Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1164 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. 1375 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1164
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 Essex 1 of 9
17	17	SENATE DOCKET, NO. 1375 FILED ON: 1/16/2025
18	18	SENATE . . . . . . . . . . . . . . No. 1164
19	19	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1164) of Joan B. Lovely for
20	20	legislation to prohibit discrimination against adults with disabilities in family and juvenile court
21	21	proceedings. The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1037 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act prohibiting discrimination against adults with disabilities in Family and Juvenile Court
30	30	proceedings.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 208 of the General Laws is hereby amended by inserting after
34	34	2section 31A the following section:-
35	35	3 Section 31B. For the purposes of this chapter the following words shall have the
36	36	4following meanings, unless the context clearly indicates otherwise:-
37	37	5 “Adaptive parenting equipment”, any piece of equipment or any item used to increase,
38	38	6maintain, or improve the parenting capabilities of a parent with a disability.
39	39	7 “Disability”, a physical or mental impairment that substantially limits one or more major
40	40	8life activities of an individual, a record of such impairment, or being regarded as having such an 2 of 9
41	41	9impairment. This definition shall be broadly interpreted in a manner consistent with the
42	42	10Americans with Disabilities Act Amendments Act of 2008.
43	43	11 “Supportive parenting services”, services that help a parent with a disability compensate
44	44	12for those aspects of the disability that affect their ability to care for their children and that will
45	45	13enable them to discharge their parental responsibilities, including, but not limited to, specialized
46	46	14or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
47	47	15supports or other psychosocial parental skill building therapies or services, and accommodations
48	48	16that allow a parent with a disability to benefit from other services, such as braille text or sign
49	49	17language interpreters.
50	50	18 Nothing in this chapter shall allow a parent’s disability or its manifestations to be
51	51	19considered a negative factor in a determination of custody or of parenting time with a minor
52	52	20child, absent a specific showing by a preponderance of the evidence made by the party raising
53	53	21the allegation, that there is a nexus between the parent’s disability, or its manifestations, and
54	54	22alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by
55	55	23accommodations for the disability, including adaptive parenting equipment or supportive
56	56	24parenting services.
57	57	25 If the court considers a parent’s disability or its manifestations as a negative factor in an
58	58	26award of custody or of parenting time with a child, then the court shall make specific written
59	59	27findings as to the nexus between the parent’s disability, or its manifestations, and harm to the
60	60	28child, what effect, if any, said harm has on the best interests of the child, and whether adaptive
61	61	29parenting equipment or supportive parenting services can alleviate said harm. 3 of 9
62	62	30 SECTION 2. Chapter 209C of the General Laws is hereby amended by inserting after
63	63	31section 10 the following section:-
64	64	32 Section 10A. For the purposes of this chapter the following words shall have the
65	65	33following meanings, unless the context clearly indicates otherwise:-
66	66	34 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
67	67	35increase, maintain, or improve the parenting capabilities of a parent with a disability.
68	68	36 “Disability”, a physical or mental impairment that substantially limits one or more major
69	69	37life activities of an individual, a record of such impairment, or being regarded as having such an
70	70	38impairment. This definition shall be broadly interpreted in a manner consistent with the
71	71	39Americans with Disabilities Act Amendments Act of 2008.
72	72	40 “Supportive parenting services”, services that help a parent with a disability compensate
73	73	41for those aspects of the disability that affect their ability to care for their children and that will
74	74	42enable them to discharge their parental responsibilities, including, but not limited to, specialized
75	75	43or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
76	76	44supports or other psychosocial parental skill building therapies or services, and accommodations
77	77	45that allow a parent with a disability to benefit from other services, such as braille text or sign
78	78	46language interpreters.
79	79	47 Nothing in this chapter shall allow a parent’s disability or its manifestations to be
80	80	48considered a negative factor in a determination of custody or of parenting time with a minor
81	81	49child, absent a specific showing by a preponderance of the evidence made by the party raising
82	82	50the allegation, that there is a nexus between the parent’s disability, or its manifestations, and
83	83	51alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by 4 of 9
84	84	52accommodations for the disability, including adaptive parenting equipment or supportive
85	85	53parenting services.
86	86	54 If the court considers a parent’s disability or its manifestations as a negative factor in an
87	87	55award of custody of and or parenting time with a child, then the court shall make specific written
88	88	56findings as to the nexus between the parent’s disability, or its manifestations, and harm to the
89	89	57child, what effect, if any, said harm has on the best interests of the child, and whether adaptive
90	90	58parenting equipment or supportive parenting services can alleviate said harm.
91	91	59 SECTION 3. Section 21 of chapter 119 of the General Laws is hereby amended by
92	92	60inserting after the second paragraph the following paragraph:-
93	93	61 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
94	94	62increase, maintain, or improve the parenting capabilities of a parent with a disability.
95	95	63 SECTION 4. Section 21 of said chapter 119, as so appearing, is hereby further amended
96	96	64by inserting after the eleventh paragraph the following paragraph:-
97	97	65 “Disability”, a physical or mental impairment that substantially limits one or more major
98	98	66life activities of an individual, a record of such impairment, or being regarded as having such an
99	99	67impairment. This definition shall be broadly interpreted in a manner consistent with the
100	100	68Americans with Disabilities Act Amendments Act of 2008.
101	101	69 SECTION 5. Section 21 of said chapter 119, as so appearing, is hereby further amended
102	102	70by inserting after the twenty second paragraph the following paragraph:-
103	103	71 “Supportive parenting services”, services that help a parent with a disability compensate
104	104	72for those aspects of the disability that affect their ability to care for their children and that will 5 of 9
105	105	73enable them to discharge their parental responsibilities, including, but not limited to, specialized
106	106	74or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
107	107	75supports or other psychosocial parental skill building therapies or services, and accommodations
108	108	76that allow a parent with a disability to benefit from other services, such as braille text or sign
109	109	77language interpreters.
110	110	78 SECTION 6. Chapter 119 of the General Laws is hereby further amended by inserting
111	111	79after section 24 the following section:-
112	112	80 Section 24A. Nothing in this chapter shall allow a parent’s disability or its
113	113	81manifestations, as defined in section 21 of this chapter, to be considered a negative factor in a
114	114	82determination of whether a child is in need of care and protection or for the removal of custody
115	115	83of a child from a parent, guardian, or other custodian, absent a specific showing by clear and
116	116	84convincing evidence made by the department, that there is a nexus between the parent’s
117	117	85disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot
118	118	86be prevented or alleviated by accommodations for the disability, including adaptive parenting
119	119	87equipment or supportive parenting services.
120	120	88 If the court considers a parent’s disability or its manifestations as a negative factor in
121	121	89determining that a child is in need of care and protection or for the removal of custody of a child
122	122	90from a parent, guardian, or other custodian, then the court shall make specific written findings as
123	123	91to the nexus between the parent’s disability, or its manifestations, and harm to the child, the
124	124	92impact this has on current parental fitness, and whether adaptive parenting equipment or
125	125	93supportive parenting services can alleviate said harm or render the parent fit. 6 of 9
126	126	94 SECTION 7. Section 3 of chapter 210 of the General Laws is hereby amended by striking
127	127	95out subsection (c)(xii) and inserting in place thereof the following subsection:-
128	128	96 Section 3(c)(xii). A failure of a parent to discharge parental responsibilities that is
129	129	97reasonably likely to continue for a prolonged, indeterminate period, and that results in harm to
130	130	98the child, and cannot be alleviated by adequate accommodations, including adaptive parenting
131	131	99equipment or supportive parenting services.
132	132	100 SECTION 8. Chapter 210, as so appearing, is hereby further amended by inserting after
133	133	101section 3B the following section:-
134	134	102 Section 3C. For the purposes of this chapter the following words shall have the following
135	135	103meanings, unless the context clearly indicates otherwise:-
136	136	104 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
137	137	105increase, maintain, or improve the parenting capabilities of a parent with a disability.
138	138	106 “Disability”, a physical or mental impairment that substantially limits one or more major
139	139	107life activities of an individual, a record of such impairment, or being regarded as having such an
140	140	108impairment. This definition shall be broadly interpreted in a manner consistent with the
141	141	109Americans with Disabilities Act Amendments Act of 2008.
142	142	110 “Supportive parenting services”, services that help a parent with a disability compensate
143	143	111for those aspects of the disability that affect their ability to care for their children and that will
144	144	112enable them to discharge their parental responsibilities, including but not limited to, specialized
145	145	113or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
146	146	114supports or other psychosocial parental skill building therapies or services, and accommodations 7 of 9
147	147	115that allow a parent with a disability to benefit from other services, such as braille text or sign
148	148	116language interpreters.
149	149	117 Nothing in this chapter shall allow a parent’s disability or its manifestations to be
150	150	118considered a negative factor in determining whether to terminate parental rights, absent a specific
151	151	119showing by clear and convincing evidence made by the department, that there is a nexus between
152	152	120the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged
153	153	121harm cannot be prevented or alleviated by accommodations for the disability, including adaptive
154	154	122parenting equipment or supportive parenting services.
155	155	123 If the court considers a parent’s disability or its manifestations as a negative factor in
156	156	124determining whether to terminate parental rights, then the court shall make specific written
157	157	125findings as to the nexus between the parent’s disability, or its manifestations, and harm to the
158	158	126child, the impact this has on current parental fitness, and whether adaptive parenting equipment
159	159	127or supportive parenting services can alleviate said harm or render the parent fit; provided further,
160	160	128the court shall dismiss the department’s petition under this section if the court finds that the
161	161	129department acted in violation of this subsection of section 3, or 42 U.S.C. 12132 or 29 U.S.C.
162	162	130794.
163	163	131 SECTION 9. Section 5-101 of chapter 190B of the General Laws is hereby amended by
164	164	132inserting before the first paragraph the following paragraph:-
165	165	133 “Adaptive parenting equipment”, includes any piece of equipment or any item used to
166	166	134increase, maintain, or improve the parenting capabilities of a parent with a disability. 8 of 9
167	167	135 SECTION 10. Section 5-101 of said chapter 190B, as so appearing, is hereby further
168	168	136amended by striking out the fourth paragraph and inserting in place thereof the following
169	169	137paragraph:-
170	170	138 “Disability”, a physical or mental impairment that substantially limits one or more major
171	171	139life activities of an individual, a record of such impairment, or being regarded as having such an
172	172	140impairment. This definition shall be broadly interpreted in a manner consistent with the
173	173	141Americans with Disabilities Act Amendments Act of 2008.
174	174	142 SECTION 11. Section 5-101 of said chapter 190B, as so appearing, is hereby further
175	175	143amended by inserting after the twenty fourth paragraph the following paragraph:-
176	176	144 “Supportive parenting services”, services that help a parent with a disability compensate
177	177	145for those aspects of the disability that affect their ability to care for their children and that will
178	178	146enable them to discharge their parental responsibilities, including, but not limited to, specialized
179	179	147or adapted training, evaluations, assistance with effective use of adaptive equipment, peer
180	180	148supports or other psychosocial parental skill building therapies or services, and accommodations
181	181	149that allow a parent with a disability to benefit from other services, such as braille text or sign
182	182	150language interpreters.
183	183	151 SECTION 12. Chapter 190B of the General Laws is hereby amended by inserting after
184	184	152section 5-204 the following section:-
185	185	153 Section 5-204A. Nothing in this chapter shall allow a parent’s disability or its
186	186	154manifestations to be considered a negative factor in determining whether to appoint a temporary
187	187	155or permanent guardian for a minor child, absent a specific showing by clear and convincing
188	188	156evidence made by the party raising the allegation, that there is a nexus between the parent’s 9 of 9
189	189	157disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot
190	190	158be prevented or alleviated by accommodations for the disability, including adaptive parenting
191	191	159equipment or supportive parenting services.
192	192	160 If the court considers a parent’s disability or its manifestations as a negative factor in a
193	193	161determination of whether to appoint a temporary or permanent guardian for a minor child, then
194	194	162the court shall make specific written findings as to the nexus between the parent’s disability, or
195	195	163its manifestations, and harm to the child, the impact this has on current parental fitness, and
196	196	164whether adaptive parenting equipment or supportive parenting services can alleviate said harm or
197	197	165render the parent fit.