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Bill > H2236


MA H2236

MA H2236
Relative to sibling and half-sibling visitation rights


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

Relative to court orders regarding visits and other contact between certain siblings and half-siblings. The Judiciary.

AI Summary

This bill amends existing law to ensure that children in the care of the department, or under court jurisdiction, have regular and frequent visits and contact with their siblings and half-siblings, regardless of where they are placed, whether through department actions, adoption, guardianship, or when a parent regains custody. It mandates that immediately after siblings are separated, the court must arrange and monitor these visits, involving all relevant parties including parents, caretakers, and the children themselves if appropriate. The bill also establishes a process for children or siblings to appeal if visits are not provided, allowing for a fair hearing and subsequent petition to the probate and family court with the right to a new trial. Furthermore, it clarifies that any party involved in a child's case, or a sibling or their representative, can file a motion or petition for sibling visits, and that such visits are presumed to be in the children's best interests unless the department can prove by clear and convincing evidence that they are detrimental. If visits are suspended, the department must actively work to resolve the issues causing the suspension and document these efforts. The court will regularly review and order sibling visits, especially after any changes in placement or custody, and following permanency hearings. Finally, the bill ensures that court orders allowing for adoption, guardianship, or other dispositions of a child will also include provisions for ongoing sibling and half-sibling contact.

Committee Categories

Justice

Sponsors (3)

Last Action

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

bill text


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