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HOUSE DOCKET, NO. 1361 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1517
The Commonwealth of Massachusetts
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PRESENTED BY:
Colleen M. Garry
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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 increasing parental involvement with childcare.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/10/2023 1 of 2
HOUSE DOCKET, NO. 1361 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1517
By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1517) of Colleen
M. Garry relative to the involvement of non-custodial parents in child care. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1590 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 increasing parental involvement with childcare.
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. Section 28 of Chapter 208 of the General Laws, as so appearing, is hereby
2amended by inserting at the end of the first paragraph the following: — When the court makes an
3order or judgment for maintenance or support of a child or children hereunder, the court shall
4determine whether childcare services are deemed necessary by the custodial parent and whether
5the non-custodial parent is available and capable of providing all or part of said childcare. If the
6court determines that the non-custodial parent is available, capable, and desirous of providing all
7or part of said childcare for the child or children for whom support is ordered, the court shall
8include in its order provisions allowing the non-custodial parent the right to provide such child
9care. Nothing in this section shall be deemed to authorize entry by the non-custodial parent into
10the home of the custodial parent for the purposes of childcare. A change in the availability of the 2 of 2
11non-custodial parent to provide childcare shall constitute a material and substantial change in
12circumstances for purposes of modification of existing judgments.
13 SECTION 2. Section 9 of Chapter 209C of the General Laws, as so appearing, is hereby
14amended by inserting at the end of subsection (a) the following: — When the court makes an
15order or judgment for maintenance or support of a child or children, said court shall determine
16whether day care services are deemed necessary by the custodial parent and whether the non-
17custodial parent is available, capable, and desirous of providing all or part of said child care.
18When the court has determined that the non-custodial parent is available, capable, and desirous
19of providing child care for the child or children for whom support is ordered, the court shall
20include in its orders provisions allowing the non-custodial parent the right to provide said child
21care. Nothing in this section shall be deemed to authorize entry by the non-custodial parent into
22the home of the custodial parent for the purposes of childcare. A change in the availability of the
23non-custodial parent to provide childcare shall constitute a material and substantial change in
24circumstances for purposes of modification of existing judgments. Ch. 208, sec. 28 refers to
25support orders as part of divorce. Ch. 209C, see 9 refers to support orders for children born out
26of wedlock.