MA DCF  Protection Emergency Hearings

What is an “Emergency Hearing?”

An “Emergency Hearing” in a Care and Protection case is the result of an urgent situation regarding the safety or well-being of a child. The Care and Protection petitioner will describe whatever emergency circumstances lead to this report. 

At this hearing, the judge has the power to remove a child from the care of their parent(s). In the event of this decision, the Massachusetts Department of Children and Families (MA DCF) will be granted custody of the child. Within 72 hours, a hearing must be scheduled in order to determine the child’s chain of custody. 

What is an Emergency Hearing?

Emergency hearings take place in the Juvenile Court where it is not likely for parents to be present. Custody of a child can be removed from a parent of guardian during this type of hearing. For this to occur, the judge must grant DCF custody. In the event of this decision, a hearing must be scheduled within 72 hours in order to address the child’s chain of custody. You will be notified about this hearing and have the opportunity to attend with the support of counsel.  

What is a Motion/Status Conference? 

The “Motion/Status Conference” is a hearing which can address issues parents and caretakers have with aspects of their Care and Protection case.

In other words, this hearing is a chance for parents to voice their concerns with the Massachusetts Department of Children and Families’ (MA DCF) actions over the Department’s involvement in the Care and Protection case. It is also a chance for caretakers to request for anything that can help their case. You and your attorney can use this hearing to request MA DCF to provide you with all of their records on your family.

The issues to be addressed during a Motion/Status Conference could be about parents’ visitation rights with their child. They could also be about MA DCF failing to stick to their responsibilities. 

The Motion/Status Conference takes place within ninety (90) days of the Care and Protection case being opened.

What is a “Pre-Trial Conference” by MA DCF?

The “Pre-Trial Conference” is the hearing which happens before your Care and Protection case goes to trial. The Pre-Trial Conference will be held in front of a judge. All the parties involved with the case (you, your child, and the Massachusetts Department of Children and Families(MA DCF) ) will explain to the judge what evidence will be presented when the case goes to trial.

The Pre-Trial Conference takes place within one-hundred and twenty (120) days after the Care and Protection case is opened. You are allowed to be represented by an attorney during this hearing.

Kevin Seaver is a Trusted MA DCF Attorney Specializing in DCF Law since 1991.