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

Mass. Gen. Laws ch. 119, § 29B (2026)

Determination of future status of committed children; orders; permanency hearings; appeals

✓ current as of July 2026
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Section 29B. (a) Except as provided in subsection (d), within 12 months of the original commitment, grant of custody or transfer of responsibility of a child to the department by a court of competent jurisdiction and not less than every 12 months thereafter while the child remains in the care of the department, the committing court shall conduct a permanency hearing, in accordance with rules established by the chief justice of the trial court, to determine and periodically review thereafter the permanency plan for the child. The plan shall address whether and, if applicable, when: (i) the child will be returned to the parent; (ii) the child will be placed for adoption and the steps the department will take to free the child for adoption; (iii) the child will be referred for legal guardianship; (iv) the child will be placed in permanent care with relatives; or (v) the child will be placed in another permanent planned living arrangement. No child under the age of 16 shall have a permanency plan for another permanent planned living arrangement. The department shall file a permanency plan prior to a permanency hearing that shall address the above placement alternatives. The court shall consult with the child in an age-appropriate manner about the permanency plan developed for the child, including for children and young adults whose permanency plan is another permanency planned living arrangement, asking the child or young adult their desired permanency plan. At each hearing where the court determines that a permanency plan for a child is another permanency planned living arrangement, the court shall specify why this plan is in the child's best interest and the compelling reasons why it is not in the child's best interest to: (i) return home; (ii) be placed for adoption; (iii) be placed with a legal guardian; or (iv) be placed in a permanency planned living arrangement with other relatives.

(b) The committing court shall continue to hold annual permanency hearings as described in subsection (a) for young adults to whom subsection (f) of section 23 applies. The young adult shall be entitled to counsel under section 29.

(c) If a child or a young adult is not to be returned to the child or young adult's parents, the permanency plan shall consider in-state and out-of-state placement options. In the case of a child placed in foster care outside the state in which the home of the parents of the child is located or a young adult in an out-of-state placement, the permanency plan shall also address whether the out-of-state placement continues to be appropriate and in the best interests of the child or young adult. In the case of a child who has attained age 14 or any young adult, the permanency plan shall also address the services needed to assist the child or young adult in making the transition from foster care to a successful adulthood; provided, however, that the court shall consult with the child or young adult in an age-appropriate manner about the permanency plan. If the permanency plan for the child is another permanency planned living arrangement, the permanency plan shall address the efforts the department has made to place the child or young adult with a parent or relative or in a guardianship or adoption placement. If a person in the custody of or under the responsibility of the department has attained the age of 17 years and 9 months, the permanency plan shall also address the status of and the topics of the transition plan required under 42 USC § 675(5)(H); provided, however, that the court shall retain jurisdiction until it finds, after a hearing at which the person is present unless the person chooses otherwise, that a satisfactory transition plan has been provided for the person.

(d) In conducting a permanency hearing, the court may make any appropriate order as may be in the child or the young adult's best interests including, but not limited to, orders with respect to care or custody. At the same time, the court shall consider the provisions of section 29C, and shall make the written certification and determinations required by said section 29C. The health and safety of the child or young adult shall be of paramount, but not exclusive, concern.

The permanency hearing for a child or young adult shall be held within 30 days of a hearing at which a court determines that reasonable efforts to preserve and reunify families are not required pursuant to section 29C. The court may, however, make such determination at the time of the permanency hearing.

If continuation of reasonable efforts to return a child or young adult safely to the child or young adult's parent or guardian are found to be inconsistent with the permanency plan for the child or young adult or if reasonable efforts are not required pursuant to section 29C, or in the case of any young adult to whom subsection (f) of section 23 applies, the department shall make reasonable efforts to place the child or young adult in a timely manner in accordance with the permanency plan including, if appropriate, through an interstate placement, and to complete whatever steps are necessary to finalize the permanent placement of the child or young adult. In subsequent permanency hearings held on behalf of the child or young adult, the court shall determine whether the department has made such efforts in accordance with section 29C.

(e) A child, parent of a child, guardian, young adult, or the department may appeal to the appeals court from the determination or order of the trial court. 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 determination or order. Thereafter, the appeal shall be governed by the Massachusetts Rules of Appellate Procedure. The scope of appellate review shall be limited to abuse of judicial discretion.

Notes of Decisions
Cited in 37 cases (8 in the last 5 years), 1993–2025 · leading case: In Re Ta.l. in Re A.L. in Petition of R.W. & A.W. in Re Petition of E.A.A.H. & T.L., 149 A.3d 1060 (D.C. 2016).
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In Re Ta.l. in Re A.L. in Petition of R.W. & A.W. in Re Petition of E.A.A.H. & T.L., 149 A.3d 1060 (D.C. 2016). · cites it 2× “60 See Mass. Gen. Laws ch. 119, § 29B (e) (2012); La.”
Adoption of Willow, 745 N.E.2d 330 (Mass. 2001). · cites it 2× “See G. L. c. 119, § 29B. 4 Neither parent filed an objection, and the plans were approved by a judge on October 20, 1999.”
In re Hilary, 880 N.E.2d 343 (Mass. 2008). · cites it 4× “Pursuant to G. L. c. 119, § 29B, first par., if a judge has extended the original disposition and the child is still in the department’s care after twelve months, the judge must conduct a permanency hearing at which the department must file a permanency plan.”
Adoption of Ilona, 944 N.E.2d 115 (Mass. 2011). “9 At a permanency hearing held on November 29, 2007, in accordance with G. L. c. 119, § 29B, a judge (who was not the trial judge) determined that the department’s “efforts to place the child in a timely manner in accordance with the permanency plan for the child, other than…”
In Re Adoption of Ulrich, 119 N.E.3d 298 (Mass. App. Ct. 2019). “…court shall consult with the child in an age-appropriate manner about the permanency plan developed for the child." G. L. c. 119, § 29B.”
Adoption of Xarina., 109 N.E.3d 528 (Mass. App. Ct. 2018). · cites it 2× “4 See G. L. c. 119, § 29B. The judge found that the mother was unfit and that it was in Xarina's best interests to terminate the mother's parental rights, and he approved the department's plan.”
Care & Prot. of Thomasina, 915 N.E.2d 569 (Mass. App. Ct. 2009). · cites it 2× “That process is governed by G. L. c. 119, § 29B, as amended by St. 2008, c.”
Idaho Dep't of Health & Welfare v. John Doe (In re Doe), 416 P.3d 937 (Idaho 2018). “…This unpublished opinion cited a Massachusetts statute which expressly defined the appellate standard of review. Mass. Gen. Laws ch. 119, § 29B (1999).”
Adoption of Donald, 750 N.E.2d 1025 (Mass. App. Ct. 2001). · cites it 3× “G. L. c. 119, § 29B. A committing court, such as the Juvenile Court, is required to conduct a permanency hearing within twelve months of “the original commitment, grant of custody or transfer of responsibility of a child to the department,” and every twelve months while the…”
Adoption of Rico, 905 N.E.2d 552 (Mass. 2009). “Of course, a posttermination order for visitation, entered at the time the *759 parents’ rights are terminated, is also provisional in the sense we discuss here, subject to review in light of ongoing assessments of the child’s best interests during subsequent permanency hearings…”
Adoption of Terrence, 787 N.E.2d 572 (Mass. App. Ct. 2003). “The information was provided in a report submitted in accordance with the provisions of G. L. c. 119, § 29B, setting out DSS’s goal for the child’s placement in a permanency plan.”
Adoption of Paula, 651 N.E.2d 1222 (Mass. 1995). “Substitute care review hearings were held, pursuant to G. L. c. 119, § 29B (1992 ed.), resulting in approval of the substitute care plan submitted by the department which had as its goal adoption of the children.”
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— Mass. Gen. Laws ch. 119, § 29B(a) — 1 case
Connor B. ex rel. Vigurs v. Patrick, 985 F. Supp. 2d 129 (D. Mass. 2013).
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