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MA H1852
Bill
Status
2/27/2025
Primary Sponsor
Jay Livingstone
Click for details
AI Summary
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Prohibits courts from using a parent's disability as a negative factor in custody, parenting time, child removal, or parental rights termination decisions unless there is specific evidence of a nexus between the disability and harm to the child
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Requires the party alleging harm to prove by preponderance of evidence (in custody cases) or clear and convincing evidence (in child protection and termination cases) that the harm cannot be prevented through accommodations, adaptive parenting equipment, or supportive services
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Mandates courts make specific written findings documenting the connection between a parent's disability and any alleged harm, the effect on the child's best interests, and whether accommodations could alleviate the harm
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Defines "disability" consistent with the Americans with Disabilities Act Amendments Act of 2008, covering physical or mental impairments that substantially limit major life activities
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Amends multiple chapters of Massachusetts General Laws including divorce (Ch. 208), children born out of wedlock (Ch. 209C), child welfare (Ch. 119), adoption/termination of parental rights (Ch. 210), and guardianship of minors (Ch. 190B)
Legislative Description
Prohibiting discrimination against adults with disabilities in Family and Juvenile Court proceedings
Last Action
Reported by committee to Clerk’s Office for processing, will accompany a study order
10/14/2025