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| 2 | 2 | | HOUSE DOCKET, NO. 1297 FILED ON: 1/18/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1390 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Ruth B. Balser |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to ensure equitable representation in probate court proceedings involving children. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Ruth B. Balser12th Middlesex1/18/2023Jacqueline Parker1/18/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1297 FILED ON: 1/18/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1390 |
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| 18 | 18 | | By Representative Balser of Newton, a petition (accompanied by bill, House, No. 1390) of Ruth |
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| 19 | 19 | | B. Balser and Jacqueline Parker relative to probate court proceedings involving children. The |
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| 20 | 20 | | Judiciary. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 1463 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act to ensure equitable representation in probate court proceedings involving children. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Chapter 190B, Section 5-212 of the General Laws is hereby amended by |
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| 32 | 32 | | 2adding the following subsection: |
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| 33 | 33 | | 3 (d) In any Probate Court case in which a child has been living with a guardian pursuant to |
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| 34 | 34 | | 4a Probate Court order, and the non-custodial parent seeks to take that custody away or seeks an |
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| 35 | 35 | | 5order for visitation or the guardian seeks to file a petition for adoption, the guardian is entitled to |
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| 36 | 36 | | 6court-appointed counsel, regardless of whether they are indigent or not, if the non-custodial |
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| 37 | 37 | | 7parent opposing the continued guardianship or adoption by the guardian obtains a court- |
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| 38 | 38 | | 8appointed attorney to prosecute or defend the proceeding. The Probate Court clerkâs office is |
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| 39 | 39 | | 9required to inform the pre-adoptive parent or guardian of this right to counsel. 2 of 2 |
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| 40 | 40 | | 10 SECTION 2. Chapter 210, Section 3, subsection (b) of the General Laws, is hereby |
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| 41 | 41 | | 11amended by striking out the second paragraph and inserting in place thereof the following:- |
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| 42 | 42 | | 12 (b) The department of children and families or a licensed child care agency may |
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| 43 | 43 | | 13commence a proceeding, independent of a petition for adoption, in the probate court in Suffolk |
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| 44 | 44 | | 14county or in any other county in which the department or agency maintains an office, to dispense |
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| 45 | 45 | | 15with the need for consent of any person named in section 2 to adoption of the child in the care or |
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| 46 | 46 | | 16custody of the department or agency. Notice of such proceeding shall be given to such person in |
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| 47 | 47 | | 17a manner prescribed by the court. The court shall appoint counsel to represent the child in the |
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| 48 | 48 | | 18proceeding unless the petition is not contested by any party. If a non-custodial parent opposing a |
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| 49 | 49 | | 19stepparent adoption obtains a court-appointed attorney to defend the proceeding, the court shall |
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| 50 | 50 | | 20appoint counsel to represent a custodial parent who is seeking a stepparent adoption, regardless |
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| 51 | 51 | | 21of indigency, unless the petition is not contested by any party. The court shall issue a decree |
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| 52 | 52 | | 22dispensing with the need for consent or notice of any petition for adoption, custody, guardianship |
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| 53 | 53 | | 23or other disposition of the child named therein, if it finds that the best interests of the child as |
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| 54 | 54 | | 24provided in paragraph (c) will be served by the decree. Pending a hearing on the merits of a |
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| 55 | 55 | | 25petition filed under this paragraph, temporary custody may be awarded to the petitioner. The |
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| 56 | 56 | | 26entry of such decree shall have the effect of terminating the rights of a person named therein to |
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| 57 | 57 | | 27receive notice of or to consent to any legal proceeding affecting the custody, guardianship, |
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| 58 | 58 | | 28adoption or other disposition of the child named therein. The department shall provide notice of |
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| 59 | 59 | | 29the hearing on the merits to any foster parent, pre-adoptive parent or relative providing care for |
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| 60 | 60 | | 30the child informing the foster parent, pre-adoptive parent or relative of his right to attend the |
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| 61 | 61 | | 31hearing and be heard. The provisions of this paragraph shall not be construed to require that a |
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| 62 | 62 | | 32foster parent, pre-adoptive parent or relative be made a party to the proceeding. |
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