The 72-Hour Hearing is a crucial step where a judge decides temporary custody – either parents retain custody or the child is placed under Massachusetts DCF custody.
- If the judge grants custody to Massachusetts DCF, it is not permanent; it’s a temporary arrangement until further hearings.
- Parents retain the opportunity to present their case in subsequent hearings, challenging the temporary custody decision.
- Hearing Process:
- Parents can review a report by Massachusetts DCF detailing the reasons for child removal. They can respond to these reasons during the hearing, providing their perspective.
- After hearing both sides, the judge decides custody. Options include placement with relatives, biological parents, or returning to the parents.
- Usually, the judge issues an immediate decision after the hearing. However, this decision is temporary and subject to change in subsequent legal proceedings.
The 72-Hour Hearing is not open to the public, ensuring confidentiality and privacy for the involved parties.
Why is it called a “72-hour Hearing?”
The “72-Hour Hearing” is called that because it is scheduled to happen within 72 hours that a child is removed from their parent’s or caretaker’s custody.
- This hearing is also known as the “Temporary Custody Hearing” because it is a hearing to determine who should have temporary custody of the child in question.
What is the Outcome of a 72-Hour Hearing?
- Temporary Custody Decision:
- The 72-Hour Hearing results in a decision about temporary custody. The judge selects either Massachusetts DCF or a familiar person, such as relatives, family friends, or other biological parents, to temporarily care for the child.
- In some cases, the judge might decide to return the child to the parents’ custody despite the involvement of Massachusetts DCF.
- Continued Legal Process:
- If the child is placed with Massachusetts DCF, it signifies Massachusetts DCF’s responsibility for the child’s care and decisions. However, this does not conclude the Care and Protection case; it continues with further legal proceedings.
- Parents retain the right to challenge this temporary decision in subsequent hearings, allowing them opportunities to regain custody or present their case further.
Will an attorney represent me at a 72-Hour Hearing?
At this hearing and all future hearings for the Care and Protection case, you have the right to an attorney.
- If you cannot afford an attorney, the court will appoint one for you, for free.
What is the Process of Getting a Free Court Appointed Attorney?
- Income Verification: If you cannot afford an attorney, the court will appoint one for you, free of charge. The court will verify your income or benefits to determine your eligibility for a court-appointed attorney.
- Interaction with Probation Officer: A Juvenile Court probation officer will collect your financial information. Be cautious; refrain from discussing your case with the probation officer or anyone else. Information shared might be used against you, even off the record.
- Judge’s Decision:
- Eligibility Assessment: The judge will assess your financial situation to determine if you qualify for a court-appointed attorney.
- Counsel Representation Fee: If appointed an attorney, you might be required to pay a $150.00 counsel representation fee. This fee must be paid while your case is open with the court.
- Options if Not Eligible: If deemed ineligible, you have the option to hire a private attorney or represent yourself. If self-representing, you must adhere to court rules as if you were an attorney.
Will My Children Have an Attorney at the 72-Hour Hearing?
Yes, your child will be appointed an attorney to represent them. This attorney will only represent your child and act in your child’s best interests. They do not represent you at all.
