What is the Rule for a Care and Protection of Children at the Temporary Custody Hearing and the Waiver Process?

Under the General Laws, Ch. 119 Section 24 or 25 under Rule 9. The Temporary Custody hearing can be waived by a parent, guardian, custodian or child.  The waiver of a parent, guardian or custodian shall be in writing signed by the parent, guardian or custodian.  Unless the parties are representing themselves, then the attorney is supposed to provide a certification as well.

The certification by the attorney includes the fact that the attorneys discuss the waiver with the client and advises the client about giving up the right to object and present evidence at the hearing in opposition to the court’s orders.  It can include orders regarding the child’s custody and the right to appeal the trial courts orders to the Appeals Court. 

The waiver and certification are supposed to be on a form that is approved by the Chief Justice of Juvenile Court. The Judge in juvenile court is supposed to conduct a colloquy meaning explaining to the parent, guardian or custodian in court and deter whether the waiver that the parent, guardian or custodian signed was voluntarily and intelligently made. 

The issues with children are a little bit different where there is an attorney that will be appointed for the child and that attorney may waive the temporary custody hearing by signing the waiver and certification form on behalf of the client.