12-9A PROTECTION OF FAMILIES.
12-9A.1 Definitions.
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSUME RESPONSIBILITY FOR THE WELFARE OF. Assume an obligation to provide, if necessary, for a person’s basic living expenses and to assume joint responsibility for any other expenses of that person which arise out of a program or benefit for which that person qualified because of a statement filed pursuant to this Section, subject to the limitations contained in Subsection 12-9A.5.
BASIC LIVING EXPENSES. The cost of food, shelter, utilities and essential household goods. The individuals need not contribute equally to the cost of these expenses. Labor or services in kind shall be recognized as contributions to BASIC LIVING EXPENSES.
DEPENDENT. A person registered pursuant to Subsection 12-9A.2, who has not registered as a domestic partner and who receives significant financial or significant in-kind assistance toward his or her caretaking or costs of food, shelter, utilities and essential household goods from the domestic partnership.
DOMESTIC PARTNER. A person who meets the criteria set out in this Subsection and registers pursuant to Subsection 12-9A.2.
DOMESTIC PARTNERSHIP. Two persons who meet the following criteria and affirm that:
(1) They share basic living expenses;
(2) They assume responsibility for the welfare of their partner and any dependents registered pursuant to Subsection 12-9A.2;
(3) They are at least 18 years of age;
(4) They are competent to enter into a contract;
(5) They declare that they are each other’s sole domestic partner;
(6) They are not married to anyone nor related to each other by blood closer than would bar marriage in the commonwealth;
(7) They shall notify the City Clerk of any change in the status of their domestic partnership; and
(8) They register their domestic partnership as set forth in Subsection 12-9A.2; and their dependents as registered pursuant to Subsection 12-9A.2.
(CBC 1985 12-9A.1; Ord. 1993 c. 12 § 1)
12-9A.2 Registration.
(A) Statement of domestic partnership.
(1) Domestic partners may make an official record of their domestic partnership by completing, signing and submitting to the City Clerk a statement of domestic partnership. Persons submitting a statement of domestic partnership must declare under penalty of perjury that they meet the criteria set out in Subsection 12-9A.1.
(2) The domestic partnership statement shall include the names of the domestic partners, the date on which they became each other’s domestic partners and the names of any dependents of the domestic partnership.
(B) Registration of additional dependents. Domestic partners shall amend their registration statement whenever additional dependents become part of the domestic partnership. Only those dependents who are registered pursuant to this Section shall be considered dependents of a domestic partnership.
(C) Termination of domestic partnership. Either member of a domestic partnership may terminate the domestic partnership by filing a termination statement with the City Clerk. Termination of a domestic partnership shall become effective 90 days after the termination statement is filed with the City Clerk, except that a domestic partnership shall terminate immediately upon the death of one of the partners; and provided, however, that all rights and benefits extended to dependents of a domestic partnership shall survive termination of the domestic partnership if the domestic partner through whom the dependent obtains the right or benefit continues to have responsibility for the welfare of the dependent. In the event of the death of one of the domestic partners, the surviving partner shall notify the City Clerk by sending the City Clerk a copy of the death certificate. Any person filing a termination statement must declare under penalty of perjury that:
(1) The domestic partnership is terminated; and
(2) The other domestic partner has been notified either personally or by mailing a copy of the termination statement to the other domestic partner’s last and usual address by certified mail.
(D) New statements of domestic partnership. No person may file a statement of domestic partnership until any previous domestic partnership of which they were a member has been effectively terminated.
(CBC 1985 12-9A.2; Ord. 1993 c. 12 § 2)
12-9A.3 City Clerk.
(A) Records. The City Clerk shall maintain adequate records of domestic partnership statements showing which domestic partnerships have been created, terminated and amended. The City Clerk shall provide forms as necessary to those who request them.
(B) Fees for statements.
(1) The City Clerk shall charge a fee for filing a domestic partnership statement. The amount of this fee shall be equivalent to the fee charged to file a marriage license.
(2) Copies of a domestic partnership statement, certified by the City Clerk, or copies of amendment or termination statements, certified by the City Clerk, shall cost $12 per copy.
(CBC 1985 12-9A.3; Ord. 1993 c. 12 § 3; Ord. 1997 c. 4, Ch. 2 § 3; Ord. 2003 c. 5 § 1)
12-9A.4 Visitation and Other Rights.
(A) Health care facilities. All public health care facilities in Boston, including, but not limited to, hospitals, convalescent facilities, mental health care facilities or other long-term care facilities, shall afford domestic partners the same visitation rights as afforded to a spouse or parent of a patient, and shall afford dependents of the domestic partnership the same visitation rights as afforded to a patient’s child. For the purpose of visitation rights pursuant to this Section, an individual who is a registered as a domestic partner in the city or as a dependent of a domestic partnership, but who cannot produce documentation of such registration, shall be afforded such recognition, during periods of time when the City Clerk’s Office is not open for business, upon the submission to the health care facility of a statement signed under penalty of perjury that the individual meets the requirements of a domestic partner or dependent as defined in this Section. This statement shall have no other effect beyond providing the individual with visitation rights equivalent to those of a spouse, child or parent of a patient. It shall be the responsibility of the health care facility to inform individuals of this right upon denial of visitation where a spouse, child or parent would have been afforded visitation rights.
(B) Jail, prison and juvenile correction centers visitation. All jails, prisons and juvenile correction centers under the jurisdiction of the city shall afford domestic partners the same visitation rights afforded to a spouse or parent of an inmate, and shall afford dependents of the domestic partnership the same visitation rights afforded to an inmate’s child. For the purpose of visitation rights pursuant to this Section, an individual who is registered as a domestic partner in the city or as a dependent of a domestic partnership, but who cannot produce documentation of such registration, shall be afforded such recognition, during periods of time when the City Clerk’s Office is not open for business, upon the submission to the jail, prison or juvenile correction center of a statement signed under penalty of perjury that the individual meets the requirements of a domestic partner or dependent as defined in this Section. This statement shall have no other effect beyond providing the individual with visitation rights equivalent to those of a spouse, child or parent of an inmate. It shall be the responsibility of the jail, prison or juvenile correction center to inform individuals of this right upon denial of visitation where a spouse, child or parent would have been afforded visitation rights.
(C) Schools and day care centers.
(1) All public schools and public day care centers in Boston shall afford both members of a domestic partnership equal access to records pertaining to a dependent of the domestic partnership to the extent permissible under commonwealth law. Such schools and day care centers shall afford both members of a domestic partnership the same rights and access to employees in matters concerning their dependent to which any biological parent of a child enrolled in that school or day care center would be entitled.
(2) All such schools and day care centers shall consider dependents of a domestic partnership to be siblings, and shall treat them in the same manner they treat siblings of any other family.
(CBC 1985 12-9A.4; Ord. 1993 c. 12 § 4)
12-9A.5 Limitation of Liabilities.
Nothing in this Section shall be construed to create additional legal liabilities greater than those already existing under law or to create any new private causes of action.
(CBC 1985 12-9A.5; Ord. 1993 c. 12 § 5)
12-9A.6 Retaliation.
No person who seeks the benefit of this Section, registers pursuant to its provisions or assists another person in obtaining the benefits of this Section shall be discriminated against in any way for doing so. Any person who so discriminates shall be penalized in accordance with the provisions of the Boston Human Rights Ordinance.
(CBC 1985 12-9A.6; Ord. 1993 c. 12 § 6)
12-9A.7 Severability.
The provisions of this Section are severable. If any of its provisions are held invalid by a court of competent jurisdiction, all other provisions shall continue in full force and effect.
(CBC 1985 12-9A.7; Ord. 1993 c. 12 § 7)
12-9A.8 Forms.
The City Clerk shall distribute copies of the forms following this Section to those who request them. Said forms shall be considered a part of this Section, and consist of the following:
(A) Statement of Domestic Partnership;
(B) Statement of Terminating Domestic Partnership; and
(C) Statement of Additional Dependents.
(CBC 1985 12-9A.8; Ord. 1993 c. 12 § 8)
Editor’s note:
The copies of the forms referred to herein may be found at the end of this Section.
12-9A.9 Employee Health Insurance Study.
(A) The city shall conduct a study of:
(1) Possible cost-saving measures which would reduce the city’s costs for the provision of health insurance benefits to its employees; and
(2) Costs and other issues related to the extension of health insurance benefits to city employees’ domestic partners and their dependents.
(B) This study shall be completed, and copies shall be made available to the Boston City Council, by June 30, 1994.
(Ord. 1993 c. 12 § 9)