EEC begins major overhaul of residential regulations; public comment and training planned

The Department of Early Education and Care told the board it is undertaking a comprehensive revision of the regulations that govern residential programs and group homes, a project staff said has not had a substantive overhaul since the mid-1990s.

Deputy Commissioner Joe Rucker, Director Tim Keane and supervisors leading the project said the review will update language and practices to reflect trauma-informed, culturally responsive care, clarify behavior-support standards (including time-out and separation), and add guidance on surveillance-camera use and public posting of licensing history while balancing privacy and safety concerns.

Rucker said the department performed a multi-year review of other states’ rules and federal best practices, convened interagency partners (including the Department of Elementary and Secondary Education, Department of Children and Families, Department of Mental Health, the Office of the Child Advocate, and the Office for the Deaf and Hard of Hearing) and met with providers across the Commonwealth. He described the objectives as reducing outdated terminology, improving alignment among agencies, and strengthening protections for children while avoiding unintended workforce or funding burdens for providers.

Staff emphasized workforce limits and cautioned against rules that would exacerbate staffing shortages; they said they will look for regulatory approaches that raise practice standards while enabling on-the-job training and career pathways rather than imposing immediate, unfunded personnel mandates. Minimum-hiring and training requirements will be restructured for clarity; current training-hour requirements were described as a 24-hour annual baseline for full-time staff, with more specific topic recommendations to be clarified in policy or companion guidance.

On surveillance cameras, staff said programs commonly use cameras but the regulations currently lack guidance. EEC will consult providers, DESE and other partners to craft rules that address public posting, transparency and recordkeeping while protecting resident privacy and safety.

Rucker said staff intend to present a redlined draft of proposed regulatory changes to the board in September, to open a roughly 90-day public comment period in the fall, and to seek promulgation and an implementation phase that includes training for licensors and providers. The department’s target for promulgation and implementation is late 2025 to 2026; staff underscored that detailed timelines will depend on interagency coordination and the public-comment record.

Board members praised the outreach approach and urged attention to family engagement and transition planning; they also asked staff to track unfunded-mandate risks and to provide granular data on workforce implications for any minimum-hire or training changes. The board offered support for the department’s plan to surface clearer, more accessible regulations accompanied by policy guidance and training.