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| 2 | 2 | | HOUSE DOCKET, NO. 1361 FILED ON: 1/18/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1517 |
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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 | | Colleen M. Garry |
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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 increasing parental involvement with childcare. |
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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:Colleen M. Garry36th Middlesex1/10/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1361 FILED ON: 1/18/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1517 |
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| 18 | 18 | | By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1517) of Colleen |
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| 19 | 19 | | M. Garry relative to the involvement of non-custodial parents in child care. The Judiciary. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE HOUSE, NO. 1590 OF 2021-2022.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act increasing parental involvement with childcare. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Section 28 of Chapter 208 of the General Laws, as so appearing, is hereby |
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| 31 | 31 | | 2amended by inserting at the end of the first paragraph the following: — When the court makes an |
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| 32 | 32 | | 3order or judgment for maintenance or support of a child or children hereunder, the court shall |
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| 33 | 33 | | 4determine whether childcare services are deemed necessary by the custodial parent and whether |
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| 34 | 34 | | 5the non-custodial parent is available and capable of providing all or part of said childcare. If the |
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| 35 | 35 | | 6court determines that the non-custodial parent is available, capable, and desirous of providing all |
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| 36 | 36 | | 7or part of said childcare for the child or children for whom support is ordered, the court shall |
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| 37 | 37 | | 8include in its order provisions allowing the non-custodial parent the right to provide such child |
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| 38 | 38 | | 9care. Nothing in this section shall be deemed to authorize entry by the non-custodial parent into |
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| 39 | 39 | | 10the home of the custodial parent for the purposes of childcare. A change in the availability of the 2 of 2 |
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| 40 | 40 | | 11non-custodial parent to provide childcare shall constitute a material and substantial change in |
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| 41 | 41 | | 12circumstances for purposes of modification of existing judgments. |
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| 42 | 42 | | 13 SECTION 2. Section 9 of Chapter 209C of the General Laws, as so appearing, is hereby |
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| 43 | 43 | | 14amended by inserting at the end of subsection (a) the following: — When the court makes an |
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| 44 | 44 | | 15order or judgment for maintenance or support of a child or children, said court shall determine |
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| 45 | 45 | | 16whether day care services are deemed necessary by the custodial parent and whether the non- |
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| 46 | 46 | | 17custodial parent is available, capable, and desirous of providing all or part of said child care. |
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| 47 | 47 | | 18When the court has determined that the non-custodial parent is available, capable, and desirous |
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| 48 | 48 | | 19of providing child care for the child or children for whom support is ordered, the court shall |
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| 49 | 49 | | 20include in its orders provisions allowing the non-custodial parent the right to provide said child |
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| 50 | 50 | | 21care. Nothing in this section shall be deemed to authorize entry by the non-custodial parent into |
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| 51 | 51 | | 22the home of the custodial parent for the purposes of childcare. A change in the availability of the |
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| 52 | 52 | | 23non-custodial parent to provide childcare shall constitute a material and substantial change in |
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| 53 | 53 | | 24circumstances for purposes of modification of existing judgments. Ch. 208, sec. 28 refers to |
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| 54 | 54 | | 25support orders as part of divorce. Ch. 209C, see 9 refers to support orders for children born out |
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| 55 | 55 | | 26of wedlock. |
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