HOUSE DOCKET, NO. 3071        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3596

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Judith A. Garcia

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to service of process.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Judith A. Garcia

11th Suffolk

1/20/2023

Samantha Montaño

15th Suffolk

3/21/2023


HOUSE DOCKET, NO. 3071        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3596

By Representative Garcia of Chelsea, a petition (accompanied by bill, House, No. 3596) of Judith A. Garcia and Samantha Montaño relative to improper service of process in certain custody or legal status of children cases.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act relative to service of process.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 39M of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:-

(i) A parent’s purposeful action to avoid proper service of process of court documents related to the custody or legal status of their child shall be considered neglect and abandonment for the purposes of a special findings determination pursuant to subsection (b); provided, however, that a court shall not consider improper service of process to be neglect or abandonment pursuant to said subsection (b) where a parent lives outside of the United States, in a rural area or in any other location where proper service of process is not possible; and provided further that if unable to locate and serve documents in hand, where publication may not also be feasible, electronic notification should be considered an acceptable alternate service.