- Return of Custody Order: All temporary or permanent custody orders returning custody to the parent, custodian, or guardian, shall be in writing.
- Temporary Return of Custody Order. Any temporary custody order issued to a parent, custodian, or guardian shall remain in effect until a date as determined by the judge that is consistent with the needs of the child and family, the circumstances of the case and that is within time standards as set forth in Juvenile Court Standing Order 3-25.
- Conditions. The court shall set conditions in writing addressing the child's care and safety when issuing any temporary custody order pursuant to this standing order, unless the judge determines that conditions are not necessary in a specific case. The judge shall set forth, in writing, the reasons for why conditions are not needed in the case.
The court may consider setting, but is not limited to, the following conditions when applicable:
- The Department and Probation to have access to the child at home.
- Parent, custodian, or guardian to cooperate with the reunification portion of the Department's Family Assessment and Action Plan, if applicable.
- Parent, custodian, or guardian to maintain all of the child's medical, dental, psychological/psychiatric and educational services and appointments. If the child has a physical disability, the parent, custodian, or guardian to maintain all services and accommodations necessary for the child. The Department shall provide the parent, custodian, or guardian the information they need to maintain the child's appointments, services, and accommodations, as well as any other necessary supports.
- Parent, custodian, or guardian to maintain a safe home environment.
- Parent, custodian, or guardian to remain drug and alcohol free if there is a substance use issue as determined by the Department.
- Parent, custodian, or guardian and child to meet with the Department social worker and/or Probation.
- Parent, custodian, or guardian and child to meet with the GAL Evaluator as ordered if one is appointed by the court.
- Parent, custodian, or guardian and child to meet with the Court Investigator as ordered if one is appointed by the court.
Supervision and visits by probation shall be conducted in accordance with Probation Standards unless otherwise ordered by the court.
C. GAL Evaluator and CASA. Upon the issuance of a temporary custody order to the parent, custodian, or guardian, the court may appoint a GAL Evaluator for the purpose of oversight regarding one or more specific conditions set by the court in the custody order. The GAL Evaluator shall be authorized by the court to contact the child's school, the child's medical providers and any other service providers to request information regarding the child to assist with the oversight of the specific conditions. The GAL Evaluator appointment letter shall outline the GAL Evaluator's authority and scope of appointment.
The court may appoint a court appointed special advocate (CASA) if the program is available in that court division. The CASA shall be authorized by the court to contact the child's school, the child's medical providers and any other service providers to request information regarding the child to assist with the oversight of the specific conditions. The court shall provide the CASA with an appointment letter outlining the scope of the appointment or may modify an existing appointment letter if the CASA was previously appointed on the case.
Though the court may appoint a GAL Evaluator or CASA for the purpose of oversight of one or more conditions, probation is expected to oversee the conditions as required under the Probation Standards or as otherwise ordered by the judge.
D. Notification lo !he Court Regarding the Condition of the Child. During the pendency of the care and protection matter, if Probation or the Department believes that the child's safety may be in danger or at risk and/or the parent, custodian, or legal guardian is not complying with the conditions of the temporary custody order, Probation or the Department shall file a notice to advance the case before the court with a copy to all parties on the case.
A court investigator, CASA, or GAL who has been appointed to the care and protection matters shall notify Probation in writing if they believe that the child's safety may be in danger or at risk and/or the parent, custodian, or legal guardian is not complying with the conditions of the temporary custody order. The court investigator, CASA or GAL shall detail their concerns in the written notification to Probation. The notification shall be emailed or submitted to the Chief Probation Officer of the appropriate Juvenile Court division. Probation shall then file a notice to advance the case before the court, providing a copy to all parties on the case of the notice which would include the concerns regarding the child.
Upon receipt of the notice to advance, a hearing for all parties may be scheduled at the discretion of the presiding judge. If the judge determines that a hearing shall be held, the clerk's office shall notify the parties of the scheduled date.
This section does not preclude probation from communicating with the Department pursuant to G.L. c. 119, § 5 lA. The Department retains its authority under G.L. c. 119, § 5 lB, to take the child into immediate temporary custody if the Department has reasonable cause to believe that removal is necessary to protect the child from abuse or neglect.
Though Probation may advance the case on behalf of a court investigator, CASA, or GAL, probation is not responsible for presenting information on their behalf at the hearing if one is held by the court.