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The 192nd General Court of the Commonwealth of Massachusetts

AN ACT TO PROMOTE THE WELL-BEING OF MINOR CHILDREN LIVING WITH GUARDIANS

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

Section 5-212 of part 2 of article V of chapter 190B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following subsection:-

(d)  For proceedings pursuant to a petition to remove a guardian of a minor child, the guardian shall have the right to counsel if the court determines that the guardian has been the primary caretaker for the child for not less than 2 years or for an otherwise significant period of time during the child’s lifetime; provided, however, that this period of time may include caretaking provided during or prior to the guardianship. The court shall inform a guardian of the right to counsel pursuant to this subsection and shall appoint counsel if the guardian satisfies the requirements for indigency pursuant to section 2A of chapter 211D.

Approved, January 12, 2021.