Juvenile Court Rules  Rules for the Care and Protection of Children: Rule 13. Discovery/Motion status hearing (Effective August 4, 2025)

1. Department or licensed placement agency

In any care and protection case in which the Department or a licensed placement agency is or becomes a party, the Department or the licensed placement agency shall produce for each party a copy of its entire social services file, including reports made pursuant to G. L. c. 119, § 51A and § 51B, within sixty days from the date the case is commenced, or within sixty days from the date the Department or the licensed placement agency becomes a party, whichever is later. No party receiving material produced pursuant to this rule shall further duplicate or divulge the material to any person not a party to the case unless by order of court, except that counsel for a party may disclose the material to an expert retained by counsel. The expert shall not further duplicate or divulge the material and shall return the material to the counsel that retained the expert.

When producing a copy of its social services file in compliance with this rule, the Department or the licensed placement agency may withhold privileged material and work product of its attorney. The Department may withhold the names, and other reasonable identifying data, of past or present foster parents of a child who is a subject of the case, or of an adoptive parent or prospective adoptive parent of a child who is a subject of the case, or of the reporter on reports made pursuant to G. L. c. 119, § 51A, subject to orders for further production. The attorney for the Department or the licensed placement agency shall produce with the copy of the file a list of the materials and information withheld. The attorney for the Department or the licensed placement agency shall have an ongoing duty to produce for each other party updates every sixty days made after initial production required in this subsection.

2. Other discovery

Other discovery may be had only by court order on such terms as the court prescribes. A court order shall be requested by motion in accordance with Rule 7.

There shall be a discovery/motion status hearing held within 90 days after the commencement of a care and protection case. All parties and counsel are required to be present at the hearing, which may occur virtually or in person, at the court’s discretion, except that counsel for the child may appear without his/her client. Failure of one or more parties to appear shall not preclude the court from proceeding with the hearing.

1. Hearing on the merits

The court shall schedule no less than three consecutive days for the hearing on the merits if the days were not scheduled at the temporary custody hearing.

2. Other issues to be addressed

At the hearing the court shall also address: the progress of the court investigation or the report; service of process in accordance with Rule 5; discovery motions and compliance by all parties; child identification; the Indian Child Welfare Act and Interstate Compact on the Placement of Children, if applicable; any special evidentiary issues; the Department's plan to achieve permanence; any issues regarding services being offered or delivered to the family pending trial; confirmation of the dates for the pre-trial conference, trial readiness conference and the hearing on the merits; and compliance with the standing orders regarding time standards and scheduling order. Nothing in this rule shall preclude the court from hearing motions, including discovery motions, at other times in the interests of justice.

3. Orders

At the conclusion of the hearing, the court shall issue any necessary and appropriate orders to resolve the matters before the court.

See Juvenile Court Standing Order 1-84, Juvenile Court Case Records and Reports, regarding the confidentiality of records filed in the Juvenile Court.