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MA H92

MA H92
Relative to the best interests of children


summary

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

Introduced Session

189th General Court

Bill Summary

Relative to the care and protection of children. Children, Families and Persons with Disabilities.

AI Summary

This bill, titled "Relative to the best interests of children," aims to strengthen the child welfare system by establishing a clear policy that the best interests of children must be paramount in all court proceedings. It amends Chapter 119 of the General Laws to declare that the primary focus is the care and protection of children, followed by strengthening the family unit if it's in the child's best interest, and then providing substitute care like foster care or permanent placement when families cannot provide necessary care. The bill outlines specific factors that courts and the Department of Children and Families (DCF) must consider when determining a child's best interests, including kinship care arrangements, parental ability to provide care, the child's safety and well-being, the child's ability to form relationships, the stability of the child's environment, the child's relationships with others, the child's health needs, the emotional ties between the child and family, the likelihood of older children remaining in foster care, the child's wishes (if of sufficient age and understanding), and recommendations from a guardian ad litem or legal representative. It also mandates that permanency hearings for termination of parental rights or reunification must occur within 12 months of a child's removal from parental care. Furthermore, the bill introduces a presumption of competency for children aged 12 and older to offer statements on their own behalf in court and department proceedings, which must be considered if the child is capable and willing.

Committee Categories

Health and Social Services

Sponsors (19)

Last Action

Accompanied a study order, see H4613 (on 09/19/2016)

bill text


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