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MA H1674

MA H1674
Relative to visitation by relatives of minor children in DCF custody


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relativerelatives of minor children in the custody of the Department of Children and Families. The Judiciary.

AI Summary

This bill aims to expand visitation rights for relatives of minor children, particularly those in the custody of the Department of Children and Families (DCF). It redefines "relative" to include siblings, grandparents, great-grandparents, aunts, uncles, great-aunts, and great-uncles, as well as any kin defined by the child's family of origin. For children in DCF custody, the bill mandates that relatives, upon request, should have reasonable visitation access, with the DCF establishing a schedule unless it's deemed not in the child's best interest by the court or DCF, considering the service plan goals and the relationship with the child's parents. Relatives denied visitation by DCF can appeal through the department's fair hearing process and subsequently to the probate and family court for a trial de novo, meaning a new court review. Additionally, the bill establishes provisions for relatives to seek visitation rights in specific circumstances, such as when parents are divorced, separated, deceased, or if the child was born out of wedlock with adjudicated paternity, requiring at least two visits per month if in the child's best interest. This applies even if the child has been adopted by someone other than a stepparent, though visitation granted before adoption would terminate upon adoption.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4706 (on 10/24/2016)

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