Attorney for a child
The attorney for the child represents them in court. They advocate for what the child wants in the case. They give the child information about the law and updates on the case. They also provide advice on the legal options available to the child. They help the child resolve questions with DCF or other parties on the case. If a child is too young to think about and say what they want in a case, the attorney does what they think the child would want if they could talk about it. This is called “substituted judgement.”
Guardian Ad Litem (GAL)
The judge might appoint a Guardian Ad Litem or GAL in a case. There are different reasons for a GAL, and it doesn’t always happen. A GAL might be appointed for a child in DCF custody if:
- they receive certain medications,
- they have special rights that need to be protected,
- there is a special issue that needs investigation,
- they have special education needs
- there are religious or other reasons that treatment for a child has been refused, or
- doctors are recommending that life sustaining medical treatment should stop
The GAL will then investigate the situation, file reports with the court and monitor or help with the situation.
Learn more about GAL
- G.L. c. 119, § 38A
- G.L. c. 123, § 8B
- Rogers v. Commissioner of the Department of Mental Health (antipsychotic meds)
- Care and Protection of Sharlene
- Care and Protection of Beth (extraordinary medical treatment)
- Custody of a Minor (No. 1) (no code order)
- Guardianship of Roe
GAL forms
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Open PDF file, 1.09 MB, Guardian Ad Litem's Itemization of Services Additional Page (JV-068) (English, PDF 1.09 MB)
Court investigator
The court investigator is an independent person appointed by the judge to investigate the background of the case, the current needs of the children, and the parents’ ability to take care of the children. It is very important to talk to the investigator to make sure the judge learns each person’s side of the case. They file a written report with the court and sometimes testify in court.
Learn more about court investigators
Court investigator forms
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Open PDF file, 1.48 MB, Application for Appointment as Court Investigator (JV-082) (English, PDF 1.48 MB)
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Open PDF file, 1.39 MB, Court Investigator Motion (JV-127) (English, PDF 1.39 MB)
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Open PDF file, 59.15 KB, Court Investigator's Oath (JV-128) (English, PDF 59.15 KB)
- Court Investigator Interpreter Request Form