MA enacts law requiring appointment of counsel for kinship caregivers in certain situations
In 2021, the Governor of Massachusetts signed HB 4924, which added subsection (d) to G.L. 5-212. This new provision provides:
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.
This legislation effectively codified the Supreme Judicial Court of Massachusetts’ decision in Guardianship of K.N., which had held that courts could use their equitable powers to appoint counsel for kinship caregivers in certain custody decisions.
