Bill Text: MA S1645 | 2009-2010 | 186th General Court | Introduced
Bill Title: For legislation relative to further the interest of children in need of services
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-05 - Reporting date extended to Friday, May 7, 2010 [S1645 Detail]
Download: Massachusetts-2009-S1645-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Cynthia Stone Creem
_______________
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 passage of the accompanying bill:
An Act relative to further the interest of children in need of services.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Cynthia Stone Creem |
First Middlesex and Norfolk |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S00865 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative to further the interest of children in need of
services.
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 39E of chapter 119 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the ninth paragraph and inserting in place thereof the following paragraph:- The hearing of a petition filed under section thirty-nine E in a division of the district court department or of the juvenile court department shall be heard without a jury. The child shall be represented by counsel.
SECTION 2. Section 39G of chapter 119 of the General Laws, as appearing in the 2004 Official
Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- If the court finds the allegations in the petition have been proved at the hearings by a preponderance of the evidence, it may adjudge the child named in such petition to be in need of services.
SECTION 3. Chapter 119 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out section 39I and inserting in place thereof the following section:-
Section 39I. An appeal shall not stay the order, judgment or decree appealed from, but the district court or juvenile court may otherwise order, on application and hearing consistent with this chapter, if suitable provision is made for the care and custody of the child.
Appeal may be had in the appeals court in the same manner as is provided for trials of civil cases held in the superior court department.
