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HOUSE DOCKET, NO. 3656 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1605
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kay Khan
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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 relative to obtaining relief for a child or youth from abuse and harassment.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kay Khan11th Middlesex1/20/2023Vanna Howard17th Middlesex1/31/2023Carol A. Doherty3rd Bristol2/20/2023 1 of 2
HOUSE DOCKET, NO. 3656 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1605
By Representative Khan of Newton, a petition (accompanied by bill, House, No. 1605) of Kay
Khan, Vanna Howard and Carol A. Doherty relative to obtaining relief from abuse and
harassment. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1710 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 relative to obtaining relief for a child or youth from abuse and harassment.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 231 of the General Laws, as appearing in the 2020 Official Edition, is hereby
2amended by striking out section 85P and inserting in place thereof the following section:-
3 Section 85P. (a) Except as otherwise specifically provided by law, any person domiciled
4in the commonwealth who has reached the age of 18 shall for all purposes, and any other person
5who has reached the age of 18 shall with respect to any transaction governed by the law of the
6commonwealth, be deemed of full legal capacity unless legally incapacitated for some reason
7other than insufficient age. 2 of 2
8 (b) Notwithstanding subsection (a), a minor 13 years of age or older may appear in a
9court of competent jurisdiction without a parent, guardian, next friend, counsel, or guardian ad
10litem, for the purpose of requesting or opposing a request for any of the following:
11 (i) an order pursuant to chapter 209A;
12 (ii) an order pursuant to chapter 258E.
13 (c) If a minor at least 13 years of age seeks relief in a matter under subsection (b) and is
14not represented by an attorney, the minor shall be informed that the minor has a right to
15appointed counsel and the court shall appoint an attorney to represent the minor. The minor shall
16also be provided information on local victim advocate organizations. Notwithstanding, the court
17may proceed with an emergency ex parte hearing. Appointment of counsel shall be made through
18the Committee for Public Counsel Services.
19 (d) Subsection (b) shall not prevent a parent, guardian, custodian, or other appropriate
20adult to file or oppose a request for relief in a matter under subsection (b) on behalf of a minor of
21any age. In matters falling under subsection (b) in which a parent, guardian, custodian or other
22appropriate adult has sought relief on behalf of a minor plaintiff 13 years of age or older, the
23court shall consider the expressed wishes of the minor plaintiff in deciding whether to grant
24relief pursuant to subsection (b) and in determining the contents of such an order.