Massachusetts House Bill H1852

Massachusetts 2025-2026 Regular Session

• Introduced: 2/27/25
• Refer: 2/27/25

Caption

Prohibiting discrimination against adults with disabilities in Family and Juvenile Court proceedings

Impact

The implications of H1852 are far-reaching, as it modifies portions of Chapter 208, Chapter 119, and Chapter 210 of the General Laws. By establishing that disabilities cannot be used against a parent in custody cases without clear, demonstrable evidence of harm and error minimization via supportive services, the bill aims to secure fair treatment for parents with disabilities in court settings. This aligns with broader initiatives to enhance legal protections for individuals with disabilities and reduce systemic discrimination within the justice system.

Summary

House Bill 1852 proposes significant amendments to existing Massachusetts laws concerning family and juvenile court proceedings to prohibit discrimination against adults with disabilities. The bill aims to ensure that a parent’s disability or its manifestations cannot be deemed a negative factor in custody determinations, unless there is compelling evidence linking the disability to harm to the child. This addresses long-standing concerns about biases against disabled parents in legal contexts, where disabilities may be improperly considered detrimental to parenting capabilities.

Contention

Despite the overarching support for disability rights, objections may arise regarding the evidentiary standards set by the bill. There could be concerns about the feasibility of demonstrating a 'nexus' between a parent’s disability and potential harm to a child, which some may argue could complicate child protection cases. Additionally, debates may ensue regarding the adequacy and availability of adaptive equipment and supportive services that would enable parents with disabilities to fulfill their parental responsibilities effectively. Addressing these concerns will be crucial for the successful implementation of H1852.