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Bill > H3298


MA H3298

Relative to parental rights and child survivors of homicide


summary

Introduced
01/22/2019
In Committee
01/22/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

Relative to parental rights and child survivors of homicide. The Judiciary.

AI Summary

This bill proposes to amend several chapters of the Massachusetts General Laws to address parental rights and child survivors of homicide. The key provisions are: 1. It creates a rebuttable presumption that contact with the child and exercise of parental rights by a parent convicted of murdering the child's other parent (or a comparable crime) are not in the child's best interests. This presumption can only be overcome if the child assents or if the crime occurred in the context of past abuse by the other parent against the convicted parent. 2. It allows the court to dispense with the need for consent to the child's adoption by the convicted parent, unless the crime occurred in the context of past abuse or the child assents to the convicted parent's involvement. 3. These provisions apply whether or not the convicted parent has exhausted their right to appeal the conviction, and override any prior court orders granting the convicted parent custody or visitation.

Committee Categories

Justice

Sponsors (5)

Last Action

Accompanied a study order, see H5081 (on 11/12/2020)

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