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