Juvenile Court Rules  Juvenile Court Standing Order 1-26: In-person and remote hearings

This Standing Order sets forth how in-person and remote proceedings in the Juvenile Court shall be heard.

The term "electronic filing," "e-filing," "electronically filed" shall refer to the submission of documents through the e-filing system for purposes of filing in a case. E-mailing or sending a document by facsimile does not constitute "e-filing" a document.

The term “hybrid” as appearing in this Standing Order shall refer to conducting the hearing with some parties, counsel and witnesses appearing in-person and others appearing remotely.

The term “in person” as appearing in this Standing Order shall refer to conducting the hearing with all parties, counsel and witnesses present before the judge in a courtroom.

The terms “remote hearing” or “remotely” as appearing in this Standing Order shall refer to the resolution of a matter through the use of telephone, computer, videoconference, email, electronic filings and/or other comparable means with all parties, counsel and witnesses appearing before the judge through such means.

All Juvenile Court locations shall be open to the public for all purposes as outlined in the orders of the Supreme Judicial Court, Executive Office of the Trial Court, and this Standing Order.

Upon the effective date of this Standing Order, the following hearings shall be held in person.

A. Care and Protection Matters

1. Temporary Custody Hearing/72 Hour Hearing (G.L. 119, § 24), unless the parent/guardian/custodian is waiving the hearing
2. Hearing on the Merits/Best Interest/Termination of Parental Rights, unless the parent/guardian/custodian is waiving the hearing
3. Trial Readiness Conference
4. Do Not Resuscitate/Withdrawing Life-Sustaining Medical Treatment (G.L. c. 119, § 38A)

B. Delinquency/Youthful Offender Proceedings

1. Arraignments
2. Bail Hearings
3. Dangerousness Hearings (G.L. c. 276, § 58A)
4. Motions to Suppress
5. Competency Hearings – if testimonial evidence will be presented.
6. Tender of Plea/Admissions
7. Bench Trial
8. Jury Trial
9. Probation Detention Hearings/Violation of Probation Hearings—when the youth is not in custody.

C. Guardianships

1. Hearing on Motion for Temporary Guardian
2. Hearing on the Merits/Hearing Appointing Permanent Guardian
3. Hearing on Motion to Revoke Guardianship or Resignation of Guardian

D. Substance and/or Alcohol Use Disorder Petitions (G.L. c. 123, § 35)

1. All hearings

E. Mental Health Petitions (G.L. c. 123, §§ 7, 8)

1. All hearings

F. Harassment Prevention Orders (G.L. c. 258E)

1. All hearings

G. Child Requiring Assistance Proceedings

1. Preliminary Hearings
2. Any hearing where temporary custody of the child may be transferred to the Department of Children and Families
3. Any hearing where the child is in the custody of the Department of Children and Families and placed outside of the home

Upon the effective date of this Standing Order, the following hearings shall be held remotely.

A hearing required to be held remotely by this Standing Order may be held in person in a specific case at the discretion of the presiding judge.

A. Care and Protection Matters

1. Identification of Subject Children in Care and Protection Matters
2. Motion/Status Hearings
3. Pre-Trial Conference Hearings
4. Orders for Anti-Psychotic Medication and Extraordinary Medical Treatment
5. Permanency Hearings

B. Child Requiring Assistance (CRA)

1. Conference

C. Delinquency/Youthful Offender Proceedings

1. Pre-Trial Conference/Compliance and Election
2. Reports/Status Hearings

Upon the effective date of this Standing Order, the following hearings may be heard in person or remotely in a specific case at the discretion of the presiding judge.

A. Adoptions

1. All hearings

B. Child Requiring Assistance (CRA)

1. Fact Finding Hearing, for any case where the child is not in DCF custody and placed outside the home
2. Disposition Hearing for any case where the child is not in DCF custody and placed outside the home
3. Disposition Review Hearing for any case where the child is not in DCF custody and placed outside the home

C. Delinquency/Youthful Offender Proceedings

1. Trial Readiness Conference

A. Other Case Types/Hearings

Any case type and/or event not specifically named in Sections III, IV, or V of this Standing Order may be heard in a manner as determined by the presiding judge assigned to the case. The presiding judge shall ensure that all parties and attorneys involved in the case are notified of whether the case will be heard in person, remotely or as a hybrid.

B. Hybrid Hearings

Except as otherwise prohibited by Juvenile Court Rule, any hearing designated as in person, remote or both in Sections III, IV or V of this Standing Order may be heard as a hybrid proceeding where one or more of the parties, counsel and witnesses appear remotely for in-person hearings under Sections III or V, or in person for remote hearings under Sections IV or V.

Jury trials in delinquency and youthful offender proceedings shall not be heard as a hybrid hearing.

The determination to hold a hybrid hearing shall be made by the presiding judge based upon the circumstances of the case, the resources of the court and the availability and needs of the parties, counsel, and witnesses.

A. Public Access

Most Juvenile Court proceedings are closed to the public. Litigants, witnesses or members of the public seeking specific information regarding a Juvenile Court hearing or case should contact the relevant Juvenile Court Clerk’s Office for further information.

B. Prohibition on Photographing, Recording, or Transmitting Remote or Hybrid Hearings

If granted public access to a Juvenile Court hearing or case, no person shall take any photographs, or make any recording or transmission by electronic means, of a remote or hybrid court hearing, without prior authorization from the judge or clerk magistrate having immediate supervision over the remote or hybrid hearing, consistent with Supreme Judicial Court Rule 1:19, which governs electronic access to the courts.

A. Recording and Docketing of Remote Hearings

All remote hearings shall be held in a courtroom or other location that can be recorded by the court’s electronic recording system, For the Record (FTR). Clerk-Magistrates shall docket all cases in MassCourts consistent with normal procedures.

B. Court Investigators and Guardians Ad Litem

Any court investigator appointed to a care and protection matter shall conduct the investigation as required by G.L. c. 119, §§ 21A, and 24. Court investigators may conduct in-person or remote interviews, in their discretion unless otherwise ordered by the presiding judge, though the recommended best practice is for in-person interviews whenever possible. Court investigators shall e-file, mail or file the report in person at the clerk’s office. Court Investigators shall also ensure a copy of the filed report is provided to all counsel of record and any pro se party, which service may be made electronically.

Any guardian ad litem appointed shall conduct their work as outlined by the scope of their appointment. Guardians ad litem may conduct in-person or remote interviews unless otherwise ordered by the presiding judge, in their discretion, though the recommended best practice is for in-person interviews whenever possible.

C. E-Filing

All filings filed through e-filing shall be filed in accordance with the Juvenile Court Rules on the Care and Protection of Children, but in no event less than 24 hours prior to the next scheduled hearing date. Any filings e-filed less than 24 hours prior to the scheduled hearing shall not be accepted unless the Clerk-Magistrate, in their discretion, determines that the filer has good cause for the late filing.