Juvenile Court Rules  Rules for the Care and Protection of Children: Rule 14. Pre-trial conference in care and protection cases (Effective August 4, 2025)

A pre-trial conference shall be held within nine months from the filing of the petition. All parties are required to be present with counsel at the pre-trial conference, 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 pre-trial conference. The conference may be held in person or virtually, at the court’s discretion.

If an adjudication of unfitness enters on the case, a pre-trial conference shall be scheduled to occur within three months from the date of the adjudication, with a status hearing held no later than every three months thereafter until final disposition.

The court may issue, or one or more of the parties may request, a summons to the court investigator to attend the pre-trial conference. When so summoned, the court investigator shall attend the pre-trial conference to respond to any questions regarding the process of the investigation or the report filed in accordance with Rule 11 and G. L. c. 119, §§ 21A, 24. Failure of the court investigator to be present without good cause or the unavailability of the report shall not preclude the court from proceeding with the pre-trial conference.

At the pre-trial conference, the Department shall report on the recommendation of the Foster Care Review regarding the permanency plan for the child as well as the Department’s permanency recommendation. The previously scheduled dates for the hearing on the merits shall be reviewed and rescheduled, if needed.

In addition, the court shall address the matters set forth below:

1. Whether parents, guardians, custodians, have been served by the petitioner and the date(s) of service;
2. Whether discovery has been completed; and if discovery has not been completed, a list of discovery items not yet provided and the compliance date;
3. Relief sought, including whether or not there will be a request for a decree dispensing with the need for parental consent to the adoption, custody, guardianship or other disposition of the child named in the petition;
4. Identification of the specific contested issues to be litigated at trial;
5. A stipulation of all uncontested facts and issues;
6. A list of proposed exhibits to be introduced at trial;
7. A list of proposed witnesses which shall include the names of any expert witnesses, a delineation of the issues to which the expert is expected to testify, and a copy of his or her curriculum vitae;
8. Issues regarding the admissibility of evidence at trial;
9. Scheduling a date for the submission of motions in limine, if any, and scheduling a hearing thereon, if necessary;
10. Any unaddressed motions;
11. Whether a writ of habeas corpus will be required to ensure attendance of a party or witness, or whether a witness needs to participate telephonically or by other means;
12. Whether an interpreter is required;
13. Whether a child witness needs an accommodation to testify;
14. Whether, if the Indian Child Welfare Act (ICWA) applies, the tribe has been notified and has responded and whether other legal requirements under ICWA have been satisfied;
15. An estimate of trial time; and
16. Any other matters that may aid in the disposition of the action.

The court shall address, where applicable:

17. Whether the possibility of settlement has been discussed;
18. Whether counsel for the parties have discussed mediation with their client(s) pursuant to Rule 5 of Rule 1:18 of the Supreme Judicial Court; and
19. DCF’s plan to provide timely notice of the trial to the foster parent, pre-adoptive parent or relative providing care.

A pre-trial conference form approved by the Chief Justice of the Juvenile Court shall be available to be used at the court’s discretion.

The court shall attach the court investigator's report to the petition at the pre-trial conference, or at the next court date after the filing of the report. The report shall then become a part of the record in accordance with G. L. c. 119, § 24.

All future dates shall be reviewed by the court and the parties at the conclusion of the pretrial conference.

The purpose of the pre-trial conference is to address any matters that may impact the timely resolution of the case and permanency for the child.

When summoned to attend the pre-trial conference by the Clerk's Office, the court investigator is present to answer any questions from the parties, their attorneys or the court regarding the process of the investigation and to identify sources of information. It is not the purpose of the attendance of the court investigator at the pre-trial conference to address the factual content of the investigator's report or assess the credibility of the investigator or the reliability of the information in the report. When the court investigator is summoned to attend the pre-trial conference, the court should make every effort to conduct the hearing as early as possible on the scheduled date in order to avoid and/or reduce the wait time for the court investigator.

This rule makes it clear that the court investigator's report automatically becomes part of the record in accordance with G. L. c. 119, § 24. The court investigator's report becomes part of the record and evidence not by its physical “attachment” to the petition but by operation of law. General Laws c. 119, § 24, requires that “the court shall appoint a person qualified under section 21A to investigate the conditions affecting the child and to make a report under oath to the court, which shall be attached to the petition and be a part of the record.” (emphasis added). Accordingly, the Appeals Court has held that there is “no question that § 24 anticipates use of the report by the trial judge.” In re Zita, 455 Mass. 272, 281 (2009) (citing Custody of Two Minors, 19 Mass. App. Ct. 552, 559 (1985)). See also Custody of Michel, 28 Mass. App. Ct. 260, 267 (1990). (“Primary reliance concerning the family picture will be on the § 24 report. Such is the import of the statutory language ...”)

Because the investigator's report is part of the record of the case, there can be no objection in general to the receipt or use of the investigator's report in arriving at decisions in care and protection cases. Custody of Michel, 28 Mass. App. Ct. at 265. The report may contain hearsay statements from a wide variety of sources and the cases do not distinguish between levels of hearsay. Id. at 266. Parties have a fair opportunity to rebut allegations in the report by cross examining the court investigator and his/her sources or by other means at trial, so it is vital that all sources of statements and information in the report be clearly identified. Specific objections may be made by motions in limine. Custody of Tracy, 31 Mass. App. Ct., 481 (1991) and Custody of Michel. See also Mass. G. Evid. § 1115(c)(1) and (e)(6) regarding court investigator reports in general.