It depends on the local practice. Many of the Courts that I am in, parents are certainly entitled to go but are not required and parents missing that date will not be held against them versus missing other dates.  At the end of date, most of the time it deals with the status and making […]

The report should have all the identifying information about the parents, children, legal names, legal history, such as date of marriage, divorce, court docket numbers, paternity and things of that nature.  What the issues are, and the allegations listed in the DCF Affidavit should include some family history, the conduct of the parties prior to […]

The court in every care and protection case is supposed to appoint a Court Investigator that is not part of DCF and not representing any of the parties. Similar in many ways to what is called a Guardian ad Litem report that you would typically see more often in Probate and Family Court.  The court […]

If you Lose at Trial for Termination of Parental Rights, can you Appeal? The answer is Yes, you can appeal in Massachusetts. However, if you wish to appeal, you must file a Notice of Appeal and you need to file this as soon as possible. There are strict time requirements.  The attorney can say, if […]

In a Care and Protection and DCF or Termination of Parental Rights Case, what is the Burdon of Proof?  The Petitioner who is usually DCF must establish the parent(s) lacks the “ability, capacity, fitness and readiness” to provide for the best interest of the children. There are a variety of determinations that the Court must […]

This can occur both in Probate Court and Juvenile Court, but typically in a Juvenile Court where most of these cases are dealt with.  All parties along with their attorneys must present at the Pre-Trial Conference. There can be some reasons to excuse the clients abuses. Usually, you want to ask ahead of time and […]

In In a DCF or a Care and Protection Case, How Does my Attorney or myself get a copy of the DCF File and Service Plan and why are there so many Restrictions?  Your attorney or yourself; if you are representing yourself, is entitled to a copy of your entire social service file related to […]

In Massachusetts Juvenile Court it has what is called an “Original Jurisdiction” over a “Delinquent Child” over “Youthful Offender.” It is a bit more complicated, but the idea behind youthful offenders are more similar to felonies such as if someone was an adult, where they would be punishable by going to prison and a state […]

There are couple of different avenues that you can do.  One is called an Income Assignment, where the Department of Revenue will enforce the Child Support Guidelines.  It is a process of obtaining the payment of the support directly from the income of the non-custodial parent rather than that parent writing a check or a […]

The Court has to find that you are indigent and there are only certain cases that they will consider appointing as an attorney. Indigencies under the General Laws of Chapter 261 Section 27a.    If you are receiving public assistance if after your tax income is 125% or less of the poverty threshold and those who […]