The answer is it is not confidential, meaning that the DCF worker can tell his/her supervisor, people in his/her office, can also tell a Judge everything that you say to him/her.  DCF will make written reports including dictation.  So, it is important that what you talked to DCF about in substance and in style are […]

I have 3 dogs and have had cats in the past.  I know the emotional attachment that can occur with pets.  However, Probate and Family Court and the laws do not bring up the same sort of best interest standards that there is for a child or the emotional attachment piece.  Under the law, pets […]

The Massachusetts law is still evolving but in child custody disputes there are significant advantages to a parent that adopts a child and the Massachusetts courts is still having issues addressing where a child is the biological offspring of one parent but the other parent did not complete the formal adoption process prior to the […]

The placement of a child in the care or custody of a state public child welfare agency with a relative family, a foster family or an adoptive family in another state.  The placement of a child by any individual or entity into another state if the placement is for the purpose of adoption. The placement […]

In order for an ICPC placement request to get started, a caseworker (or adoption entity) in the state the child is located creates a packet that includes such items as the child’s social, medical, and educational history and the current status of any court case involving the child. The packet will also include information about […]

The Interstate Compact on the Placement of Children is an agreement between all fifty states, Washington, D.C. and the U.S. Virgin Islands. The Compact Agreement provides for the movement and safe placement of children between states when the children are in the custody of a state, being placed for private/independent adoption, or under certain circumstances, […]

Many times, clients contact attorneys at the very last minute about who is going to do the drop off and pick up and exactly what time things should occur.  It is very important for parents if there is not an explicit order to have some conversations ahead of time to figure out what needs to […]

Foster Care Reviews are involved in DCF cases where people can be involved in a review at the DCF office of the appropriateness of the child or children’s placement, the participation of the parents or guardians, foster care and DCF. There are certain tasks or service plans that are looked at in terms of the […]

In Massachusetts if somebody objects to a Motion to Dismiss, they are entitled to have a trial. Occasionally the judge might give some strong indications of what he or she may do and it might not make sense to go to trial but many times parents have tried to a Motion to Dismiss prior to […]

In practice the vast majority of times the courts do grant a Motion to Dismiss is if the Department seeks it and all parties agree.  However, the court does have discretion and can make the parties go forward at trial. I have had that occur a couple of times in my practice; although if DCF […]