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SENATE DOCKET, NO. 1375 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1164
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joan B. Lovely
_________________
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 prohibiting discrimination against adults with disabilities in Family and Juvenile Court
proceedings.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Joan B. LovelySecond Essex 1 of 9
SENATE DOCKET, NO. 1375 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1164
By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1164) of Joan B. Lovely for
legislation to prohibit discrimination against adults with disabilities in family and juvenile court
proceedings. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1037 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act prohibiting discrimination against adults with disabilities in Family and Juvenile Court
proceedings.
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 1. Chapter 208 of the General Laws is hereby amended by inserting after
2section 31A the following section:-
3 Section 31B. For the purposes of this chapter the following words shall have the
4following meanings, unless the context clearly indicates otherwise:-
5 “Adaptive parenting equipment”, any piece of equipment or any item used to increase,
6maintain, or improve the parenting capabilities of a parent with a disability.
7 “Disability”, a physical or mental impairment that substantially limits one or more major
8life activities of an individual, a record of such impairment, or being regarded as having such an 2 of 9
9impairment. This definition shall be broadly interpreted in a manner consistent with the
10Americans with Disabilities Act Amendments Act of 2008.
11 “Supportive parenting services”, services that help a parent with a disability compensate
12for those aspects of the disability that affect their ability to care for their children and that will
13enable them to discharge their parental responsibilities, including, but not limited to, specialized
14or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
15supports or other psychosocial parental skill building therapies or services, and accommodations
16that allow a parent with a disability to benefit from other services, such as braille text or sign
17language interpreters.
18 Nothing in this chapter shall allow a parent’s disability or its manifestations to be
19considered a negative factor in a determination of custody or of parenting time with a minor
20child, absent a specific showing by a preponderance of the evidence made by the party raising
21the allegation, that there is a nexus between the parent’s disability, or its manifestations, and
22alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by
23accommodations for the disability, including adaptive parenting equipment or supportive
24parenting services.
25 If the court considers a parent’s disability or its manifestations as a negative factor in an
26award of custody or of parenting time with a child, then the court shall make specific written
27findings as to the nexus between the parent’s disability, or its manifestations, and harm to the
28child, what effect, if any, said harm has on the best interests of the child, and whether adaptive
29parenting equipment or supportive parenting services can alleviate said harm. 3 of 9
30 SECTION 2. Chapter 209C of the General Laws is hereby amended by inserting after
31section 10 the following section:-
32 Section 10A. For the purposes of this chapter the following words shall have the
33following meanings, unless the context clearly indicates otherwise:-
34 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
35increase, maintain, or improve the parenting capabilities of a parent with a disability.
36 “Disability”, a physical or mental impairment that substantially limits one or more major
37life activities of an individual, a record of such impairment, or being regarded as having such an
38impairment. This definition shall be broadly interpreted in a manner consistent with the
39Americans with Disabilities Act Amendments Act of 2008.
40 “Supportive parenting services”, services that help a parent with a disability compensate
41for those aspects of the disability that affect their ability to care for their children and that will
42enable them to discharge their parental responsibilities, including, but not limited to, specialized
43or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
44supports or other psychosocial parental skill building therapies or services, and accommodations
45that allow a parent with a disability to benefit from other services, such as braille text or sign
46language interpreters.
47 Nothing in this chapter shall allow a parent’s disability or its manifestations to be
48considered a negative factor in a determination of custody or of parenting time with a minor
49child, absent a specific showing by a preponderance of the evidence made by the party raising
50the allegation, that there is a nexus between the parent’s disability, or its manifestations, and
51alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by 4 of 9
52accommodations for the disability, including adaptive parenting equipment or supportive
53parenting services.
54 If the court considers a parent’s disability or its manifestations as a negative factor in an
55award of custody of and or parenting time with a child, then the court shall make specific written
56findings as to the nexus between the parent’s disability, or its manifestations, and harm to the
57child, what effect, if any, said harm has on the best interests of the child, and whether adaptive
58parenting equipment or supportive parenting services can alleviate said harm.
59 SECTION 3. Section 21 of chapter 119 of the General Laws is hereby amended by
60inserting after the second paragraph the following paragraph:-
61 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
62increase, maintain, or improve the parenting capabilities of a parent with a disability.
63 SECTION 4. Section 21 of said chapter 119, as so appearing, is hereby further amended
64by inserting after the eleventh paragraph the following paragraph:-
65 “Disability”, a physical or mental impairment that substantially limits one or more major
66life activities of an individual, a record of such impairment, or being regarded as having such an
67impairment. This definition shall be broadly interpreted in a manner consistent with the
68Americans with Disabilities Act Amendments Act of 2008.
69 SECTION 5. Section 21 of said chapter 119, as so appearing, is hereby further amended
70by inserting after the twenty second paragraph the following paragraph:-
71 “Supportive parenting services”, services that help a parent with a disability compensate
72for those aspects of the disability that affect their ability to care for their children and that will 5 of 9
73enable them to discharge their parental responsibilities, including, but not limited to, specialized
74or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
75supports or other psychosocial parental skill building therapies or services, and accommodations
76that allow a parent with a disability to benefit from other services, such as braille text or sign
77language interpreters.
78 SECTION 6. Chapter 119 of the General Laws is hereby further amended by inserting
79after section 24 the following section:-
80 Section 24A. Nothing in this chapter shall allow a parent’s disability or its
81manifestations, as defined in section 21 of this chapter, to be considered a negative factor in a
82determination of whether a child is in need of care and protection or for the removal of custody
83of a child from a parent, guardian, or other custodian, absent a specific showing by clear and
84convincing evidence made by the department, that there is a nexus between the parent’s
85disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot
86be prevented or alleviated by accommodations for the disability, including adaptive parenting
87equipment or supportive parenting services.
88 If the court considers a parent’s disability or its manifestations as a negative factor in
89determining that a child is in need of care and protection or for the removal of custody of a child
90from a parent, guardian, or other custodian, then the court shall make specific written findings as
91to the nexus between the parent’s disability, or its manifestations, and harm to the child, the
92impact this has on current parental fitness, and whether adaptive parenting equipment or
93supportive parenting services can alleviate said harm or render the parent fit. 6 of 9
94 SECTION 7. Section 3 of chapter 210 of the General Laws is hereby amended by striking
95out subsection (c)(xii) and inserting in place thereof the following subsection:-
96 Section 3(c)(xii). A failure of a parent to discharge parental responsibilities that is
97reasonably likely to continue for a prolonged, indeterminate period, and that results in harm to
98the child, and cannot be alleviated by adequate accommodations, including adaptive parenting
99equipment or supportive parenting services.
100 SECTION 8. Chapter 210, as so appearing, is hereby further amended by inserting after
101section 3B the following section:-
102 Section 3C. For the purposes of this chapter the following words shall have the following
103meanings, unless the context clearly indicates otherwise:-
104 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
105increase, maintain, or improve the parenting capabilities of a parent with a disability.
106 “Disability”, a physical or mental impairment that substantially limits one or more major
107life activities of an individual, a record of such impairment, or being regarded as having such an
108impairment. This definition shall be broadly interpreted in a manner consistent with the
109Americans with Disabilities Act Amendments Act of 2008.
110 “Supportive parenting services”, services that help a parent with a disability compensate
111for those aspects of the disability that affect their ability to care for their children and that will
112enable them to discharge their parental responsibilities, including but not limited to, specialized
113or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
114supports or other psychosocial parental skill building therapies or services, and accommodations 7 of 9
115that allow a parent with a disability to benefit from other services, such as braille text or sign
116language interpreters.
117 Nothing in this chapter shall allow a parent’s disability or its manifestations to be
118considered a negative factor in determining whether to terminate parental rights, absent a specific
119showing by clear and convincing evidence made by the department, that there is a nexus between
120the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged
121harm cannot be prevented or alleviated by accommodations for the disability, including adaptive
122parenting equipment or supportive parenting services.
123 If the court considers a parent’s disability or its manifestations as a negative factor in
124determining whether to terminate parental rights, then the court shall make specific written
125findings as to the nexus between the parent’s disability, or its manifestations, and harm to the
126child, the impact this has on current parental fitness, and whether adaptive parenting equipment
127or supportive parenting services can alleviate said harm or render the parent fit; provided further,
128the court shall dismiss the department’s petition under this section if the court finds that the
129department acted in violation of this subsection of section 3, or 42 U.S.C. 12132 or 29 U.S.C.
130794.
131 SECTION 9. Section 5-101 of chapter 190B of the General Laws is hereby amended by
132inserting before the first paragraph the following paragraph:-
133 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
134increase, maintain, or improve the parenting capabilities of a parent with a disability. 8 of 9
135 SECTION 10. Section 5-101 of said chapter 190B, as so appearing, is hereby further
136amended by striking out the fourth paragraph and inserting in place thereof the following
137paragraph:-
138 “Disability”, a physical or mental impairment that substantially limits one or more major
139life activities of an individual, a record of such impairment, or being regarded as having such an
140impairment. This definition shall be broadly interpreted in a manner consistent with the
141Americans with Disabilities Act Amendments Act of 2008.
142 SECTION 11. Section 5-101 of said chapter 190B, as so appearing, is hereby further
143amended by inserting after the twenty fourth paragraph the following paragraph:-
144 “Supportive parenting services”, services that help a parent with a disability compensate
145for those aspects of the disability that affect their ability to care for their children and that will
146enable them to discharge their parental responsibilities, including, but not limited to, specialized
147or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
148supports or other psychosocial parental skill building therapies or services, and accommodations
149that allow a parent with a disability to benefit from other services, such as braille text or sign
150language interpreters.
151 SECTION 12. Chapter 190B of the General Laws is hereby amended by inserting after
152section 5-204 the following section:-
153 Section 5-204A. Nothing in this chapter shall allow a parent’s disability or its
154manifestations to be considered a negative factor in determining whether to appoint a temporary
155or permanent guardian for a minor child, absent a specific showing by clear and convincing
156evidence made by the party raising the allegation, that there is a nexus between the parent’s 9 of 9
157disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot
158be prevented or alleviated by accommodations for the disability, including adaptive parenting
159equipment or supportive parenting services.
160 If the court considers a parent’s disability or its manifestations as a negative factor in a
161determination of whether to appoint a temporary or permanent guardian for a minor child, then
162the court shall make specific written findings as to the nexus between the parent’s disability, or
163its manifestations, and harm to the child, the impact this has on current parental fitness, and
164whether adaptive parenting equipment or supportive parenting services can alleviate said harm or
165render the parent fit.