It is called the Juvenile Court. Judge’s look to apply something that is called
the “Good Cause Test”. The Supreme Judicial Court of Massachusetts has
also held that a parent who testifies in a Care and Protection does not waive
their 5th Amendment Privilege in their criminal case. There are two relatively recent supreme court
cases in Massachusetts determining the Good Cause Standard and the
particular factors. The records and transcripts will only be released under Standard
of Rule 7 of the Uniform Rules of Impoundment Procedure. Some of the factors that the SJC held in
Massachusetts was that the prosecutor’s office does not have access to the
mother’s care and protection testimony unless she is going to testify in her
criminal trial. Even in that case, it would only be admissible for impeachment
purposes that the DA or prosecutor does not have access to the Care and
Protection testimony to the mother’s therapist unless the mother asserts a
mental health defense.
Father may receive the entire unredacted care and protection
transcript to mount his own defense but does not have access to the court
investigator and Guardian Ad Litem report which the SJC determined are too
speculative and opinionated and has a lot of hearsay that in order to be admissible
at a criminal trial. The father does not
have access to care and protection trial exhibits unless there necessary to
show the understanding of the trial testimony. It provides some clarification
for parents that are facing criminal charges and also have a care &
protection case and does provide a protection meaning that if you are
testifying in the care and protection case it does not mean that you are
waiving your 5th Amendment Privilege in your criminal case.
