HOUSE DOCKET, NO. 5018        FILED ON: 4/1/2024

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The Commonwealth of Massachusetts

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PRESENTED BY:

Marcus S. Vaughn

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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 domestic abuse protection, "Katherine's Law".

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PETITION OF:

HOUSE DOCKET, NO. 5018        FILED ON: 4/1/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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

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An Act relative to domestic abuse protection, "Katherine's Law".

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

SECTION 1 . Section 19 of chapter 62C  of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following paragraph:-

The commission shall grant a reasonable extension of time for filing any return required by this chapter for a person if within the 12 months preceding the filing deadline a court, law enforcement officer or agency or the department of children and families determines that the person or their minor child has suffered abuse, as defined in section 1 of chapter 209A, from a family or household member, as defined in said section 1 of said chapter 209A, with whom they file a joint tax return pursuant to section 6.

SECTION 2 . Chapter 118E  of the General Laws is hereby amended by inserting after section 10Q the following section:-

Section 10R. Notwithstanding section 9A or any general or special law to the contrary, the division shall, subject to appropriation and regardless of their income or asset level, offer MassHealth coverage for a period of up to 12 months to a person and any minor children in the person’s custody if a court, law enforcement officer or agency or the department of children and families determines that the person or their minor child has suffered abuse, as defined in section 1 of chapter 209A, from a family or household member, as defined in said section 1 of said chapter 209A, with whom they share health insurance coverage.

SECTION 3 . Section 51A of chapter 119  of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out subsection (k) and inserting in place thereof the following subsection:-

(k)   A mandated reporter who is professionally licensed by the commonwealth shall  complete training at least once every 2 years to recognize and report suspected child abuse or neglect. The executive office of health and human services, in consultation with the department and the office of the child advocate, shall develop an evidenced-based training curriculum and program for mandated reporters and promulgate regulations to implement the training program.

SECTION 4. Paragraph (1) of subsection (a) of section 2 of chapter 175M  of the General Laws, as so appearing, is hereby amended by striking out in line 8 the word “or”.

SECTION 5 . Said paragraph (1) of said subsection (a) of said section 2 of said chapter 175M is hereby further amended by adding the following words:- ; or (iv) in order to care for themselves or their minor child following a determination by a court, law enforcement officer or agency or the department of children and families that the individual or their minor child has suffered abuse, as defined in section 1 of chapter 209A, from a family or household member, as defined in said section 1 of said chapter 209A.

SECTION 6 . Clause (d) of the first paragraph of section 3 of chapter 209A  of the General Laws, as so appearing, is hereby amended by striking out, in lines 18 through 29, inclusive, the words “(d) awarding the plaintiff temporary custody of a minor child; provided, however, that in any case brought in the probate and family court a finding by such court by a preponderance of the evidence that a pattern or serious incident of abuse, as defined in section 31A of chapter 208, toward a parent or child has occurred shall create a rebuttable presumption that it is not in the best interests of the child to be placed in sole custody, shared legal custody or shared physical custody with the abusive parent. Such presumption may be rebutted by a preponderance of the evidence that such custody award is in the best interests of the child. For the purposes of this section, an “abusive parent” shall mean a parent who has committed a pattern of abuse or a serious incident of abuse;” and inserting in place thereof the following words:-

(d)   awarding the plaintiff temporary custody of a minor child; provided, however, that in any case brought in the probate and family court a finding by such court by a preponderance of the evidence that a pattern or serious incident of abuse, as defined in section 31A of chapter 208, toward a parent or child has occurred shall create a rebuttable presumption that it is not in the best interests of the child to be placed in sole custody, shared legal custody or shared physical custody with the abusive parent, and such presumption may be rebutted by a preponderance of the evidence that such custody award is in the best interests of the child; and provided further, that if the probate and family court finds by a preponderance of the evidence that a pattern or serious incident of abuse toward a minor child has occurred, such court shall not place the child against whom the abuse was perpetrated in sole custody, shared legal custody or shared physical custody with the abusive parent.. For the purposes of this section, an “abusive parent” shall mean a parent who has committed a pattern of abuse or a serious incident of abuse.;

SECTION 7 . Section 12 of chapter 210  of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Where a petition is filed on behalf of a minor child and a court or the department of children and families has determined that the child has suffered abuse, as defined in section 1 of chapter 209A, from a family or household member, as defined in said section 1 of said chapter 209A, with whom the child shares a surname, the petition shall be considered consistent with the public interests.