Bill > S1164

This bill aims to prohibit discrimination against parents with disabilities in various family court proceedings by establishing clear guidelines for how a parent's disability can be considered in legal decisions about child custody, guardianship, and parental rights. The bill defines key terms such as "adaptive parenting equipment" (any item that helps a parent with a disability improve their parenting capabilities) and "supportive parenting services" (assistance like specialized training, evaluations, and accommodations that help parents with disabilities care for their children). Critically, the bill stipulates that a parent's disability cannot be automatically used as a negative factor in legal proceedings unless there is clear and convincing evidence that the disability directly causes harm to the child and cannot be mitigated through adaptive equipment or supportive services. If a court does consider a disability as potentially harmful, it must provide specific written findings explaining the connection between the disability and potential child harm, the impact on parental fitness, and whether accommodations could resolve any concerns. The bill amends multiple chapters of Massachusetts law to ensure consistent protections across different types of family court proceedings, drawing on the broad disability definition from the Americans with Disabilities Act Amendments Act of 2008 to provide comprehensive protection for parents with disabilities.

Justice

https://malegislature.gov/Bills/194/S1164