Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1601 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 2670 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1601
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kay Khan and Jay D. Livingstone
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act prohibiting discrimination against adults with disabilities in family and juvenile court
13	13	proceedings.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Kay Khan11th Middlesex1/19/2023Jay D. Livingstone8th Suffolk1/30/2023Josh S. Cutler6th Plymouth1/30/2023James K. Hawkins2nd Bristol1/30/2023Vanna Howard17th Middlesex1/31/2023Carmine Lawrence Gentile13th Middlesex2/8/2023Jack Patrick Lewis7th Middlesex2/8/2023James B. EldridgeMiddlesex and Worcester2/11/2023 1 of 9
17	17	HOUSE DOCKET, NO. 2670 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1601
19	19	By Representatives Khan of Newton and Livingstone of Boston, a petition (accompanied by bill,
20	20	House, No. 1601) of Kay Khan, Jay D. Livingstone and others relative to adults with disabilities
21	21	in family and juvenile court proceedings. The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 1711 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act prohibiting discrimination against adults with disabilities in family and juvenile court
30	30	proceedings.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 208, as appearing in the 2018 Official Edition of the General Laws,
34	34	2is hereby amended by inserting after section 31A the following section:-
35	35	3 Section 31B. For the purposes of this chapter the following words shall have the
36	36	4following meanings, unless the context clearly indicates otherwise:-
37	37	5 “Adaptive parenting equipment”, any piece of equipment or any item used to increase,
38	38	6maintain, or improve the parenting capabilities of a parent with a disability.
39	39	7 “Disability”, a physical or mental impairment that substantially limits one or more major
40	40	8life activities of an individual, a record of such impairment, or being regarded as having such an 2 of 9
41	41	9impairment. This definition shall be broadly interpreted in a manner consistent with the
42	42	10Americans with Disabilities Act Amendments Act of 2008.
43	43	11 “Supportive parenting services”, services that help a parent with a disability compensate
44	44	12for those aspects of the disability that affect their ability to care for their children and that will
45	45	13enable them to discharge their parental responsibilities, including, but not limited to, specialized
46	46	14or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
47	47	15supports or other psychosocial parental skill building therapies or services, and accommodations
48	48	16that allow a parent with a disability to benefit from other services, such as braille text or sign
49	49	17language interpreters.
50	50	18 Nothing in this chapter shall allow a parent’s disability or its manifestations to be
51	51	19considered a negative factor in a determination of custody or of parenting time with a minor
52	52	20child, absent a specific showing by a preponderance of the evidence made by the party raising
53	53	21the allegation, that there is a nexus between the parent’s disability, or its manifestations, and
54	54	22alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by
55	55	23accommodations for the disability, including adaptive parenting equipment or supportive
56	56	24parenting services.
57	57	25 If the court considers a parent’s disability or its manifestations as a negative factor in an
58	58	26award of custody or of parenting time with a child, then the court shall make specific written
59	59	27findings as to the nexus between the parent’s disability, or its manifestations, and harm to the
60	60	28child, what effect, if any, said harm has on the best interests of the child, and whether adaptive
61	61	29parenting equipment or supportive parenting services can alleviate said harm. 3 of 9
62	62	30 SECTION 2. Chapter 209C, as appearing in the 2018 Official Edition of the General
63	63	31Laws, is hereby amended by inserting after section 10 the following section:-
64	64	32 Section 10A. For the purposes of this chapter the following words shall have the
65	65	33following meanings, unless the context clearly indicates otherwise:-
66	66	34 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
67	67	35increase, maintain, or improve the parenting capabilities of a parent with a disability.
68	68	36 “Disability”, a physical or mental impairment that substantially limits one or more major
69	69	37life activities of an individual, a record of such impairment, or being regarded as having such an
70	70	38impairment. This definition shall be broadly interpreted in a manner consistent with the
71	71	39Americans with Disabilities Act Amendments Act of 2008.
72	72	40 “Supportive parenting services”, services that help parents with a disability compensate
73	73	41for those aspects of the disability that affect their ability to care for their children and that will
74	74	42enable them to discharge their parental responsibilities. The term includes, but is not limited to,
75	75	43specialized or adapted training, evaluations, and assistance with effective use of adaptive
76	76	44equipment, as well as accommodations that allow a parent with a disability to benefit from other
77	77	45services, such as braille text or sign language interpreters.
78	78	46 Nothing in this chapter shall allow a parent’s disability or its manifestations to be
79	79	47considered a negative factor in a determination of custody or of parenting time with a minor
80	80	48child, absent a specific showing by a preponderance of the evidence made by the party raising
81	81	49the allegation, that there is a nexus between the parent’s disability, or its manifestations, and
82	82	50alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by 4 of 9
83	83	51accommodations for the disability, including adaptive parenting equipment or supportive
84	84	52parenting services.
85	85	53 If the court considers a parent’s disability or its manifestations as a negative factor in an
86	86	54award of custody of and or parenting time with a child, then the court shall make specific written
87	87	55findings as to the nexus between the parent’s disability, or its manifestations, and harm to the
88	88	56child, what effect, if any, said harm has on the best interests of the child, and whether adaptive
89	89	57parenting equipment or supportive parenting services can alleviate said harm.
90	90	58 SECTION 3. Section 21 of chapter 119, as appearing in the 2018 Official Edition, is
91	91	59hereby amended by inserting after the second paragraph the following paragraph:-
92	92	60 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
93	93	61increase, maintain, or improve the parenting capabilities of a parent with a disability.
94	94	62 SECTION 4. Said section of said chapter as so appearing, is hereby further amended by
95	95	63inserting after the eleventh paragraph the following paragraph:-
96	96	64 “Disability”, a physical or mental impairment that substantially limits one or more major
97	97	65life activities of an individual, a record of such impairment, or being regarded as having such an
98	98	66impairment. This definition shall be broadly interpreted in a manner consistent with the
99	99	67Americans with Disabilities Act Amendments Act of 2008.
100	100	68 SECTION 5. Said section of said chapter, as so appearing, is hereby further amended by
101	101	69inserting after the twenty second paragraph the following paragraph:-
102	102	70 “Supportive parenting services”, services that help parents with a disability compensate
103	103	71for those aspects of the disability that affect their ability to care for their children and that will 5 of 9
104	104	72enable them to discharge their parental responsibilities. The term includes, but is not limited to,
105	105	73specialized or adapted training, evaluations, and assistance with effective use of adaptive
106	106	74equipment, as well as accommodations that allow a parent with a disability to benefit from other
107	107	75services, such as braille text or sign language interpreters.
108	108	76 SECTION 6. Said chapter, as so appearing, is hereby further amended by inserting after
109	109	77section 24 the following section:-
110	110	78 Section 24A. Nothing in this chapter shall allow a parent’s disability or its
111	111	79manifestations, as defined in section 21 of this chapter, to be considered a negative factor in a
112	112	80determination of whether a child is in need of care and protection or for the removal of custody
113	113	81of a child from a parent, guardian, or other custodian, absent a specific showing by clear and
114	114	82convincing evidence made by the department, that there is a nexus between the parent’s
115	115	83disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot
116	116	84be prevented or alleviated by accommodations for the disability, including adaptive parenting
117	117	85equipment or supportive parenting services.
118	118	86 If the court considers a parent’s disability or its manifestations as a negative factor in
119	119	87determining that a child is in need of care and protection or for the removal of custody of a child
120	120	88from a parent, guardian, or other custodian, then the court shall make specific written findings as
121	121	89to the nexus between the parent’s disability, or its manifestations, and harm to the child, the
122	122	90impact this has on current parental fitness, and whether adaptive parenting equipment or
123	123	91supportive parenting services can alleviate said harm or render the parent fit. 6 of 9
124	124	92 SECTION 7. Section 3 of chapter 210, as appearing in the 2018 Official Edition of the
125	125	93General Laws, is hereby amended by striking out subsection (c)(xii), as appearing in the 2018
126	126	94Official Edition, and inserting in place thereof the following subsection:-
127	127	95 Section 3(c)(xii). A failure of a parent to discharge parental responsibilities that is
128	128	96reasonably likely to continue for a prolonged, indeterminate period, and that results in harm to
129	129	97the child, and cannot be alleviated by adequate accommodations, including adaptive parenting
130	130	98equipment or supportive parenting services.
131	131	99 SECTION 8. Chapter 210, as so appearing, is hereby further amended by inserting after
132	132	100section 3B the following section:-
133	133	101 Section 3C. For the purposes of this chapter the following words shall have the following
134	134	102meanings, unless the context clearly indicates otherwise:-
135	135	103 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
136	136	104increase, maintain, or improve the parenting capabilities of a parent with a disability.
137	137	105 “Disability”, a physical or mental impairment that substantially limits one or more major
138	138	106life activities of an individual, a record of such impairment, or being regarded as having such an
139	139	107impairment. This definition shall be broadly interpreted in a manner consistent with the
140	140	108Americans with Disabilities Act Amendments Act of 2008.
141	141	109 “Supportive parenting services”, services that help a parent with a disability compensate
142	142	110for those aspects of the disability that affect their ability to care for their children and that will
143	143	111enable them to discharge their parental responsibilities, including but not limited to, specialized
144	144	112or adapted training, evaluations, assistance with effective use of adaptive equipment, peer 7 of 9
145	145	113supports or other psychosocial parental skill building therapies or services, and accommodations
146	146	114that allow a parent with a disability to benefit from other services, such as braille text or sign
147	147	115language interpreters.
148	148	116 Nothing in this chapter shall allow a parent’s disability or its manifestations to be
149	149	117considered a negative factor in determining whether to terminate parental rights, absent a specific
150	150	118showing by clear and convincing evidence made by the department, that there is a nexus between
151	151	119the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged
152	152	120harm cannot be prevented or alleviated by accommodations for the disability, including adaptive
153	153	121parenting equipment or supportive parenting services.
154	154	122 If the court considers a parent’s disability or its manifestations as a negative factor in
155	155	123determining whether to terminate parental rights, then the court shall make specific written
156	156	124findings as to the nexus between the parent’s disability, or its manifestations, and harm to the
157	157	125child, the impact this has on current parental fitness, and whether adaptive parenting equipment
158	158	126or supportive parenting services can alleviate said harm or render the parent fit; provided further,
159	159	127the court shall dismiss the department’s petition under this section if the court finds that the
160	160	128department acted in violation of this subsection of section 3, or 42 U.S.C. 12132 or 29 U.S.C.
161	161	129794.
162	162	130 SECTION 9. Section 5-101 of chapter 190B, as appearing in the 2018 Official Edition of
163	163	131the General Laws, is hereby amended by inserting before the first paragraph the following
164	164	132paragraph:-
165	165	133 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
166	166	134increase, maintain, or improve the parenting capabilities of a parent with a disability. 8 of 9
167	167	135 SECTION 10. Said section of said chapter, as so appearing, is hereby further amended by
168	168	136striking out the fourth paragraph and inserting in place thereof the following paragraph:-
169	169	137 “Disability”, a physical or mental impairment that substantially limits one or more major
170	170	138life activities of an individual, a record of such impairment, or being regarded as having such an
171	171	139impairment. This definition shall be broadly interpreted in a manner consistent with the
172	172	140Americans with Disabilities Act Amendments Act of 2008.
173	173	141 SECTION 11. Said section of said chapter, as so appearing, is hereby further amended by
174	174	142inserting after the twenty fourth paragraph the following paragraph:-
175	175	143 “Supportive parenting services”, services that help a parent with a disability compensate
176	176	144for those aspects of the disability that affect their ability to care for their children and that will
177	177	145enable them to discharge their parental responsibilities, including, but not limited to, specialized
178	178	146or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
179	179	147supports or other psychosocial parental skill building therapies or services, and accommodations
180	180	148that allow a parent with a disability to benefit from other services, such as braille text or sign
181	181	149language interpreters.
182	182	150 SECTION 12. Said chapter, as so appearing, is hereby further amended by inserting after
183	183	151section 5-204 the following section:-
184	184	152 Section 5-204A. Nothing in this chapter shall allow a parent’s disability or its
185	185	153manifestations to be considered a negative factor in determining whether to appoint a temporary
186	186	154or permanent guardian for a minor child, absent a specific showing by clear and convincing
187	187	155evidence made by the party raising the allegation, that there is a nexus between the parent’s
188	188	156disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot 9 of 9
189	189	157be prevented or alleviated by accommodations for the disability, including adaptive parenting
190	190	158equipment or supportive parenting services.
191	191	159 If the court considers a parent’s disability or its manifestations as a negative factor in a
192	192	160determination of whether to appoint a temporary or permanent guardian for a minor child, then
193	193	161the court shall make specific written findings as to the nexus between the parent’s disability, or
194	194	162its manifestations, and harm to the child, the impact this has on current parental fitness, and
195	195	163whether adaptive parenting equipment or supportive parenting services can alleviate said harm or
196	196	164render the parent fit.