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HOUSE DOCKET, NO. 390 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 1888
The Commonwealth of Massachusetts
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PRESENTED BY:
Joan Meschino
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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 regarding the quantum of proof in care and protection and termination of parental rights
cases.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Joan Meschino3rd Plymouth1/8/2025 1 of 2
HOUSE DOCKET, NO. 390 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 1888
By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 1888) of Joan
Meschino relative to quantum of proof in care and protection and termination of parental rights
cases. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act regarding the quantum of proof in care and protection and termination of parental rights
cases.
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 24 of Chapter 119 of the General Laws is hereby amended by striking out the
2third paragraph and inserting in place thereof the following paragraph:
3 If the court is satisfied after the petitioner testifies under oath that there is reasonable
4cause to believe that: (i) the child is suffering from serious abuse or neglect or is in immediate
5danger of serious abuse or neglect; (ii) immediate removal of the child is necessary to protect the
6child from serious abuse or neglect; and (iii) continuation of the child in their home is contrary to
7their best interests, the court may issue an emergency order transferring custody of the child for
8up to 72 hours to the department or to a licensed child care agency or individual described in
9subclause (i) of clause (2) of subsection (b) of section 26.
10 The court also may make any other appropriate order, including conditions and
11limitations, about the care and custody of the child as may be in the child's best interest, 2 of 2
12including, but not limited to, those set forth in subclauses (1) to (3) of subsection (b) of section
1326. In assessing whether continuation of a child in their home is contrary to their best interests
14under this section and section 29C, the court shall consider the potential short and long term
15harms of transferring custody to the department or to another person or entity, including trauma
16caused by removal of the child from their home.