Amendment #8 to H4644

Exclusion of domestic violence victimization from neglect determinations

Mr. LeBoeuf of Worcester moves to amend the bill, as amended, by adding the following section:

SECTION XXXX. 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.

Additional co-sponsor(s) added to Amendment #8 to H4644

Exclusion of domestic violence victimization from neglect determinations