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S 145

Constitutional Carry/Second Amendment Preservation Act Repeal

2025-2026 Regular Session Introduced by Tameika Isaac Devine

The bill creates a rebuttable presumption that a caregiver’s status as a domestic violence survivor or related actions should not alone be neglect, guiding trauma-informed, safety-

Referred to Committee on Judiciary
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Bill Summary · S 145

Summary — S 145 (2025)

Title (as filed): An Act relative to supporting survivors of domestic violence and enhancing child welfare

Note: the docket metadata includes an inconsistent title (“Makes the provisions of Kendra’s law permanent”) that does not match the bill text. The text and sponsors filed in the Massachusetts Senate identify this measure as legislation to protect survivors of domestic violence in child‑welfare proceedings.

Purpose and intent

The bill creates a statutory, rebuttable presumption in Massachusetts child‑welfare law that a caregiver’s status as a victim of domestic violence — and certain related actions or inactions by that victim — should not, by themselves, constitute child neglect. The intent is to reduce the use of child‑welfare sanctions against survivors whose choices are constrained by domestic abuse, and to encourage safety‑focused responses rather than punitive ones.

Key provisions

  • Amends chapter 119, section 21 (technical change replacing reference “51H” with “51I”).
  • Adds new section 51I to chapter 119 establishing a rebuttable presumption that neglect does NOT include a caregiver’s failure to:
    • prevent a child from witnessing domestic violence;
    • leave the home where the alleged perpetrator resides;
    • end a relationship with the alleged perpetrator;
    • report the domestic violence to law enforcement or the Department of Children and Families (DCF);
    • seek an abuse prevention order under G.L. c. 209A; or
    • seek a harassment prevention order under G.L. c. 258E.
  • The presumption is “rebuttable,” meaning child‑welfare authorities or the court may still find neglect if they present sufficient evidence to overcome the presumption.

Who is affected

  • Primary: parents or caregivers who are victims of domestic violence and their children.
  • Secondary: Department of Children and Families (DCF) investigators, juvenile and family courts, attorneys, law enforcement, and domestic violence service providers involved in assessments and interventions.
  • Practically, the bill would affect how DCF assesses reports and whether cases are substantiated or result in removal or mandated services.

Potential impact

  • Lowers the likelihood that victimized caregivers will be found neglectful solely for choices often driven by coercion, fear, or safety considerations.
  • Encourages a trauma‑informed approach to investigations and may reduce unnecessary child removals and punitive interventions.
  • Shifts initial evidentiary burden: officials must provide evidence to rebut the presumption if they conclude neglect occurred despite the listed failures to act.

Procedural status & timeline

  • Introduced in the Massachusetts Senate by Sen. Robyn K. Kennedy on 2025‑01‑16; petitioners include Natalie M. Higgins and Michael O. Moore.
  • Referred to the Committee on Children, Families and Persons with Disabilities (status shown as “REFERRED TO DISABILITIES”).
  • Hearing scheduled: 10/21/2025, 1:00 PM–5:00 PM (B‑1) per the docket.
  • Related docket numbers: SD 1733 (replaces), prior-session S 8856 and S 3147.

Data inconsistencies to note

  • The sponsor list included in the supplied materials contains many federal senators and other names that are not consistent with a Massachusetts state bill filing; this appears to be an artifact or data error. The legislative text and petition identify state Sen. Robyn K. Kennedy as the filer.

If enacted, the new statutory section would take effect on the act’s effective date and apply to neglect determinations made thereafter.

Compiled from official sources — confirm details with the bill’s official record.

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