Discoverability of Family Treatment Court records in Care and Protection or other cases

A participant’s substance use screen records are discoverable in a Care and Protection (CP) case, but other Family Treatment Court (FTC) records remain protected unless the participant, with legal counsel, chooses to waive confidentiality and introduce them into the case.

1. A Participant’s substance use screen records, including call in, attendance and result history is discoverable in a CP case. Such records are admissible only to the extent allowable by the rules of evidence and applicable caselaw.
2. A Participant, with advice of counsel, may decide to introduce elements of their FTC record in a CP. Doing so will waive the prohibition against discoverability of their FTC information in the CP case. Notice of such intention must be made in writing and include an acknowledgement of the waiver of the prohibition against discovery.
3. If a Participant takes no affirmative action, the only discoverable element from their FTC engagement is the Juvenile Court Probation Department record of their substance use screens, which includes call in, attendance and result history.
4. If any person or entity seeks discovery of FTC records in a court case outside of the juvenile court, the standards articulated in Care and Protection of M.C., 479 Mass. 246 (2018) shall be applied by the judge assigned to the case at the time the motion for access is filed.

Last updated:	January 1, 2024