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| 2 | 2 | | HOUSE DOCKET, NO. 390 FILED ON: 1/8/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1888 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Joan Meschino |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act regarding the quantum of proof in care and protection and termination of parental rights |
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| 13 | 13 | | cases. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Joan Meschino3rd Plymouth1/8/2025 1 of 2 |
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| 17 | 17 | | HOUSE DOCKET, NO. 390 FILED ON: 1/8/2025 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1888 |
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| 19 | 19 | | By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 1888) of Joan |
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| 20 | 20 | | Meschino relative to quantum of proof in care and protection and termination of parental rights |
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| 21 | 21 | | cases. The Judiciary. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act regarding the quantum of proof in care and protection and termination of parental rights |
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| 28 | 28 | | cases. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Section 24 of Chapter 119 of the General Laws is hereby amended by striking out the |
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| 32 | 32 | | 2third paragraph and inserting in place thereof the following paragraph: |
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| 33 | 33 | | 3 If the court is satisfied after the petitioner testifies under oath that there is reasonable |
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| 34 | 34 | | 4cause to believe that: (i) the child is suffering from serious abuse or neglect or is in immediate |
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| 35 | 35 | | 5danger of serious abuse or neglect; (ii) immediate removal of the child is necessary to protect the |
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| 36 | 36 | | 6child from serious abuse or neglect; and (iii) continuation of the child in their home is contrary to |
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| 37 | 37 | | 7their best interests, the court may issue an emergency order transferring custody of the child for |
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| 38 | 38 | | 8up to 72 hours to the department or to a licensed child care agency or individual described in |
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| 39 | 39 | | 9subclause (i) of clause (2) of subsection (b) of section 26. |
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| 40 | 40 | | 10 The court also may make any other appropriate order, including conditions and |
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| 41 | 41 | | 11limitations, about the care and custody of the child as may be in the child's best interest, 2 of 2 |
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| 42 | 42 | | 12including, but not limited to, those set forth in subclauses (1) to (3) of subsection (b) of section |
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| 43 | 43 | | 1326. In assessing whether continuation of a child in their home is contrary to their best interests |
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| 44 | 44 | | 14under this section and section 29C, the court shall consider the potential short and long term |
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| 45 | 45 | | 15harms of transferring custody to the department or to another person or entity, including trauma |
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| 46 | 46 | | 16caused by removal of the child from their home. |
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