Filing a care and protection
Any person can file a care and protection petition. Most are filed by social workers from the Department of Children and Families (DCF). The petition is a form. The petition is attached to a sworn statement about child abuse and/or neglect. Petitions and affidavits are read by a judge. The judge decides if the child is at immediate risk of harm and if they need to be removed from their parents until a hearing happens. If the judge thinks the child is at risk and needs to be removed, they allow the petition. Then they can give temporary custody to DCF or one of the parents. The case will be scheduled for a Temporary Custody Hearing.
Filing forms
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Open PDF file, 746.5 KB, Care & Protection Petition (JV-13) (English, PDF 746.5 KB)
Temporary Custody Hearing
The Temporary Custody Hearing is also called a “TCH” or a “72-hour hearing.” This is a hearing in court held soon after DCF files a care and protection petition asking to remove children from their parents. DCF calls witnesses and files documents to show that it would be dangerous for a child to return to their parents right away. Sometimes these hearings happen, and sometimes people decide to make agreements about what will happen next.
Learn more about TCHs
- Juvenile Court Rule 9: Temporary Custody Hearing and Waiver
- G.L. c. 119, § 24
- G.L. c. 119, § 25
- Care and Protection of Manuel
- Care and Protection of Lillian
- Morin v. Commissioner of Public Welfare
- Care and Protection of Robert (standard of proof)
- Catholic Charitable Bureau of the Archdiocese of Boston, Inc. Petition to Dispense with Consent to Adoption (burden of proof) and (the decision by the judge turns on their assessment of the risk to the child)
TCH forms
Court investigator’s report is filed
The court investigator’s report is an independent report on the background of the case, the current needs of the children, and the parents’ ability to take care of the children. The written report is filed with the court so the judge and all counsel can read it.
Learn more about court investigator reports
Status Hearing
A Status Hearing may be held within 90 days of the filing. This is a time for the judge to talk to each of the parties and find out about how the children are doing and the progress the parents are making. At the end of a Status Hearing the judge might make suggestions to the parties and schedule another Status Hearing, a Pre-Trial Conference, or a Hearing on the Merits.
Juvenile Court Rule 13: Discovery/Motion Status Hearing
Pre-Trial Conference
At the Pre-Trial Conference the judge makes sure the case is ready for trial. The judge asks the lawyers to describe what each party wants to have happen next. The judge may schedule the trial and make orders about papers that need to be filed before the trial.
Juvenile Court Rules for the Care and Protection of Children: Rule 14
Hearing on the Merits
The Hearing on the Merits or Trial is the time for DCF to present witnesses and documents to show the needs of each child, and whether the parents can meet those needs. The judge must decide if each child is “in need of care and protection” because their parents are unfit. If the judge decides that they are unfit, the judge then decides if that is temporary or so long-term that the parents’ rights to the child should be terminated. The judge also must decide if the DCF plan for the child is in the child’s best interest.
Learn more about Hearing on the Merits
- G.L. c. 119, § 26
- G.L. c. 210, § 3
- Juvenile Court Rules for the Care and Protection of Children: Rule 16
- Juvenile Court Rules for the Care and Protection of Children: Rule 20
- Adoption of Gillian
- Adoption of Jacques
- Care and Protection of Zeb
Permanency Hearings
At least once a year, the court has a Permanency Hearing for each case. The judge reviews the DCF plan for the child and the efforts they are making to accomplish that plan. The DCF goal might be stabilization, reunification, guardianship, adoption, or an alternative plan for children 16 and older. The judge might also make orders about moving toward the plan or schedule a trial.
Learn more about Permanency Hearings
- G.L. c. 119, § 29B
- G.L. c. 119, § 29C
- Trial Court Rule VI: Uniform Rules for Permanency Hearings
- Juvenile Court Rules for the Care and Protection of Children: Rule 20
- Adoption of Xarina
- Adoption of Nate
- Care and Protection of Rashida
Review and Redetermination
After a trial, a judge can determine that parents are unfit but not terminate their parental rights. This is an adjudication. Six months after that, anyone on the case can file a motion for a Review and Redetermination trial. This trial is a time for the judge to hear updated evidence. Everyone can present evidence about the child’s needs, the parents’ fitness, and the long-term plan for the child. The judge may decide the parents are fit and dismiss the case. But if the judge finds the parents unfit, the judge must decide if it is temporary or not. If the judge decides that the unfitness is not temporary, the judge can issue a decree that terminates the parents’ rights to the child. The judge also must decide if the termination of parental rights is in the child’s best interest. Lastly, the judge must decide which long-term plan is in the child’s best interest.