Trial Courts Announced Subject to Change What is called a Triage Plan to Reduce the Number of People in Court.

Probate and Family Court Standing Order 1-20

Juvenile Court – [https://www.mass.gov/doc/juvenile-court-standing-order-1-20-court-operations-under-the-exigent-circumstances-created-by/download]

Please look at the links for the most up to date information. This is not official.

Given the actual circumstances by the Coronavirus for Care & Protection matters or DCF cases the custody hearings the Judge may have done by video conference or telephone. 

Temporary Custody hearings or 72-hour hearings are listed to proceed in the ordinary course of business. 

Waiver of Appearance:  The Juvenile Court may allow the parties such as children, attorneys and employees of DCF shall be waived wherever practicable.  No adverse inference to a party shall be drawn from that individual’s failure to appear in court where that person has been advised to stay home. 

Additional hearings and trials that are non-evidentiary that include such things as status hearings, pre-trial hearings, and permanency hearings as well as adjudication, in the best interest of child shall be continued to May 4^th or a date thereafter.

Delinquency & Youthful Offender Matters:  The Judge can have the discretion to determine that it is an immediate or urgent matter regarding delinquencies and youthful offender matters scheduled for an event between March 18^th and May 1^st for a person who is not in custody shall be continued to after May 4^th or a date thereafter.  Counsel or parties should contact the clerk’s office by telephone to schedule an event that has been continued.

Jury Trials:  If they are scheduled to start between March 13^th and April 17^th shall be continued to April 21^st or a date thereafter unless there is a showing of exceptional circumstances, and there maybe motions or other orders if there is a need that has laid out the details more in the hearing. 

Probable Cause or Show Cause Hearings: Show cause or probable cause hearings that are scheduled between March 18^th and May 1^st shall be continued to a date set by the Clerk-Magistrate and not before May 4^th.  Show cause hearings on all applications for complaints filed between March 18^th and May 1^st shall be scheduled to take place after May 4^th.

Summons Arraignments:    Summons arraignments on complaints issued between March 18^th and May 1^st shall be continued to May 4^th or a date thereafter.

Custody Matters: If the juvenile is in custody upon the agreement of the parties and within the judge’s discretion it will be continued to May 4^th or a date thereafter. However, videoconferencing should be used where available and practicable.

Child Requiring Assistance (“CRA”) or (“CHINS”) Matters:    This will be heard at the judge’s discretion.  All non-custodial hearings shall be continued to May 4^th or a date thereafter.  Waiver of appearance of the parties, including subject children, attorneys, and employees of DCF shall be considered whenever practicable.

Adoption Matters:  All adoption matters shall be continued to the first business day no less than sixty (60) days from the date of the scheduled event or to a date by agreement of the parties and the respective clerk’s office not before May 4^th.  Adoptions scheduled between March 18^th and May 4^th may be heard during that time at the discretion of the judge and by agreement of the parties. Videoconferencing should be used where available and practicable.

Harassment Prevention Orders:  The courts shall still hear emergency petitions filed under the G.L. c. 258E and the subsequent “10 day” hearing.  Videoconferencing should be used where available and practicable. 

This just describes a portion of the standing order.