1 of 1
HOUSE DOCKET, NO. 3071 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3596
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Judith A. Garcia
_________________
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 service of process.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Judith A. Garcia11th Suffolk1/20/2023Samantha Montaño15th Suffolk3/21/2023 1 of 1
HOUSE DOCKET, NO. 3071 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3596
By Representative Garcia of Chelsea, a petition (accompanied by bill, House, No. 3596) of
Judith A. Garcia and Samantha Montaño relative to improper service of process in certain
custody or legal status of children cases. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to service of process.
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 39M of chapter 119 of the General Laws, as appearing in the 2020 Official
2Edition, is hereby amended by adding the following subsection:-
3 (i) A parent’s purposeful action to avoid proper service of process of court documents
4related to the custody or legal status of their child shall be considered neglect and abandonment
5for the purposes of a special findings determination pursuant to subsection (b); provided,
6however, that a court shall not consider improper service of process to be neglect or
7abandonment pursuant to said subsection (b) where a parent lives outside of the United States, in
8a rural area or in any other location where proper service of process is not possible; and provided
9further that if unable to locate and serve documents in hand, where publication may not also be
10feasible, electronic notification should be considered an acceptable alternate service.