NCJ Number
112402
Date Published
1988
Length
182 pages
Annotation
The purpose of care and protection proceedings is to ensure that children of the Commonwealth of Massachusetts are protected from harm resulting from abuse or neglect by parents or parent substitutes. This document sets forth standards of judicial practice in these proceedings.
Abstract
Standards for the commencement of proceedings discuss jurisdiction, filing of petitions, application processing, administrative procedures in the court, applicable court rules, emergency action, appointment of counsel, scheduling, and assignment of judges. The nature, definition, and scheduling of the preliminary hearing are described, as is the role of guardian ad litem. The appointment of the investigator and the purpose and use of the investigative report are considered. Procedures for the hearing cover stipulations, rules of evidence, standard of proof, findings, adjudication, and court orders. Standards for redetermination of needs and custody and substitute care reviews also are delineated. Additional material covers medical authorizations, transfer of cases, and standards applicable if care and protection is consolidated with other action. Appendixes include reporting and other forms, court rules, social service regulations, and cases illustrating selected findings of fact and orders for judgment from various stages of care and protection proceedings.