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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 […]

There is something that is called a Lampron-Dwyer Protocol you have to file and do a service of a motion. It is under the Mass Rules of Criminal Procedure 17.  The idea is if there is a 3rd party record that you are seeking, there are some requirements that need to occur which you can […]

In Massachusetts children are considered to be incompetent legally, meaning making a decision such as whether or not to waive their Therapist Patient Privilege.  A GAL would be appointed to not just ask the child what his/her position is, but to substitute their judgment for the child to determine whether or not it would be […]

You need to check with the court and the procedures with the court but usually the answer is yes. You can have a hearing to have some of the conditions amended or changed.  A lot of the time those can be conditions regarding a child or children. Other times it can be something as simple […]

In Massachusetts if you decide to hire a new attorney, typically what happens is that new attorney files something called a “Notice of Appearance” providing that to your prior attorney and that attorney would file a “Notice of Withdrawal”.  I would send all the relevant paperwork in your file to your new attorney. So, you […]