The laws in Massachusetts regarding Child Welfare are many, and abuse involving children is no exception. One area of abuse that is sometimes implicated in a child welfare case, specifically, in a CRA or Child Requiring Assistance Case is that of sexual exploitation.

Sexual exploitation among Massachusetts children, defined in the statute as under the age of 18, is a very difficult and heart-breaking subject. However, this subject is one which must be faced squarely and dealt with immediately if the child is to have a strong chance at benefitting from early intervention. In this article, I hope to inform the reader as to the application of child welfare laws in Massachusetts to this most vexing problem.

“I Think My Child is Being Exploited”

Massachusetts classifies the sexual exploitation of children in a number of different ways under current statutes. A child may be engage in servitude or trafficking, engaging in sexual activity for a fee, may be induced by another into prostitution, or falling within the “common” streetwalker statutes of the Commonwealth.

The Next Steps – Taking Action by Filing a Child Requiring Assistance Application

Once some version of sexual exploitation has been identified it is critical to intervene early. Intervention in this context is usually taken by a parent or a mandated reporter (a person required under statute 51A to report victims of abuse to the appropriate Massachusetts agency), and sometimes, even reported by the child themselves.

Once reported to the State, typically a preliminary hearing to determine the acceptance of a Child Requiring Assistance (CRA) application will be held so that the Juvenile court judge can determine whether to dismiss for lack of probable cause, deny the application, order informal assistance or accept the application. If the application is accepted by the judge, this hearing also allows the judge to get a sense as to how to best assist the child in the short term and set the stage for later court proceedings to determine in a Fact-Finding Hearing (if the case is taken by the court) the strength of the evidence in the case and later, if the case is successfully proven, precisely what assistance to provide to the child.

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, as previously mentioned, is the first chance that the Juvenile court judge has to get to know the parent or guardian, the child involved and some of the alleged circumstances of the case. Again, the judge may dismiss the case, accept the application, or order informal assistance.

Sometimes the difficulties faced by the child are not limited to exploitation, and they may be unwilling to attend the hearing. When a concern exists that the child will not show up to a hearing, a judge may issue a warrant of protective custody for the purpose of locating the child and executing the warrant to ultimately produce the child before the Juvenile Court. This aspect of the process must be followed to the letter and, in it is not, may serve as the basis for a challenge to the proper execution of the warrant.

Acceptance of the CRA Application

Again, the judge may decide to deny the application. Or, alternatively, may decide to order that the child receive informal assistance. If the judge does not proceed with one of these two options, the judge will likely accept the CRA application and the court will then schedule a fact-finding hearing (essentially a trial) at which the court will make every effort to determine from the evidence presented at the hearing whether the case should proceed as a Child Requiring Assistance. 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.”

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