A. Sources of information
The Report is expected to contain information obtained during the investigation from interviews with the parties and key collateral sources and from a review of relevant documents and records. See section V. B. for specific information to be gathered and reported.
1. Petitioner and petitioner's records
The investigation should include:
- the petitioner’s reason for filing the care and protection petition
- the petitioner’s history and involvement with the family
- the petitioner’s current situation and relationship with the parents
If the Department of Children and Families is the petitioner, its entire case file must be reviewed, including:
- the electronically-generated case file
- the on-going social worker’s binder
- G. L. c. 119, §§ 51A reports and 51B investigations
- action plans
- case reviews, including any foster care reviews
- voluntary agreements or contracts, and the
- day-to-day dictation of the social worker
2. Parents
See section V. B. 4, 9, 10, 11 The Outline of the Report, for specific information that should be obtained regarding the parents, either by interview or review of documentary sources.
3. Child on the petition
See section V. B. 5. for specific information that should be obtained regarding the child, either by interview or review of documentary sources.
4. Information from other sources
The court investigator should seek information from a variety of sources including those suggested by mother, father, child, other family members, service providers and the petitioner. Additional sources of information may include, but are not limited to:
- All key collaterals including hospitals, physicians, dentists, mental health, substance abuse, domestic violence and other treatment providers, parent aides, teachers, day care workers, early intervention specialists, police, relatives, neighbors
- The probation officer assigned to the care and protection case
- Extended family members and any other child, if age appropriate, of the parents who are not included in the petition
- Other caretakers and proposed caretakers
5. Documentary sources
Documentary sources or records may include, but are not limited to:
- Court Activity Record Information (CARI)
- Special education evaluations
- Home assessments
- Medical/health records
- School record
- Probate and Family Court records; other court records
The court, upon the filing of a petition, should automatically order the each parents’ CARI. The court may order CARI for any other individuals relevant to the petition. The court may order criminal records from other states if it is deemed necessary and appropriate. The court investigator may review the CARI in the clerk magistrate's office or the probation office, depending on local practice. A copy of the CARI should not be attached to the Report. However, the information contained in the CARI should be included in the narrative of the Report.
6. Privileged and/or confidential information
The court investigator's appointment form is issued by the court and grants the court investigator access to both statutorily privileged and otherwise restricted information. Some privileged record holders may require a separate release of the information by the holder of the privilege or a specific order issued by the court prior to releasing such information. The court investigator may ask the holder of the privilege to sign a release or may file a motion, with notice to the attorneys and pro se litigants, requesting a court order for access to the records.
B. Parents should be interviewed, and a home visit should be conducted
Parents must be interviewed and a home visit conducted. This is especially important if the parents are seeking physical custody of their child. Parents must be interviewed separately.
1. Purpose of the interview
The purpose of the interview is to gather factual information regarding the family’s circumstances and to offer the parents an opportunity to provide information that they would like the court to know about themselves and their child.
2. Preparing for the interview
Prior to meeting with the parents, the court investigator should conduct basic background research including obtaining information about the reasons the petition was filed (e.g. read the affidavit, 51A and B reports, police reports, prior court investigation reports, etc.).
3. Unannounced visits
Unannounced visits should be avoided unless the condition of the home or its occupants are an issue.
4. Scheduling the interview
The court investigator is required to contact the parent’s attorney, informing him/her of the date and time the court investigator would like to meet with his/her client; the court investigator should give the attorney a reasonable opportunity to be present, but not let the attorney’s schedule control the investigation. The court investigator is required to notify the attorney that if the attorney does not respond to the court investigator within three days of contact, the court investigator will initiate contact with the parent. An attorney cannot prevent the court investigator from performing his or her job. However, an attorney may advise a client not to meet with the court investigator or answer a particular question. If a parent's attorney informs the court investigator that the court investigator may not meet with the attorney's client, the court investigator shall inform the attorney that: (1) the court may draw a negative inference from the client’s failure to meet with the court investigator, and (2) the Report will include the fact of the client’s failure to meet with the court investigator and the reason for that failure. Thereafter, the court investigator shall not meet with the parent and shall include the details of such restrictions in the Report.
5. The use of interpreter services
A court investigator seeking to interview a parent who has difficulty communicating and understanding English, or a parent who is deaf, must obtain the services of a court-approved interpreter for the interview. It is not necessary to file a motion for funds or for the services of a court interpreter. A court investigator may arrange for the assistance of a court interpreter by contacting the Office of Language Assistance (OLA). OLA maintains a list of interpreters to facilitate access to the courts for Limited English Proficient (LEP) individuals. For Spanish interpreters, email SpanishAccess@jud.state.ma.us. For all other languages email LOTSaccess@jud.state.ma.us.
Due to the high demand for court interpreter services in court, it is important that the court investigator schedule the interview with the party for after 3 p.m. and during normal business hours.
6. The interview of the parents
The court investigator must interview each parent separately and conduct a home visit. This is particularly important if the parent wishes to have physical custody of his/her child. Each interview should be conducted with respect and openness so that the court investigator may hear their versions of the events and circumstances regardless of the allegations.
Specific areas of inquiry include but are not limited to:
- parent’s understanding of reasons the care and protection petition was filed and the parent’s responses to the allegations
- parent’s understanding of each child’s personality and needs, what parent wishes for the child and how parent would like to see child’s situation change
- the background and history of each parent as an individual, as a couple, as parents
- whether either parent or both parents are of Native American ancestry or eligible for membership in an Indian Tribe. If yes, ask the name of the tribe or tribes and the parent's connection with the tribe. For example, whether the parent lived on the reservation
- whether parentage has been established, whether the child was born out of wedlock and/or whether both parents names are listed on the child’s birth certificate
- whether there is anything not already discussed that the parent would like the court to know
See section V. B. 4, 9, 10, 11 for other potential areas of inquiry depending on relevance.
C. A child who is the subject of the petition must be interviewed (if age appropriate) and a home or placement visit must be conducted
The child who is the subject of the petition must be interviewed. The interview may be subject to some limitations given the circumstances and ages of the child. A home or placement visit must be conducted for all the children who are subjects of the petition.
1. Scheduling the interview
The court investigator is required to contact the child's attorney, to inform the attorney of the date and time that the court investigator would like to meet and interview the child and conduct a home or placement visit. The court investigator should give the attorney a reasonable opportunity to be present, but should not let the attorney’s schedule control the investigation. An attorney may not prevent the court investigator from meeting with the child who is the subject of the petition.
2. The interview of the child
When interviewing a child, the focus should be on age, developmental level, physical and other disabilities, if any. Open-ended questions should be used when interviewing the child. For example: What would you like the judge to know about you? Not: "Do you want to live with your mother or your aunt?"
Depending on the age of the child, specific areas of inquiry include but are not limited to:
- his/her understanding of why the family is involved with the court
- why he/she is in placement; where he/she wants to reside and with whom in the short and long-term
- mental health and developmental concerns and, for an older child, the use of substances
- a review of current functioning: school performance, peer relationships, interests, wishes, and ambitions.
D. A Lamb-type warning should be given before interviewing a party
1. The Lamb-type warning
The court investigator must explain to the party the role of the court investigator and the purpose of the interview. The Lamb warning involves explaining to the party the fact that information the party gives to the court investigator is not confidential and will be shared with the court. There cannot be any “off the record” discussion prior to interviewing a party. See Commonwealth v. Lamb, 1 Mass. App. Ct. 530 (1973). A similar disclosure should be made to a mature child and appropriately modified to reflect the child’s age and level of understanding.
2. Verify the party's understanding of the warning
To verify that the party understands, the court investigator should ask the party to summarize his/her understanding of the warning.
3. Advise the party to be truthful
The court investigator should instruct the party that they must be truthful, that they may have an attorney present, and that they may refuse to answer any question. However, the court investigator must inform the party that any refusal to answer questions may be included in the Report.
4. Include a reference to the Lamb-type warning in the report
The court investigator should indicate in the Report that the Lamb-type warning was given and whether the party indicated his or her understanding of the warning, or alternatively whether the court investigator believes the warning was understood.
E. Other key information to be obtained during the investigation and included in the report
1. Efforts made to contact/locate an absent parent
The court investigator should make reasonable attempts to contact/locate an absent parent. All efforts should be included in the Report with specificity.
Example: “Father’s whereabouts are unknown and the court investigator made the following unsuccessful attempts to contact/locate him: called xxx-xxx-xxxx on [date] at [time] and left a voice message.”
2. Information about a minor child who is not included on the petition
If a minor child who is not included on the petition is in the custody of the parents, the court investigator should see the child and interview him/her. If a child is not in the custody of the parents, a statement should be included indicating where the child is placed, with whom, and why the child is not in the parents’ custody. If any child is in the custody of DCF, the name and address of each child’s foster parents should be omitted from the Report. A foster parent may be referenced by role, ex. “Foster parent said . . .”
3. Safety concerns
If the court investigator becomes aware of anything that raises concerns about the safety of the child, especially evidence of domestic violence, sexual abuse, sexual exploitation or untreated mental health issues/illness, the court investigator shall bring the information to the court's attention immediately and thereafter shall include it in the Report. See section H regarding the inclusion of certain information in the Report.
4. Information from and about extended family members
Extended family members who know the child, have provided care for the child, or who may have information relative to the case, should be contacted for background history. The court investigator may ask the parent about extended family members through the use of open-ended questions. After obtaining information regarding such family members, the court investigator should, as a courtesy, disclose to the parent that he/she will be contacting the family members and those who have provided care for the child. The court investigator may ask the parent whether there is any information that he/she would like to disclose regarding any family members (e.g. any potential biases).
5. Prior care and protection proceedings
The court investigator should conduct an inquiry into the existence of any previous care and protection proceedings involving the same child. If there are any such proceedings, relevant information should be included in the Report.
6. Discrepancies or omissions
The court investigator should identify any discrepancies or omissions that arise during the investigation and include them in the Report. Information subsequently obtained to resolve those discrepancies should also be included in the Report.
Example #1: Action plan has not been developed or is out of date; the parents may not have seen the action plan; action plan is missing information;
Example #2: Social worker may or may not have seen the child or family for some time -verify this with DCF social worker; note any explanations.