Bill

Bill > H451


MA H451

MA H451
Relative to sibling visitation


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

Relative to sibling visitation and court department placements. The Judiciary.

AI Summary

This bill aims to strengthen sibling visitation rights for children in foster care or under the care and custody of the department, which refers to the state's child welfare agency. It amends existing law to ensure that courts and the department, whenever reasonable, practical, and in the best interest of the child, facilitate access and visitation between siblings. The bill defines a sibling broadly to include those related through at least one common parent, including stepsiblings and adoptive siblings, even if they are in different foster, pre-adoptive, or adoptive homes, or with extended family. It mandates that at the time of initial separation, a schedule for sibling visitation, including supervised visits, should be established and monitored by relevant agencies with the participation of all involved parties. Furthermore, the bill allows courts to order sibling visitation that is enforceable even after adoption, regardless of parental or guardian consent, though the adoption itself will remain final. Children or siblings denied visitation by the department can appeal through the department's fair hearing process and subsequently file a petition in probate and family court for a trial de novo, meaning a new court review. For children in the department's custody, any party involved, including the child, sibling, parent, legal guardian, or the department itself, can petition the court for sibling visitation. Finally, the bill requires periodic reviews to assess the effectiveness of these sibling visitation arrangements.

Committee Categories

Justice

Sponsors (10)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...