, as well as program visits.
“These updates will benefit so many children in our state who receive services from residential programs and create a better environment for the staff who care for them,” said Secretary of Health and Human Services Kiame Mahaniah, MD, MBA. “I appreciate the dedication of the EEC team who took the time to understand EOHHS agencies’ experiences with residential programs and incorporate our feedback into the regulations which will improve outcomes for children and families.”
The proposed changes revise language to be more modern and inclusive, including gender-neutral pronouns and require forms and documents are in each person’s preferred language, as well as focus on helping children find stable, long-term placements. They also bring in proven best practices to better support children and staff and promote greater transparency and accountability across residential programs.
“Our residential staff are doing some of the most demanding and meaningful work in the state,” said Paul Belsito, Chair of the Board of Early Education and Care. “These updates reflect the dedication of so many partners who contributed their time, expertise, and lived experience to this process. By strengthening the supports, training, and tools available to staff, we’re ensuring they can continue providing the highest-quality care for every child in their programs.”
"Today’s unanimous vote reflects the Board’s shared commitment to strengthening the foundation of care for children, families, and the dedicated professionals who support them,” said Maria Gonzalez Moeller, CEO of The Community Group and Vice-Chair of the Board of Early Education and Care. “These proposed revisions to the residential program regulations come from thoughtful collaboration and a deep understanding of the realities faced by our workforce and the young people we serve. By moving these updates to public comment, we’re inviting the broader community to help shape a framework that truly promotes safety, quality, and opportunity for every child and family in Massachusetts."
Today’s proposed regulation updates build on EEC’s ongoing work to strengthen the residential program workforce and improve the safety and well-being of children. Last year, EEC and the Department of Higher Education opened up the Early Childhood Educators Scholarship for residential program staff for the first time. This helps staff increase their qualifications through a college degree. The administration also provided loan forgiveness to residential program staff last year through the MA Repay Program. Further, EEC updated the Background Record Check (BRC) process for residential programs, including moving the BRC process into a more modern system to improve the user experience and adding a new out-of-state child welfare check for candidates who lived outside Massachusetts within the last five years.
The Board of Early Education and Care unanimously voted today to send these proposed changes to public comment, which provides an opportunity for stakeholders, including families, providers, advocates, and members of the public, to provide feedback before they are finalized. EEC will also host a public hearing on Wednesday, December 17 at 3 p.m., where members of the public are invited to attend and provide feedback. Each speaker will have up to three minutes to share.
Details on how to submit public comments, including deadlines and methods of submission, will be available on the Department’s website at Mass.gov/EEC.
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