MA S848

Bill

Relative to determining the best interest of children in probate and family court

Introduced
01/22/2019

In Committee
01/22/2019

Crossed Over

Passed

Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

For legislation to determine the best interest of children in probate and family court. The Judiciary.

AI Summary

This bill amends Chapter 208 of the General Laws to provide guidance on determining the best interest of children in probate and family court. It defines key terms like "shared decision-making responsibility," "sole decision-making responsibility," "shared residential responsibility," and "primary residential responsibility." The bill establishes that the rights of parents shall be held equal in the absence of misconduct, and the happiness and welfare of the children shall determine the distribution of parental responsibility. The court is required to consider various factors in determining parental responsibilities, including the past and present relationship between the parent and child, the child's adjustment to their environment, and the capability of each parent to meet the child's needs. The court must also consider safety factors, such as a parent's substance abuse or history of domestic violence, when making these determinations.

Committee Categories

Justice

Sponsors (5)

Mike Barrett (D), Will Brownsberger (D), Sal DiDomenico (D), Ryan Fattman (R), Jason Lewis (D),

Last Action

Accompanied a study order, see S2496 (on 02/03/2020)

Official Document

https://malegislature.gov/Bills/191/S848

(19 Companion Bills)

Version:

Document Type	Source Location
State Bill Page	https://malegislature.gov/Bills/191/S848
Bill	https://malegislature.gov/Bills/191/S848.pdf

Bill	Bill Name	Last Action	Type
H132	Ensuring the appropriate and timely payment and residential service placement for children deemed to be a safety risk	Accompanied a study order, see H5088	Similar To
H159	Providing for enhanced protection of children and investigation of abuse and neglect allegations	Bill reported favorably by committee and referred to the committee on House Ways and Means	Similar To
H328	Relative to the sale of children’s jewelry	Accompanied a study order, see H5043	Similar To
H3319	Resolutions requesting the Governor (with consent of the council) to remove Susan L. Jacobs from the office of Associate Justice of the Bristol Probate and Family Court of Bristol County	Accompanied a study order, see H5081	Similar To
H3352	Protecting children	Accompanied a study order, see H5081	Similar To
H3390	To expedite care and custody of minor children modification proceedings	Accompanied a study order, see H5081	Similar To
H3433	Relative to unborn children	Accompanied a study order, see H5081	Similar To
H3471	Relative to the penalties for accessory after the murder of a minor child	Accompanied a study order, see H5081	Similar To
H3476	Relative to the safety of children in camps	Accompanied a study order, see H5081	Similar To
H4013	Order relative to amendments to the House bill relative to children's health and wellness	Adopted, see H4012	Similar To
H4083	Relative to DCF legislative reporting reform	Accompanied a new draft, see H4163	Similar To
S2227	Relative to child predators	Accompanied a study order, see S2496	Similar To
S2294	To end child marriage in Massachusetts	Read; and referred to the committee on House Ways and Means	Similar To
S2338	To protect children, families, and firefighters from harmful flame retardants	Passed to be engrossed - Roll Call #94 [YEAS 38 - NAYS 0]	Similar To
S2368	Similar Bills	See H4012	Similar To
S2377	Similar Bills	See H4012	Similar To
S2496	Order relative to authorizing the joint committee on the Judiciary to make an investigation and study of certain current Senate documents relative to judicial issues	Discharged to the committee on Senate Rules	Replaced by
S344	Providing school transportation to homeless children	Accompanied a study order, see S2538	Similar To
S872	Making corrections to the adopted children's act	Accompanied a study order, see S2496	Similar To

Bill

Bill Name

Last Action

Type

H132

Ensuring the appropriate and timely payment and residential service placement for children deemed to be a safety risk

Accompanied a study order, see H5088

Similar To

H159

Providing for enhanced protection of children and investigation of abuse and neglect allegations

Bill reported favorably by committee and referred to the committee on House Ways and Means

Similar To

H328

Relative to the sale of children’s jewelry

Accompanied a study order, see H5043

Similar To

H3319

Resolutions requesting the Governor (with consent of the council) to remove Susan L. Jacobs from the office of Associate Justice of the Bristol Probate and Family Court of Bristol County