Attorneys at child welfare agencies play an ever-larger role in protecting families nationwide. Massachusetts’ triumphs (and occasional struggles) in this realm are a significant bellwether for the nation’s ability to care for our children, and lawyers across the Commonwealth have taken steps to bring accountability to our systems, advocate for reform, and pilot initiatives to improve families’ lives.
Recently, BC Law alum Erica Brody’s law firm reached a historic settlement on behalf of their clients—all former foster children—with the Massachusetts Department of Children and Families (DCF). Not only did the case deliver $7 million to the plaintiffs for the abuses they endured at the hands of their foster parents; the outcome put the agency on notice that the state’s qualified immunity protections that shielded employees from accountability for wrongs done to children in the system’s care were not ironclad.
In Massachusetts, legal services have begun providing so-called “pre-petition representation” to families involved in the child welfare system, a relatively new form of preventive legal advocacy aimed at ensuring families remain together when possible, keeping children in their original homes and preventing the need for foster care.
BC Law has been a leader in family law issues for many years. The Youth and Family Justice Clinic, devoted to family advocacy and led by Professor Jessica Berry, provides students the opportunity to work directly with struggling families as they navigate an often-overwhelming child welfare system. The following data (the most recent available) provide a window into understanding the issues facing the modern child welfare system in Massachusetts and beyond.
To view the infographic, click here.
Sources: National Children’s Alliance and Centers for Disease Control and Prevention; Massachusetts Department of Children and Families, 2023 Annual Report; Children’s Bureau 2024 Report; National Association of Council for Children; Barton Child Law and Policy Center.