Amendment ID: S2538-5-R1

Redraft Amendment 5

SWM Amendment

Mr. Rodrigues moves that the proposed new draft be amended in section 7, in proposed subsection (a) of section 115 of chapter 93 of the General Laws, by adding the following definition:-

““Remote computing services”, as defined in  18 U.S.C. 2711.”; and

by inserting after section 15 the following section:-

“SECTION 15A. Section 26 of chapter 119 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following subsection:-

(d) The removal of a child from the care or custody of a parent, custodian or guardian in another jurisdiction based on the parent, custodian or guardian allowing their child to seek or receive gender-affirming health care services as defined in section 11I½ of chapter 12 shall not provide a basis for adjudicating the child in need of care and protection under this section unless the conduct of the parent, custodian or guardian would otherwise constitute abuse or neglect under the law of the commonwealth.”; and

in section 17, striking out, in line 307, the word “officers,” and inserting in place thereof the following words:- “officers, solely”; and

in said section 17, by striking out, in line 311, the word “be”; and

by inserting after section 17 the following 2 sections:-

“SECTION 17A. Chapter 208 of the General Laws is hereby amended by adding the following section:-

Section 56. (a) A law of a jurisdiction outside the commonwealth that authorizes a child to be removed from the care or custody of a parent or guardian based on the parent or guardian allowing their child to receive gender-affirming health care services, as defined in section 11I1/2 of chapter 12, or that bans the provision of gender-affirming health care services shall not provide a basis to alter custody, parenting time or visitation or be used to make a finding of abuse, neglect or maltreatment in a case pending in a court in the commonwealth, unless the conduct of the parent or guardian under such law would constitute abuse, neglect or maltreatment under the laws of the commonwealth.

(b) No court in the commonwealth shall admit or consider a finding of abuse, neglect or maltreatment based on a parent or guardian allowing their child to receive or seek gender-affirming health care services, as defined in section 11I1/2 of chapter 12, or a finding that a parent or guardian is criminally, civilly or otherwise liable for violating another state’s law that bans the provision of gender-affirming health care services as evidence in any proceeding with respect to that parent or guardian and any of their children, unless the conduct of the parent or guardian would constitute abuse, neglect or maltreatment under the laws of the commonwealth.

SECTION 17B. Chapter 209A of the General Laws is hereby amended by adding the following section:-

Section 12. (a) A law of a jurisdiction outside the commonwealth that authorizes a child to be removed from the care or custody of a parent or guardian based on the parent or guardian allowing their child to receive gender-affirming health care services, as defined in section 11I1/2 of chapter 12, or that bans the provision of gender-affirming health care services shall not provide a basis to alter custody, parenting time or visitation or be used to make a finding of abuse, neglect or maltreatment in a case pending in a court in the commonwealth, unless the conduct of the parent or guardian would constitute abuse, neglect or maltreatment under the laws of the commonwealth.

(b) No court in the commonwealth shall admit or consider a finding of abuse, neglect or maltreatment based on a parent or guardian allowing their child to receive or seek gender-affirming health care services, as defined in section 11I1/2 of chapter 12, or a finding that a parent or guardian is criminally, civilly or otherwise liable for violating another’s state’s law that bans the provision of gender-affirming health care services as evidence in any proceeding in which such parent or guardian and any of such parent’s or guardian’s children are parties, unless the conduct of the parent or guardian would constitute abuse, neglect or maltreatment under the laws of the commonwealth.”; and

in section 18, by inserting after the word “custody”, in line 318, the following words:- “of a”; and

in said section 18, by inserting after the word “or”, in line 321, the second time it appears, the following words:- “be used”; and

in said section 18, by striking out, in lines 322 and 323, the words “conduct under such law” and inserting in place thereof the following words:-“the conduct of the parent or guardian”; and

in said section 18, by inserting after the word “services”, in line 326, the following words:- “, as defined in section 11I1/2 of chapter 12,”; and

in said section 18, by striking out, in line 328, the words “, as defined in section 11I1/2 of chapter 12,”; and

in said section 18, by striking out, in line 329, the words “such conduct” and inserting in place thereof the following words:- “the conduct of the parent or guardian”; and

by inserting after section 18 the following section:-

“SECTION 18A. Chapter 209C of the General Laws is hereby amended by adding the following section:-

Section 25. (a) A law of a jurisdiction outside the commonwealth that authorizes a child to be removed from the care or custody of a parent or guardian based on the parent or guardian allowing their child to receive gender-affirming health care services, as defined in section 11I1/2 of chapter 12, or that bans the provision of gender-affirming health care services shall not provide a basis to alter custody, parenting time or visitation or be used to make a finding of abuse, neglect or maltreatment in a case pending in a court in the commonwealth, unless the conduct of the parent or guardian would constitute abuse, neglect or maltreatment under the laws of the commonwealth.

(b) No court in the commonwealth shall admit or consider a finding of abuse, neglect or maltreatment based on a parent or guardian allowing their child to receive or seek gender-affirming health care services, as defined in section 11I1/2 of chapter 12, or a finding that a parent or guardian is criminally, civilly or otherwise liable for violating another state’s law that bans the provision of gender-affirming health care services as evidence in any proceeding in which such  parent or guardian and any of such parent’s or guardian’s children are parties, unless the conduct of such parent or guardian would constitute abuse, neglect or maltreatment under the laws of the commonwealth.”; and

in section 20, by striking out, in line 348, the words “Sections 7 and 8” and inserting in place thereof the following words:- “Section 7”.