Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1037 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 679 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1037
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan B. Lovely
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 :Joan B. LovelySecond EssexSal N. DiDomenicoMiddlesex and Suffolk1/30/2023Michael O. MooreSecond Worcester2/8/2023Jack Patrick Lewis7th Middlesex2/8/2023Carmine Lawrence Gentile13th Middlesex2/8/2023James B. EldridgeMiddlesex and Worcester2/21/2023 1 of 9
17	17	SENATE DOCKET, NO. 679 FILED ON: 1/17/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1037
19	19	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1037) of Joan B. Lovely, Sal N.
20	20	DiDomenico, Michael O. Moore, Jack Patrick Lewis and other members of the General Court for
21	21	legislation to prohibit discrimination against adults with disabilities in family and juvenile court
22	22	proceedings. The Judiciary.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE SENATE, NO. 1083 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act prohibiting discrimination against adults with disabilities in family and juvenile court
31	31	proceedings.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. Chapter 208, as appearing in the 2020 Official Edition of the General Laws,
35	35	2is hereby amended by inserting after section 31A the following section:-
36	36	3 Section 31B. For the purposes of this chapter the following words shall have the
37	37	4following meanings, unless the context clearly indicates otherwise:-
38	38	5 “Adaptive parenting equipment”, any piece of equipment or any item used to increase,
39	39	6maintain, or improve the parenting capabilities of a parent with a disability.
40	40	7 “Disability”, a physical or mental impairment that substantially limits one or more major
41	41	8life activities of an individual, a record of such impairment, or being regarded as having such an 2 of 9
42	42	9impairment. This definition shall be broadly interpreted in a manner consistent with the
43	43	10Americans with Disabilities Act Amendments Act of 2008.
44	44	11 “Supportive parenting services”, services that help a parent with a disability compensate
45	45	12for those aspects of the disability that affect their ability to care for their children and that will
46	46	13enable them to discharge their parental responsibilities, including, but not limited to, specialized
47	47	14or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
48	48	15supports or other psychosocial parental skill building therapies or services, and accommodations
49	49	16that allow a parent with a disability to benefit from other services, such as braille text or sign
50	50	17language interpreters.
51	51	18 Nothing in this chapter shall allow a parent’s disability or its manifestations to be
52	52	19considered a negative factor in a determination of custody or of parenting time with a minor
53	53	20child, absent a specific showing by a preponderance of the evidence made by the party raising
54	54	21the allegation, that there is a nexus between the parent’s disability, or its manifestations, and
55	55	22alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by
56	56	23accommodations for the disability, including adaptive parenting equipment or supportive
57	57	24parenting services.
58	58	25 If the court considers a parent’s disability or its manifestations as a negative factor in an
59	59	26award of custody or of parenting time with a child, then the court shall make specific written
60	60	27findings as to the nexus between the parent’s disability, or its manifestations, and harm to the
61	61	28child, what effect, if any, said harm has on the best interests of the child, and whether adaptive
62	62	29parenting equipment or supportive parenting services can alleviate said harm. 3 of 9
63	63	30 SECTION 2. Chapter 209C, as appearing in the 2020 Official Edition of the General
64	64	31Laws, is hereby amended by inserting after section 10 the following section:-
65	65	32 Section 10A. For the purposes of this chapter the following words shall have the
66	66	33following meanings, unless the context clearly indicates otherwise:-
67	67	34 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
68	68	35increase, maintain, or improve the parenting capabilities of a parent with a disability.
69	69	36 “Disability”, a physical or mental impairment that substantially limits one or more major
70	70	37life activities of an individual, a record of such impairment, or being regarded as having such an
71	71	38impairment. This definition shall be broadly interpreted in a manner consistent with the
72	72	39Americans with Disabilities Act Amendments Act of 2008.
73	73	40 “Supportive parenting services”, services that help parents with a disability compensate
74	74	41for those aspects of the disability that affect their ability to care for their children and that will
75	75	42enable them to discharge their parental responsibilities. The term includes, but is not limited to,
76	76	43specialized or adapted training, evaluations, and assistance with effective use of adaptive
77	77	44equipment, as well as accommodations that allow a parent with a disability to benefit from other
78	78	45services, such as braille text or sign language interpreters.
79	79	46 Nothing in this chapter shall allow a parent’s disability or its manifestations to be
80	80	47considered a negative factor in a determination of custody or of parenting time with a minor
81	81	48child, absent a specific showing by a preponderance of the evidence made by the party raising
82	82	49the allegation, that there is a nexus between the parent’s disability, or its manifestations, and
83	83	50alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by 4 of 9
84	84	51accommodations for the disability, including adaptive parenting equipment or supportive
85	85	52parenting services.
86	86	53 If the court considers a parent’s disability or its manifestations as a negative factor in an
87	87	54award of custody of and or parenting time with a child, then the court shall make specific written
88	88	55findings as to the nexus between the parent’s disability, or its manifestations, and harm to the
89	89	56child, what effect, if any, said harm has on the best interests of the child, and whether adaptive
90	90	57parenting equipment or supportive parenting services can alleviate said harm.
91	91	58 SECTION 3. Section 21 of chapter 119, as appearing in the 2020 Official Edition, is
92	92	59hereby amended by inserting after the second paragraph the following paragraph:-
93	93	60 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
94	94	61increase, maintain, or improve the parenting capabilities of a parent with a disability.
95	95	62 SECTION 4. Said section of said chapter as so appearing, is hereby further amended by
96	96	63inserting after the eleventh paragraph the following paragraph:-
97	97	64 “Disability”, a physical or mental impairment that substantially limits one or more major
98	98	65life activities of an individual, a record of such impairment, or being regarded as having such an
99	99	66impairment. This definition shall be broadly interpreted in a manner consistent with the
100	100	67Americans with Disabilities Act Amendments Act of 2008.
101	101	68 SECTION 5. Said section of said chapter, as so appearing, is hereby further amended by
102	102	69inserting after the twenty second paragraph the following paragraph:-
103	103	70 “Supportive parenting services”, services that help parents with a disability compensate
104	104	71for those aspects of the disability that affect their ability to care for their children and that will 5 of 9
105	105	72enable them to discharge their parental responsibilities. The term includes, but is not limited to,
106	106	73specialized or adapted training, evaluations, and assistance with effective use of adaptive
107	107	74equipment, as well as accommodations that allow a parent with a disability to benefit from other
108	108	75services, such as braille text or sign language interpreters.
109	109	76 SECTION 6. Said chapter, as so appearing, is hereby further amended by inserting after
110	110	77section 24 the following section:-
111	111	78 Section 24A. Nothing in this chapter shall allow a parent’s disability or its
112	112	79manifestations, as defined in section 21 of this chapter, to be considered a negative factor in a
113	113	80determination of whether a child is in need of care and protection or for the removal of custody
114	114	81of a child from a parent, guardian, or other custodian, absent a specific showing by clear and
115	115	82convincing evidence made by the department, that there is a nexus between the parent’s
116	116	83disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot
117	117	84be prevented or alleviated by accommodations for the disability, including adaptive parenting
118	118	85equipment or supportive parenting services.
119	119	86 If the court considers a parent’s disability or its manifestations as a negative factor in
120	120	87determining that a child is in need of care and protection or for the removal of custody of a child
121	121	88from a parent, guardian, or other custodian, then the court shall make specific written findings as
122	122	89to the nexus between the parent’s disability, or its manifestations, and harm to the child, the
123	123	90impact this has on current parental fitness, and whether adaptive parenting equipment or
124	124	91supportive parenting services can alleviate said harm or render the parent fit. 6 of 9
125	125	92 SECTION 7. Section 3 of chapter 210, as appearing in the 2020 Official Edition of the
126	126	93General Laws, is hereby amended by striking out subsection (c)(xii), as appearing in the 2020
127	127	94Official Edition, and inserting in place thereof the following subsection:-
128	128	95 Section 3(c)(xii). A failure of a parent to discharge parental responsibilities that is
129	129	96reasonably likely to continue for a prolonged, indeterminate period, and that results in harm to
130	130	97the child, and cannot be alleviated by adequate accommodations, including adaptive parenting
131	131	98equipment or supportive parenting services.
132	132	99 SECTION 8. Chapter 210, as so appearing, is hereby further amended by inserting after
133	133	100section 3B the following section:-
134	134	101 Section 3C. For the purposes of this chapter the following words shall have the following
135	135	102meanings, unless the context clearly indicates otherwise:-
136	136	103 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
137	137	104increase, maintain, or improve the parenting capabilities of a parent with a disability.
138	138	105 “Disability”, a physical or mental impairment that substantially limits one or more major
139	139	106life activities of an individual, a record of such impairment, or being regarded as having such an
140	140	107impairment. This definition shall be broadly interpreted in a manner consistent with the
141	141	108Americans with Disabilities Act Amendments Act of 2008.
142	142	109 “Supportive parenting services”, services that help a parent with a disability compensate
143	143	110for those aspects of the disability that affect their ability to care for their children and that will
144	144	111enable them to discharge their parental responsibilities, including but not limited to, specialized
145	145	112or adapted training, evaluations, assistance with effective use of adaptive equipment, peer 7 of 9
146	146	113supports or other psychosocial parental skill building therapies or services, and accommodations
147	147	114that allow a parent with a disability to benefit from other services, such as braille text or sign
148	148	115language interpreters.
149	149	116 Nothing in this chapter shall allow a parent’s disability or its manifestations to be
150	150	117considered a negative factor in determining whether to terminate parental rights, absent a specific
151	151	118showing by clear and convincing evidence made by the department, that there is a nexus between
152	152	119the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged
153	153	120harm cannot be prevented or alleviated by accommodations for the disability, including adaptive
154	154	121parenting equipment or supportive parenting services.
155	155	122 If the court considers a parent’s disability or its manifestations as a negative factor in
156	156	123determining whether to terminate parental rights, then the court shall make specific written
157	157	124findings as to the nexus between the parent’s disability, or its manifestations, and harm to the
158	158	125child, the impact this has on current parental fitness, and whether adaptive parenting equipment
159	159	126or supportive parenting services can alleviate said harm or render the parent fit; provided further,
160	160	127the court shall dismiss the department’s petition under this section if the court finds that the
161	161	128department acted in violation of this subsection of section 3, or 42 U.S.C. 12132 or 29 U.S.C.
162	162	129794.
163	163	130 SECTION 9. Section 5-101 of chapter 190B, as appearing in the 2020 Official Edition of
164	164	131the General Laws, is hereby amended by inserting before the first paragraph the following
165	165	132paragraph:-
166	166	133 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
167	167	134increase, maintain, or improve the parenting capabilities of a parent with a disability. 8 of 9
168	168	135 SECTION 10. Said section of said chapter, as so appearing, is hereby further amended by
169	169	136striking out the fourth paragraph and inserting in place thereof the following paragraph:-
170	170	137 “Disability”, a physical or mental impairment that substantially limits one or more major
171	171	138life activities of an individual, a record of such impairment, or being regarded as having such an
172	172	139impairment. This definition shall be broadly interpreted in a manner consistent with the
173	173	140Americans with Disabilities Act Amendments Act of 2008.
174	174	141 SECTION 11. Said section of said chapter, as so appearing, is hereby further amended by
175	175	142inserting after the twenty fourth paragraph the following paragraph:-
176	176	143 “Supportive parenting services”, services that help a parent with a disability compensate
177	177	144for those aspects of the disability that affect their ability to care for their children and that will
178	178	145enable them to discharge their parental responsibilities, including, but not limited to, specialized
179	179	146or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
180	180	147supports or other psychosocial parental skill building therapies or services, and accommodations
181	181	148that allow a parent with a disability to benefit from other services, such as braille text or sign
182	182	149language interpreters.
183	183	150 SECTION 12. Said chapter, as so appearing, is hereby further amended by inserting after
184	184	151section 5-204 the following section:-
185	185	152 Section 5-204A. Nothing in this chapter shall allow a parent’s disability or its
186	186	153manifestations to be considered a negative factor in determining whether to appoint a temporary
187	187	154or permanent guardian for a minor child, absent a specific showing by clear and convincing
188	188	155evidence made by the party raising the allegation, that there is a nexus between the parent’s
189	189	156disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot 9 of 9
190	190	157be prevented or alleviated by accommodations for the disability, including adaptive parenting
191	191	158equipment or supportive parenting services.
192	192	159 If the court considers a parent’s disability or its manifestations as a negative factor in a
193	193	160determination of whether to appoint a temporary or permanent guardian for a minor child, then
194	194	161the court shall make specific written findings as to the nexus between the parent’s disability, or
195	195	162its manifestations, and harm to the child, the impact this has on current parental fitness, and
196	196	163whether adaptive parenting equipment or supportive parenting services can alleviate said harm or
197	197	164render the parent fit.