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DRAFTED LEGISLATION

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An Act Improving the Temporary Orders in Probate Court

 

1. In the event of a temporary emergency order involving child custody, the subsequent hearing shall be scheduled no more than 5 business days after the hearing in which the temporary emergency order was issued.  Parties are permitted to reschedule a maximum of 2 times before a hearing must move forward.  

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2. Child support shall not be based on temporary orders.  Child support may be required only after facts and evidence has been presented and a ruling has been made upon divorce or custody.​

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3. If any individual in the process of divorce temporarily receives a home, causing the other party to move, the individual moving out of the home shall not be assigned child support.  

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4. Custody orders and judgments both permanent and temporary must be made based solely on verifiable evidence,  as decided in Robinson v Robinson.

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5. No judgment or order shall be made upon where an individual is considered to

A) exist in the physical custody parenting time arraignment decision for the best interest of the child and

B) be considered not to exist in regards to child support guidelines and receiving parent being considered single

A third party person cannot both exist and not exist in any custody order or judgment. 

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An Emergency Order to End 
Indefinite Temporary Orders on Child Custody Matters in Probate Courts
 
Any Judge in the Probate Courts of the Commonwealth of Massachusetts must hear temporary or further temporary orders when they regard child custody, within 1 week of issuing order.  Hearings may be rescheduled for conflict, sickness, or other up to 3 times before a judgement must take place with reason cited by case law if custody is other than shared legal and physical.  Appeals must be allowed within 1 month and will only be heard by a criminal court judge if the party losing custody is requesting review
 

An Emergency Act for the Immediate Closure of the Judge Rotemberg Center

  1. The Legislature Shall immediately close the Judge Rotemberg Education Center under Emergency Order.

  2. The Committee shall place the welfare of all people who resided or attended at any point since inception, where jurisdiction presides, from the Judge Rotemberg Education Center into the hands of LICSWs , at the Department of Department of Developmental Disabilities.

  3. The Committee shall ensure funding for all victims of the Judge Rotemberg center to cover housing, snap, medicaid/medicare, and other social welfare benefits.

Massachusetts Legislature 
Probate Reform: Phase 2

  1. The Legislature Shall recognize all people as individuals.  As such, the Court shall recognize children are people and not property.  

  2. All parties in probate and custody proceedings shall be referred to as “party” or “parent”.  Pronouns shall be they/them for each party.  Neither party shall have job title, status title, role, or other in notes, orders, judgements, or any other verbal or written argument or documentation of the Commonwealth. 

  3. The Legislature Shall assemble a Committee to remove all persons from Probate Courts.

  4. The Committee shall be called “A Joint Committee on Empathetic Child Welfare Reform”

  5. The Committee shall increase funding for the Massachusetts Social Work Licensing Board.

  6. The Department of Children and Families will no longer be in charge of child abuse investigations.  All child abuse investigations not meeting criteria for CAC, shall be remanded back to the department from which it was referred.  Police procedure following investigations, evidence, and qualifications will resume as normal with these cases.

(currently in ongoing edits and drafting 7/2/23)

If you or your loved one has been a victim of probate and family court, please help contribute to this grassroots social justice movement:

Strike - @ProbateReform

Venmo - @centerforCPTSD

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if you wish to contribute to this cause in another way, by volunteering or different method for financing, please email staff@probatereform.org

Totality of Probate and its effects on all communities

Probate Reform understands the historical context of Probate ("property") court and the Probation department along with Parole and other Probate Court related matters which result in criminal persecution from a starting basis of non-constitutional protection.  Probate Reform also understands the roots in slavery and what this means to certain individuals within certain communities.  Probate Reform hopes to help many of these issues ongoing.

 

  The first step of reforming Child and Family Court is something that every background agrees upon.  There are people who may be part of extremist groups in any label who are gravely effected by Probate and Family Courts.  

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Individuals who believe in conservative, liberal, or other, all may agree upon Probate and Family Court Reform.  There is no guarantee due to the current founder focusing on CPTSD treatment that his level of hours of advocacy would be the same if Child Custody were resolved, however, the founder would be willing to pass the site to free for to any individual or group with a decent plan and help them along with their laws going forward.

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Proposed Law

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  1. Non-violent offenders where prison or punitive treatment services are being used or considered, shall first be screened for emotional or any other type of diagnosable abuse prior to being referred for punitive service.   If it is found they are suffering from PTSD or CPTSD, the individual shall be referred for diversionary services that include housing, food, healthcare, and an ongoing stabilization social worker who may not influence the case negatively, if they desire that service. 

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