What is a Care and Protection Case?
A “Care and Protection” case begins when the Massachusetts Department of Children and Families (MA DCF) or someone else, claims in a petition to the court that the child in your care is at immediate risk of abuse or neglect. The Department must have reason to believe that a child’s wellbeing is dependent upon their immediate removal from the home.
A Care and Protection petition should be taken very seriously, as it can result in the termination of your parental rights. Parental rights can be terminated when one fails to complete services or tasks that have been recommended by the Department.
Parents should do everything in their power to avoid this; when you lose custody, you lose the right to parent your child forever. This means your child can be adopted without you knowing and you cannot request reunification with your child in the future.
A Care and Protection is not a criminal case. These cases will typically be heard in Juvenile Court by a judge. A Care and Protection case lasts for approximately twelve (12) to fifteen (15) months.
How Does a Care and Protection Case Begin?
A “Care and Protection” case starts when the Massachusetts Department of Children and Families (MA DCF) files a petition to get custody of a child. The case becomes a Care and Protection case when MA DCF’s petition is approved.
When someone reports to MA DCF that a child is being abused or neglected by a parent or caretaker, MA DCF files something known as the “51A report.” After a 51A report is filed, the social worker will decide whether to do an emergency or non-emergency investigation into the allegations.
When MA DCF decides the case is an emergency, they would have to do an emergency investigation. Emergency cases are designated as such only when the child is truly at risk of abuse or neglect. This includes all cases of child sexual abuse. This also includes cases of serious child physical abuse where a child was severely physically injured or died as a result of the abuse.
After the emergency investigation, MA DCF will determine whether the child is actually in danger or in risk of danger from abuse or neglect. When MA DCF thinks the child must be removed from the home to prevent being seriously abused or neglected, then MA DCF will file a petition for a “Care and Protection”.
Filing a petition for a “Care and Protection” means MA DCF is asking a judge for permission to remove the child from their caretakers’ custody.
A judge may reward permanent custody to MA DCF with the end goal of reuniting the child with their family later on. The child may be placed under the custody of another individual, such as another family member if asked by the partiers. If the judge decides that the parents are fit, and that the child’s interests are best served by a return home, the judge will return custody to the parents
MA DCF may continue to provide services to the family even when a judge decides that the parents are fit.
Care and Protection Outcome: Guardianship of Minor Proceedings
A child can be appointed a permanent guardian at the end of a Care and Protection proceedings. Most commonly though, guardianship cases are heard by the Probate and Family Court; the Massachusetts Department of Children and Families (MA DCF) will not be a party. Whether or not they have approval from the parents, prospective guardians can file for guardianship of a child. Massachusetts guardianship statutes require that, should it be requested or deemed necessary by the court, CPCS provide the child a court appointed attorney. Parents are not entitled to court-appointed counsel for private guardianship hearings – even if they are indigent.
What is the Sequence of Events Regarding Care and Protection Cases?
The Care and Protection begins when the Massachusetts Department of Children and Families (MA DCF) files a petition. The petition can be filed by someone other than MA DCF, such as a probation officer for the juvenile court, a family member, or a child’s guardian ad litem.
Then, an emergency hearing is held. This hearing will determine whether MA DCF should have custody of the child. The MA DCF social worker who filed the petition will explain to the judge why the Department should get custody of the child. Only the MA DCF social worker who filed the petition and the judge will be at this emergency hearing.
What Happens At An Emergency Hearing?
At the emergency hearing, the Care and Protection petition is either approved or not approved by the judge. When the petition is approved, it means the “emergency order for custody” has been “entered.”
When the emergency order for custody has been entered, MA DCF will let the parents know. Then, a second hearing will be held within seventy-two (72) hours of the emergency hearing. This is called the “72-Hour Hearing.”
The 72-Hour Hearing gives parents as well as children the opportunity to tell their side of the story and explain why the Department should not get custody of the child. At this hearing, the judge must decide whether MA DCF should continue to have temporary custody of the child. MA DCF will have custody in this case until an “evidentiary hearing on the merits of the petition” is heard.
When MA DCF chooses to file a Care and Protection petition but is not seeking custody of the child, the timeline regarding the case is the same. The difference would be that in this case, MA DCF will explain the reasons why they are filing the petition instead of explaining why they want custody of the child.
When Do Probation Officers for the Juvenile Court File Care and Protection Petitions?
A probation officer for the juvenile court would file a Care and Protection petition when they believe removing the child from their parent’s custody is in the child’s best interest.
A probation officer will be assigned to children in Child Requiring Assistance (CRA) cases. When the parent is not able to care for the child properly, the probation officer may believe the child would fare better under the care and protection, or custody, of the Massachusetts Department of Children and Families (MA DCF).
What are Nonemergency Temporary Custody Hearings?
Non-emergency temporary custody hearings take the place of emergency hearings during a Care and Protection case.
Non-emergency temporary custody hearings happen when MA DCF filed a Care and Protection petition without seeking custody of a child. An example of when MA DCF would file a petition without seeking custody is when parents refuse to let MA DCF see the child at the home or at all during a MA DCF investigation.
During a non-emergency temporary custody hearing, MA DCF asks for a hearing date for which they can address custody of the child. It is not a case where a child is in immediate danger of abuse or neglect by their parents.
A non-emergency temporary custody hearing may happen instead of an emergency hearing even when MA DCF filed the petition to seek custody. This happens when the court determines emergency removal of the child is actually not necessary.
What Rights Do Parents Have in Care and Protection Cases?
Parents and guardians have many rights when a Care and Protection petition is filed in the Juvenile Court. You should have an experienced MA DCF attorney to explain them to you. Here are some of the most important rights parents have:
The right to:
- Be represented by an attorney.
- Attend all court hearings.
- A sign language or language interpreter (when necessary)
- Have your attorney explain the allegations you are facing, advocate for your side, and present relevant evidence and witnesses.
- Seek visitation privileges with your child if they have been placed outside of your immediate care. (this right is subject to DCF approval)
- Have your Juvenile Court judge’s decision reviewed by another court.
- Ask that DCF place your child in the care of a trusted relative or individual, if your child has been removed from your home.
One should request an explanation from their attorney if they do not understand any of these rights.
What are the rights of non-custodial parents?
Parents have the right to be represented by an attorney. Even if they did not have legal or physical custody over their child when the Juvenile Court case was initially filed. Non-custodial parents have the same aforementioned rights of parents and guardians. You should seek clarification from your attorney if you do not understand any of these rights.
MA DCF Care and Protection
What Rights Do Parents Have in Care and Protection Cases?
Parents and guardians are entitled to certain rights when a Care and Protection Petition is filed against them with the Juvenile Court.
These rights include the following:
The Right To:
- Be represented by an attorney, regardless of whether or not you had custody over your child when the Juvenile Court case was filed
- Attend all court hearings
- A sign language or language interpreter (when necessary)
- Have your attorney explain the allegations you are facing, advocate for your side, and present relevant evidence and witnesses.
- Seek visitation privileges with your child if they have been placed outside of your immediate care (this right is subject to the Massachusetts Department of children and families (MA DCF) approval)
- Have your Juvenile Court judge’s decision reviewed by another court
- Ask that MA DCF place your child in the care of a trusted relative or individual, being that your child has been removed from your home
You should seek the assistance of an experienced MA DCF attorney if you do not understand any of these terms. Non-custodial parents have the same aforementioned rights of parents and guardians.