Bill H.4065

SECTION 1. Chapter 119 of the General Laws is hereby amended by inserting after section 29D the following section:-

Section 29E. In court proceedings related to the removal of a child from their home for neglect, there shall be a rebuttable presumption that neglect does not include a failure of a victim of domestic violence to: (i) prevent a child from witnessing the domestic violence; (ii) leave the home in which the alleged perpetrator resides; (iii) end a relationship with the alleged perpetrator; (iv) report the domestic violence to law enforcement or the department; or (v) seek an order of protection against the alleged perpetrator. For the purposes of this section, “domestic violence” shall include coercive control, as defined in section 1 of chapter 209A.

SECTION 2. Said chapter 119 is hereby further amended by inserting after section 37 the following section:-

Section 37A. (a) There shall be a rebuttable presumption in all department proceedings that neglect of a child does not include a failure of a victim of domestic violence to: (i) prevent a child from witnessing the domestic violence; (ii) leave the home in which the alleged perpetrator resides; (iii) end a relationship with the alleged perpetrator; (iv) report the domestic violence to law enforcement or the department; or (v) seek an order of protection against the alleged perpetrator. For the purposes of this section, “domestic violence” shall include coercive control, as defined in section 1 of chapter 209A.

(b) All employees of the department shall have mandatory training on issues related to domestic violence.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.