Massachusetts Senate Bill S1037

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Prohibiting discrimination against adults with disabilities in family and juvenile court proceedings

Impact

If enacted, S1037 would amend multiple chapters of the General Laws, creating a more inclusive and fair judicial process for parents with disabilities. This legislation reinforces the rights of disabled individuals and ensures that they are afforded the same parental rights as those without disabilities. The bill seeks to eliminate biases based on disabilities that could influence custody decisions, thus profoundly impacting family law and child welfare standards in Massachusetts.

Summary

Senate Bill S1037 aims to prohibit discrimination against adults with disabilities in family and juvenile court proceedings. The bill establishes specific requirements for how courts must treat cases involving parents with disabilities. It expands the definition of disability and mandates that the courts must not consider a parent's disability or its manifestations as a negative factor without clear evidence linking the impairment to potential harm to the child.

Contention

Some points of contention surrounding this bill include concerns about the potential implications for child safety and well-being. Critics may argue that while promoting rights for parents with disabilities is important, there should be sufficient safeguards to ensure that a child's best interest remains paramount. The balance between supporting parental rights and ensuring child safety will likely be a key consideration in the discussions around the bill.