Child Welfare laws in Massachusetts deal with several common issues that children face, for example, truancy from school, runaway or what is known as “stubborn” children, as well as the sexual exploitation of children. The laws regulating how various agencies become involved with children, how applications and petitions for various services or to make certain allegations on behalf of a child are many and complex. My hope is that this primer will be a useful tool for parent, guardians, and others that may have interest in this area for any reason.
“My Child Won’t Listen to Me…the Stubborn Child”
Massachusetts classifies children that won’t obey reasonable and lawful commands of a parent or guardian as stubborn children. In addition to disobedience, for a child to fit into the classification of a “Stubborn Child”, the disobedience must result in an inability of the parent or guardian to be able to provide adequate are for or protection of the child. Sometimes children falling into this category are considered “runaway” children.
Typically, when a parent or guardian of a child in Massachusetts finds themselves in the very difficult situation of attempting to provide care for a child that will not obey their parental commands, the level of friction between the parent and the child in the home setting is very high and growing exponentially by the day. Often, parents or caregivers in this situation are at their wits ends and searching for any reasonable means to deal with the child.
Options for the Stubborn or Runaway Child
Parents or caregivers of a child who simply will not listen do have options in Massachusetts. Option 1 involves going to the probate and family court where the child lives and explaining the situation to a court clerk, seeking to file an application for a Child Requiring Assistance (CRA). Ideally, prior to going to the court, a parent who can afford to do so should speak with an attorney as the steps which occur after the initial filing with the court will require legal counsel. Our attorney has experience in Child Welfare matters and can provide initial guidance and preparation for the representation in court that is likely to follow. For parents or caregivers unable to afford an attorney, where custody is at issue one will likely be appointed by a Massachusetts court.
Option 2 involves seeking a referral either through the court or by other means to providers that specialize in dealing with children exhibiting these behaviors. Such services often include counseling, psychiatric services, treatment programs and several other behavioral and mental health providers specializing in child welfare issues.
Next Steps
Where a CRA application has been accepted by a Massachusetts court, a preliminary hearing will be scheduled within 15 days of the filing of the application. Notice of the application will be sent to all parties except the child (unless that child is in the custody of the Department of Child and Family Services (DCF).
Do I Need an Attorney for a CRA – Stubborn Child or Runaway Child Case in Massachusetts?
Where custody is at issue in the case, a state-funded private attorney will be appointed to the case for the child and parent or guardian. It is also possible to hire a private attorney in situations where no attorney is appointed to the case (where custody of the child is not at issue).
The Preliminary Hearing
The preliminary hearing in a CRA case is the first opportunity for the judge to meet the parent/guardian and child. At this hearing the judge will decide whether to dismiss the application due to a lack of probable cause or for other reasons, to order informal assistance or to accept the application.
One critical component of the preliminary hearing is for the child to attend the hearing. Often, because of the nature of the child’s difficulties, the child will not present at such a hearing. When this occurs the court will issue a Warrant of Protective Custody which allows law enforcement to locate the child. Law enforcement must follow specific steps when executing such a warrant upon a child, and a failure to perform these steps by the law can result in a less than perfect case. Our office will review how law enforcement executed the warrant to determine if all steps were properly followed.
Dismissal of the CRA Application
Sometimes a CRA application can be dismissed because a party to the case demonstrates to the court that it would be in the best interests of the child to not proceed with the application. It is also possible that a lack of probable cause might be demonstrated to move forward with the application. When either of these eventualities occur the Massachusetts court will likely simply dismiss the case. It is important at any stage where a child’s CRA has been dismissed for the attorney handling the case to request from the court an order to expunge the case, thereby removing the matter from the child’s record.
Informal Assistance in a CRA Case
At other times a Massachusetts judge will order that the child receive informal assistance. Informal assistance is an umbrella phrase referring to several different services that might be helpful to the stubborn or runaway child. It is common for a judge to order a child to attend educational or social service programs to prevent the child from continuing on the path that they are on, with the ultimate goal of redirecting them to a more positive relationship with their parent or caregiver.
Acceptance of the CRA Application
If the Massachusetts court decides to accept the CRA application, then a fact-finding hearing will be conducted in a Massachusetts court to determine what orders are appropriate to assist the child. To learn more about what happens after a CRA Application has been accepted in a Massachusetts court, read the article by Attorney Gaudet entitled, “The Fact-Finding Hearing in a Child Requiring Assistance Case.”
DISCLAIMER: The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.