Mass. Gen. Laws » Part I Title XVII Chapter 119
Massachusetts General Laws

Mass. Gen. Laws ch. 119, § 26B (2026)

Grandparent visitation; sibling visitation; appeal of decision to deny visitation

✓ current as of July 2026
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Section 26B. (a) Whenever a child is placed in family foster care, the court and the department shall ensure that a grandparent of a child who is in the department's care or is the subject of a petition under this chapter shall, upon that grandparent's request, have access to reasonable visitation and that the department establish a schedule for that visitation, unless it is determined by the court or the department that grandparent visitation is not in the child's best interests. In determining the best interests of the child, the court or the department shall consider the goal of the service plan and the relationship between the grandparent and the child's parents or legal guardian. Upon recommendation by the department or on its own accord, the court may establish reasonable conditions governing grandparent visitation, including requiring that the grandparent be restrained from revealing the whereabouts of the child's placement.

A grandparent of a child who is placed with the department voluntarily under clause (1) of subsection (a) of section 23 or placed in the custody of the department under an adoption surrender under section 2 of chapter 210, who is denied grandparent visitation by the department, may appeal through the department's fair hearing process. A grandparent may appeal the decision reached through the department's fair hearing process by filing a petition in the probate and family court for grandparent visitation. That grandparent shall have the right to court review by trial de novo.

A grandparent of a child who is the subject of a petition under this chapter and placed in the custody of the department may file a petition for visitation in the court which has committed the child to the custody of the department.

(b) The court or the department shall, whenever reasonable and practical and based upon a determination of the best interests of the child, ensure that children placed in foster care shall have access to and visitation with siblings in other foster or pre-adoptive homes or in the homes of parents or extended family members throughout the period of placement in the care and custody of the department, or after such placements, if the children or their siblings are separated through adoption or long-term or short-term placements in foster care.

The court or the department shall determine, at the time of the initial placements wherein children and their siblings are separated through placements in foster, pre-adoptive or adoptive care, that sibling visitation rights be implemented through a schedule of visitations or supervised visitations, to be arranged and monitored through the appropriate public or private agency, and with the participation of the foster, pre-adoptive or adoptive parents, or extended family members, and the child, if reasonable, and other parties who are relevant to the preservation of sibling relationships and visitation rights.

A child in foster care or sibling of a child placed voluntarily under clause (1) of subsection (a) of section 23 or under an adoption surrender under section 2 of chapter 210, who are denied visitation rights by the department, may appeal through the department's fair hearing process. The child or sibling may appeal the decision reached through the department's fair hearing process by filing a petition in the probate and family court for visitation. That child or sibling shall have the right to court review by trial de novo.

For children in the custody of the department pursuant to petition under this chapter, a child, sibling, parent, legal guardian or the department may file a petition for sibling visitation in the court committing the child to the custody of the department.

Periodic reviews shall evaluate the effectiveness and appropriateness of sibling visitations.

Any child over 12 years of age may request visitation with siblings who have been separated and placed in care or have been adopted in a foster or adoptive home other than where the child resides.

(c) A parent: (i) against whom a decree to dispense with consent to adoption has been entered under clause 4 of subsection (b) of section 26 or section 3 of chapter 210 or (ii) who has signed a voluntary adoption surrender under section 2 of chapter 210 shall not have the rights provided under this section as to the child who is the subject of that decree or surrender.

(d) A child, parent, guardian, grandparent or the department may appeal a decision or order of the trial court to the appeals court under this section if such person or the department is a party thereto. The claim of appeal shall be filed in the office of the clerk or register of the trial court within 30 days following the court's decision or order. Thereafter, the appeal shall be governed by the Massachusetts Rules of Appellate Procedure.

Notes of Decisions
Cited in 18 cases (9 in the last 5 years), 2009–2025 · leading case: In re Adoption Garret, 91 N.E.3d 1139 (Mass. App. Ct. 2017).
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In re Adoption Garret, 91 N.E.3d 1139 (Mass. App. Ct. 2017). · cites it 11× “Garret, Michael, and Susan argue that the language of G. L. c. 119, § 26B( b ), requires the judge in this case to make a determination regarding sibling visitation.”
Care & Prot. of Jamison, 4 N.E.3d 889 (Mass. 2014). · cites it 25× “We are called upon in this case to decide, first, whether the Juvenile Court has subject matter jurisdiction over petitions for sibling visitation pursuant to G. L. c. 119, § 26B (b), where the petitioning child is in State custody and his siblings are wards in the custody of…”
Connor B. Ex Rel. Vigurs v. Patrick, 771 F. Supp. 2d 142 (D. Mass. 2011). · cites it 4× “124; (e) “sibling visitation” under Mass. Gen. Laws ch. 119, § 26B; and (d) “placement with relatives, other adult persons who have played significant positive roles in the child’s life, and any minor siblings or half-siblings” under Mass.”
Adoption of Zander, 983 N.E.2d 1222 (Mass. App. Ct. 2013). · cites it 3× “” G. L. c. 119, § 26B(b), inserted by St. 2008, c.”
Care & Prot. of Thomasina, 915 N.E.2d 569 (Mass. App. Ct. 2009). · cites it 2× “See G. L. c. 119, § 26B, inserted by St. 2008, c.”
Adoption of Flavia (Mass. App. Ct. 2024). · cites it 11× “The motions cited G. L. c. 119, § 26B (b), and requested an order for sibling visitation.”
Adoption of Garret (Mass. App. Ct. 2018). · cites it 10× “25 Prior to the enactment of G. L. c. 119, § 26B, in 2008, G. L. c. 119, § 26(5), inserted by St.”
Adoption of Thelma. (Mass. App. Ct. 2023). · cites it 3× “Finally, the father argues that the judge should have ordered visitation between the child and her four paternal half-siblings pursuant to G. L. c. 119, § 26B (b). DCF argues that because the father did not raise this issue at trial, he waived it.”
ADOPTION OF BRAYDEN (& Three Companion Cases). (Mass. App. Ct. 2023). · cites it 2× “8 See G. L. c. 119, § 26B. We review an order regarding sibling visitation for abuse of discretion.”
In re Dara, 111 N.E.3d 1113 (Mass. App. Ct. 2018). “G. L. c. 119, § 26B ( b ). A judge has broad discretion in ordering visitation or leaving visits to the judgment of the child's legal guardian.”
In re Adoption Osma, 122 N.E.3d 1100 (Mass. App. Ct. 2019). “363 , 367 (2013), quoting G. L. c. 119, § 26B ( b ). The judge's order provides that "the parents are encouraged to include [the child's] sisters .”
In re Adoption, 123 N.E.3d 803 (Mass. App. Ct. 2019). “25 (2018) ("the children have a statutory right to petition the Juvenile Court under G. L. c. 119, § 26B( b ), if they are dissatisfied with the state of visitation").”
Show all 18 citing cases →
— Mass. Gen. Laws ch. 119, § 26B(b) — 3 cases
Connor B. Ex Rel. Vigurs v. Patrick, 771 F. Supp. 2d 142 (D. Mass. 2011). “124; (e) “sibling visitation” under Mass. Gen. Laws ch. 119, § 26B; and (d) “placement with relatives, other adult persons who have played significant positive roles in the child’s life, and any minor siblings or half-siblings” under Mass.”
Adoption of Zander, 983 N.E.2d 1222 (Mass. App. Ct. 2013). “” G. L. c. 119, § 26B(b), inserted by St. 2008, c.”
Adoption of Garret (Mass. App. Ct. 2018). “25 Prior to the enactment of G. L. c. 119, § 26B, in 2008, G. L. c. 119, § 26(5), inserted by St.”
— Mass. Gen. Laws ch. 119, § 26B(c) — 1 case
Adoption of Zander, 983 N.E.2d 1222 (Mass. App. Ct. 2013). “” G. L. c. 119, § 26B(b), inserted by St. 2008, c.”
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