BOSTON — 25 Investigates reporting on the Massachusetts Office the Child Advocate [OCA] and its discretion around releasing critical incident reviews has prompted lawmakers to file new legislation.
As we first told you in January, the OCA will not say anything about a review it launched into the death of a 4-year-old in Worcester last October. The public has no idea what the review might have unearthed, or if it’s even complete. Now some state lawmakers are taking another look at how this process works.
“That tremendous power has to come with some responsibility,” said State Senator Bruce Tarr (R-First Essex and Middlesex).
The power to decide whether to make public the reviews of child fatalities. The OCA conducts reviews when the fatality is the result of a critical incident. The OCA, alone, determines whether those reviews remain confidential. No explanation necessary.
Tarr thinks that should change.
“What was the nature of the threat? What was done to address the threat? What could have been done differently? This is a conversation that we all need to have to keep kids safe in the Commonwealth of Massachusetts,” Tarr told Boston 25′s Kerry Kavanaugh. “And we can’t have it if we’re missing critical information.”
So Tarr filed an Act Relative to Child Fatality Review to amend some of the rules governing the Office of the Child Advocate.
“In those instances where the Office of the Child Advocate exercises that very strong power to withhold information, they have to justify the reasons for withholding that information,” Tarr said.
Tarr began examining the discretion of the OCA after 25 Investigates’ reporting into the death of 4-year-old A’Zella Sky Ortiz.
In October, first responders were called to an apartment in Worcester. Inside, they found a little girl cold to the touch, wearing only a shirt, covered in feces. Investigators say A’zella had bruises all over her body.
Her father, Francisco Ortiz, is charged in connection with her death.
Two other children in the home, A’Zella’s siblings, also showed signs of abuse, malnourishment, and dehydration.
And, 25 Investigates reported the Department of Children and Families was involved with A’Zella’s family at some point.
We have asked for months for the status of the OCA’S review of A’Zella’s case. On January 8, 2025, the OCA told 25 Investigates: “We will not be commenting on this specific case or any potential report related to this case at this time.”
Again, on February 18th, the OCA did not have an update or comment on the review, adding the reviews can take months to complete.
“But given the circumstances that have been brought to our attention by your reporting, we think it’s a very important step,” Tarr said.
Tarr says he understands the office deals with sensitive information and that there are privacy concerns and often ongoing criminal investigations. He says he hopes his suggested statute change would help strike a balance.
“So, we’re talking about oftentimes tragic situations with serious harm to children or death. And those are things where we deserve to have the information that we need to be able to take action to prevent those things from happening in the future.”
Tarr also noted the release of these reviews in several high-profile cases, including Harmony Montgomery.
25 Investigates asked the OCA to comment on the proposed changes to the office’s discretion on child fatality reviews.
A spokesperson emailed us a written statement.
“Through the course of its work, the OCA has access to highly sensitive and confidential information about the lives of children and families, the public release of which could cause substantial harm to the individuals involved. The OCA is required by law to protect the confidentiality of this information, unless the Child Advocate determines that disclosure of such information is necessary to enable the office to perform its statutory duties.
We are also required to coordinate our efforts with any executive or law enforcement agency that may already be conducting an investigation, to ensure our work – including any public release of information the Child Advocate may determine is necessary – does not compromise any other investigation.
The OCA has no objection to the language in the bill filed by Senator Tarr, which preserves those critical safeguards on the release of sensitive information.”
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