Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1679 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2585 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1679
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan Meschino
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 improving legal and administrative proceedings for court-involved children and families.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Joan Meschino3rd Plymouth1/18/2023Lindsay N. Sabadosa1st Hampshire1/19/2023Natalie M. Higgins4th Worcester2/23/2023 1 of 6
16	16	HOUSE DOCKET, NO. 2585 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1679
18	18	By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 1679) of Joan
19	19	Meschino, Lindsay N. Sabadosa and Natalie M. Higgins relative to improving legal and
20	20	administrative proceedings for court-involved children and families. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act improving legal and administrative proceedings for court-involved children and families.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 21 of chapter 119 of the General Laws is hereby amended by
30	30	2striking out paragraph 9 and inserting in place thereof following new paragraph:-
31	31	3 “Custody”, the power to: (1) determine a child's place of abode, medical care and
32	32	4education; (2) control visits to a child; and (3) consent to enlistments, marriages and other
33	33	5contracts otherwise requiring parental consent. If a child, parent or guardian objects to the
34	34	6carrying out of any power conferred by this paragraph, that child, parent or guardian may take
35	35	7application to the committing court, and the court shall take evidence and make a de novo
36	36	8determination and order on the matter. The court may also make any such determination or order
37	37	9sua sponte. If the court determines it to be in the child’s best interests, the court may order the
38	38	10department to move a child or place a child in a specific foster home, residential program, or
39	39	11other placement and may order the guardian or custodian of a child, including the department, to
40	40	12provide visits and other contact under the conditions, with the frequency, and of a duration 2 of 6
41	41	13specified by the court, between the child and the child’s sibling, half-sibling, parent, guardian,
42	42	14custodian or other person.
43	43	15 SECTION 2. Section 21A of chapter 119 of the General Laws is hereby amended by
44	44	16striking out said section and inserting in place thereof the following:-
45	45	17 Section 21A. Evidence in proceedings under sections 21 to 51H, inclusive, shall be
46	46	18admissible according to the rules of the common law and the General Laws. The court may
47	47	19appoint a neutral investigator to investigate facts relating to the welfare of the child. The
48	48	20investigator may, at the court’s direction, file with the court a full report, under oath, of all facts
49	49	21obtained as a result of the investigation. The report shall be admissible in evidence if offered by a
50	50	22party or, upon 30 days’ notice to all parties, by the court. The investigator may be called as a
51	51	23witness by any party for examination as to the statements made in the report. The examination
52	52	24shall be conducted as though it were on cross-examination. Reports written by parties or their
53	53	25experts shall not be admissible in proceedings under section 21 to 51H, inclusive, unless such
54	54	26reports are otherwise required to be prepared under the General Laws. Evidence may include
55	55	27testimony of foster parents or pre-adoptive parents concerning the welfare of a child if such child
56	56	28has been in the care of the foster or pre-adoptive parents for six months or more, and may
57	57	29include the testimony of the child if the court determines that the child is competent and willing,
58	58	30after consultation with appointed counsel, to testify.
59	59	31 SECTION 3. Section 23 of chapter 119 of the General Laws is hereby amended by
60	60	32deleting paragraph (a)(3) and inserting in place thereof the following:-
61	61	33 (a) (3) If a child is without proper guardianship due to death, unavailability, incapacity or
62	62	34unfitness of a parent or guardian or with the consent of a parent or parents, the department may 3 of 6
63	63	35seek, and shall accept, an order of the probate court granting responsibility for the child to the
64	64	36department. Such responsibility shall include the right to: (i) determine the child’s abode,
65	65	37medical care and education; (ii) control visits to the child; (iii) consent to enlistments, marriages
66	66	38and other contracts requiring parental consent; and (iv) consent to adoption only when it is
67	67	39expressly included in an order of the court. If a child, parent or guardian objects to the carrying
68	68	40out of any power conferred by this paragraph, that child, parent or guardian may take application
69	69	41to the committing court, and the court shall take evidence and make a de novo determination and
70	70	42order on the matter. The court may also make any such determination or order sua sponte. If the
71	71	43court determines it to be in the child’s best interests, the court may order the department to move
72	72	44a child or place a child in a specific foster home, residential program, or other placement and
73	73	45may order the guardian or custodian of a child, including the department, to provide visits and
74	74	46other contact under the conditions, with the frequency, and of a duration specified by the court,
75	75	47between the child and the child’s sibling, half-sibling, parent, guardian, custodian or other
76	76	48person. In making any order under this clause, the probate court shall consider section 29C and
77	77	49shall make the written certification and determinations required by said section 29C. If a child is
78	78	50in the care of the department of mental health or the department of developmental services, the
79	79	51responsibility for the child as described in this section and all rights therein contained shall
80	80	52continue in the department. If a person with mental retardation who has been declared mentally
81	81	53incompetent was the responsibility of the department prior to reaching the age of 18, the
82	82	54department shall continue to exercise responsibility for that person until that person is declared to
83	83	55be no longer legally incompetent. 4 of 6
84	84	56 SECTION 4. Section 24 of chapter 119 of the General Laws is hereby amended by
85	85	57striking out, in line 38, the words “subclause (ii)” and inserting in place thereof the following
86	86	58words:-
87	87	59 subclause (i).
88	88	60 SECTION 5. Section 24 of chapter 119 of the General Laws is hereby amended by
89	89	61striking out paragraph 5.
90	90	62 SECTION 6. Chapter 119 of the General Laws is hereby amended by inserting, after
91	91	63section 25, the following new section:-
92	92	64 Section 25A. (1) Any time after granting temporary custody of a child to the department,
93	93	65the court may review and revise that order sua sponte to allow for the child to be placed in the
94	94	66custody of a parent, guardian, custodian, or a suitable third party.
95	95	67 (2) No sooner than 60 days after the filing of the care and protection petition under
96	96	68section 24, any parent or child may file a motion requesting a hearing under subsection (1). If the
97	97	69parent or child alleges that there has been a material change in circumstances, the court shall take
98	98	70evidence on the issue to determine whether a modification of the order is warranted.
99	99	71 (3) If a parent or a child waived the right to a temporary custody hearing or the right to a
100	100	72hearing as to who should be the custodian of the child under section 24, the court, upon request
101	101	73of the parent or child, shall afford the parent or child a hearing under subsection (1), regardless
102	102	74of whether there has been a change of circumstances and regardless of how soon the request was
103	103	75made after the filing of the care and protection petition. 5 of 6
104	104	76 SECTION 7. Section 26 (a) of chapter 119 of the General Laws is hereby amended by
105	105	77inserting after the words, “section 21A”, the following words:-
106	106	78 if any,
107	107	79 SECTION 8. Section 26 (a) of chapter 119 of the General Laws is hereby amended by
108	108	80inserting after the first sentence the following new sentence:-
109	109	81 The court may thereafter grant temporary or permanent custody of the child to the child’s
110	110	82parent without a finding that the child’s other parent is unfit or adjudicating the child in need of
111	111	83care and protection.
112	112	84 SECTION 9. Clause (2) of subsection (b) of section 26 of chapter 119 is hereby amended
113	113	85by striking out subclause (i) and inserting in place thereof the following subclause:-
114	114	86 (i) any person, including the child’s parent, who is found by the court to be qualified to
115	115	87give care to the child;.
116	116	88 SECTION 10. Section 3 of chapter 210 of the General Laws is hereby amended by
117	117	89adding the following subsection:-
118	118	90 (e) For the purposes of this subsection, the term “child” shall include a young adult as
119	119	91defined in section 21 of chapter 119. If at least two years have passed since the court entered an
120	120	92order terminating parental rights pursuant to this chapter or chapter 119, a child whose parents
121	121	93were the subject of that order may file a motion requesting that the court vacate the order with
122	122	94respect to 1 or both of the child’s former parents, but only if all of the following apply: (i) the
123	123	95child is at least 12 years of age; (ii) the court has determined, after a hearing under section 29B
124	124	96of chapter 119, that adoption is no longer the permanency plan for the child; and (iii) either the 6 of 6
125	125	97child has not been adopted or, if the child has been adopted, a court has entered an order
126	126	98terminating the parental rights of the child’s adoptive parents or the adoptive parents have
127	127	99voluntarily surrendered their parental rights. The child shall sign the motion in the absence of a
128	128	100showing of good cause as to why the child is unable to sign the motion. The court shall order that
129	129	101an evidentiary hearing be held and provide notice, in the manner prescribed for a petition filed
130	130	102pursuant to section 24 of chapter 119, of the hearing to the child’s former parents. Neither parent
131	131	103shall be considered a party for the purpose of the motion, nor shall either have an independent
132	132	104right to be heard, though a parent’s testimony may be offered into evidence if the parent is called
133	133	105as a witness by a party. The court shall grant the motion if it determines by a preponderance of
134	134	106evidence that vacating the order terminating parental rights is in the child’s best interests. The
135	135	107court shall specify in writing the factual basis for its determination. As soon as practicable after
136	136	108granting the motion, the court shall enter an order pursuant to subsection (b) of section 26 of
137	137	109chapter 119, provided that the order is in the best interests of the child.
138	138	110 SECTION 11. Section 10 of this act shall apply regardless of whether the two year
139	139	111requirement is met before, on, or after the effective date of this act.