Bill
S 1219
Allows courts to consider a grandparent Grandparent relationship in best-interest visitation when child is state-custody or non-parent guardian, but not required.
Note on jurisdiction and documents
- The materials supplied include texts from more than one bill with the number S 1219 in different jurisdictions. The substantive text about grandparents’ visitation rights appears to be a Massachusetts bill (Senate Docket No. 407, sponsor Patrick M. O’Connor). Separate materials in the packet relate to an Idaho S 1219 (a FY2026 appropriation to the State Tax Commission) and an unrelated “USA CAR Act” citation. This summary focuses on the grandparents’ visitation bill (the language shown under Massachusetts Senate Docket No. 407). Please verify the intended jurisdiction when using this summary.
Purpose and intent
- To clarify that, when a child is in state custody or temporary guardianship has been awarded to a non-parent, a court may consider a child’s preexisting relationship with a grandparent in deciding whether to grant grandparent visitation — while making clear such a preexisting relationship is not required to award visitation.
Key provision (exact language added)
- Amendment to Section 39D of Chapter 119 of the Massachusetts General Laws by inserting after the word “court.” the following sentence:
- “Where the state has custody of a minor or a court has awarded temporary guardianship of a minor to a non-parent, the court may consider whether the minor has a preexisting relationship with a grandparent in determining if visitation rights would be in the best interest of the child; provided, however, that such preexisting relationship shall not be a necessity for awarding said visitation rights.”
Who would be affected
- Grandparents seeking court-ordered visitation with grandchildren who are:
- in the custody of the state (child welfare/DFCS/DCF placements), or
- under a temporary guardianship order granted to a non-parent.
- Children involved in state custody or temporary guardianships.
- Courts deciding best-interest visitation questions.
- State child welfare agencies, guardians, and attorneys handling visitation petitions.
Practical impact and implications
- Affirms that courts may weigh existing grandparent–child relationships as part of the “best interest” analysis when the child is in state custody or under non-parent temporary guardianship.
- Clarifies that a preexisting relationship is not a threshold requirement — courts retain discretion to award visitation even absent a prior relationship.
- May lead to an increase in petitions by grandparents for visitation in custody/guardianship cases; could affect court caseloads and child-welfare case planning.
- Does not create an automatic right to visitation, nor does it change the standard of “best interest” beyond adding an explicit factor to consider in the specific contexts named.
Procedural status (from supplied materials)
- Massachusetts docket filing: Senate Docket No. 407 (filed 01/13/2025) and referred to the Judiciary committee.
- The packet also lists a hearing scheduled 04/22/2025 (01:00–05:00 PM, A-2) — confirm jurisdiction and committee placement for that hearing.
- A similar measure was filed in a prior session (Senate No. 1091, 2023–2024), indicating recurring legislative interest.
Recommendation
- Confirm the state and bill docket you want tracked (Massachusetts S.1219 / Senate Docket No. 407 appears to be the grandparents’ visitation bill). If you want a summary of the Idaho S 1219 appropriation (Tax Commission FY2026 funding and 7 FTEs) or other companion/related federal bills listed, say so and I will prepare a focused summary.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
