What is a “Review and Redetermination?”
A “Review and Redetermination” is a process where the court, in response to a party’s request, reviews the current needs of a child after the Care and Protection case is over. A Review and Redetermination hearing will be centered on new developments that have happened since the previous judgment.
Parents, children, and all other parties involved have the right to a Review and Redetermination for a Care and Protection case. Usually, parents request for a Review and Redetermination after judgment regarding the child’s custody is entered in a care and protection case.
Parents still have rights to fight for their children in a Care and Protection case after the judge appoints a permanent guardian for the child at the trial (or “hearing on the merits”). This includes the right to “Review and Redetermination” as well as the right to an attorney.
Even when the parent loses custody, the Department may want to get rid of the parents’ parental rights. That means MA DCF sometimes petitions for Review and Redetermination in order to terminate parental rights.
A “Review and Redetermination” will only happen when parents request for it. A Review and Redetermination hearing is not mandatory for every Care and Protection case.
What happens at a Review and Redetermination proceeding?
A Review and Redetermination proceeding is a review of the custody order.
If the Department requests a Review and Redetermination, it has to produce credible and reliable evidence that circumstances have changed.
Not all petitions for Review and Redetermination require evidence of a significant change in circumstances. No change in circumstances “may be a sound basis for altering the court’s order. The previous solution may not have worked.” For example, a child may seek to be placed in the custody of a relative when no progress has been made by DCF in finding an adoptive family for the child.
When parents or children requested for a Review and Redetermination, MA DCF must prove that the parent is still unfit to care for the child, and that it is still in the child’s best interest to not be in the custody of their parent. MA DCF must also prove that the child needs to be in the Department’s custody.
The judge may consider the findings from prior proceedings without requiring parties to reprove facts from those same proceedings. The focus of a Review and Redetermination hearing is expected to be on new developments to the case since trial or the last Review and Redetermination hearing.
The focus of a Review and Redetermination hearing is based on events that happened after the Care and Protection trial. This hearing is typically not as long as a normal trial. Regardless, attorneys must prepare in the same way that they do for trial, as Review and Redetermination proceedings are “evidentiary proceedings”. That means during them, evidence must be presented and explained.
Who can Request “Review and Redeterminations?”
It must be requested by one of the parties: a guardian or guardian ad litem, a person with legal custody, or a probation officer. Typically, the Review and Redetermination hearing is initiated by written motion. Counsel must then file detailed affidavits and any other supporting documents.
Who is involved in “Review and Redeterminations?”
Foster and pre adoptive parents of the child have the right to be informed of the results of the Review and Redetermination. They also have an opportunity to be heard at a Review and Redetermination. They don’t have to be called as a witness.
What is the Purpose of “Review and Redeterminations?”
The purpose of a “Review and Redetermination” is to determine whether the family’s circumstances or situation have or has changed.
When the circumstances have changed, it could mean that the original permanency plan for the child after the trial for the Care and Protection can change as well.
When Can You Ask for a “Review and Redetermination?”
Parents can ask for a Review and Redetermination once every six (6) months. Parents can only request for this while the child is in MA DCF’s custody. Unfortunately, parents whose rights have been terminated cannot request a Review and Redetermination.
Parents can request for a Review and Redetermination when MA DCF failed to make sufficient efforts for reunification between the parent and child.
What Happens After a “Review and Redetermination?”
After a Review and Redetermination hearing, the judgement is final. But, the decision may be appealed by any party involved in the case. This appeal follows the same rules as does an appeal of the original judgment after trial.
What is the Difference between a “Review and Redetermination” and an “Appeal?”
Review and Redetermination is not a substitute for appeal. However, it gives you the opportunity to show that circumstances have changed since the trial. You can show that for these changes the court should modify its prior judgment.