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MA S1164
Bill
AI Summary
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Prohibits courts from using a parent's disability as a negative factor in custody, parenting time, child removal, termination of parental rights, or guardianship decisions unless the opposing party proves by preponderance or clear and convincing evidence a direct nexus between the disability and harm to the child
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Requires courts to consider whether adaptive parenting equipment or supportive parenting services could prevent or alleviate any alleged harm before ruling against a parent with a disability
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Mandates specific written findings when a court does weigh a parent's disability negatively, documenting the nexus to harm, effect on the child's best interests, and whether accommodations could address the concerns
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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 five chapters of Massachusetts General Laws (Chapters 208, 209C, 119, 210, and 190B) covering divorce/custody, children born out of wedlock, child welfare/care and protection, adoption/termination of parental rights, and guardianship proceedings
Legislative Description
Prohibiting discrimination against adults with disabilities in Family and Juvenile Court proceedings
Last Action
Accompanied a study order (under JR10), see S2886
12/18/2025