In Massachusetts, the law provides many methods to address issues related to child welfare. One area of the law that arises frequently is a Child Requiring Assistance (CRA) application filed in the Juvenile Court where the reason for the application involves (a) a Truant child or (b) a Habitual School Offender. When either of these CRA applications are filed on behalf of a child, parents need to know what the process is, and what they can and should do about it.
Please see the two types of CRA applications described in this article below:
The Truant Child – CRA
Where a child has been absent from school (unexcused) and willfully fails to attend for greater than 8 days in a school quarter, the school may file a CRA application on that basis that the child is truant. As with all CRA applications in Massachusetts, the child must be between the ages of 6 and 18 years of age to make such a filing. Also, it is very important to note in these cases that the school has an obligation to demonstrate steps that were taken by the school to attempt to improve the attendance of the child.
The Habitual School Offender – CRA
The habitual school offender is defined as a child (again between the ages of 6 and 18 years of age) who repeatedly fails to obey lawful regulations of a school. Here, the school can file under this type of CRA in Massachusetts for the purpose of obtaining assistance and intervention by the State of Massachusetts to deal with the child’s disobedience of school regulations. Also, the school must demonstrate that it took steps to improve the child’s behavior prior to filing a CRA.
The Next Steps –Filing a Child Requiring Assistance Application (CRA)
A preliminary hearing to determine the acceptance of a Child Requiring Assistance (CRA) application is generally the first step and held for the purpose of assisting the Juvenile Court judge in deciding as whether to dismiss the application for lack of probable cause, to deny the application wholesale, to order informal assistance for the child or to accept the CRA application.
If the application is accepted by the judge, the next step is schedule a Fact-finding hearing (a trial) to determine if the child is in need of assistance.
Do I Need an Attorney for a CRA – Habitual Offender or Truancy in Massachusetts?
The child has a right to an attorney at each hearing in Massachusetts. This attorney will be appointed by the court if the parent or guardian is unable to hire their own attorney. Likewise, parents have a right to have an attorney present at any hearing where custody is an issue in the case, however, having that attorney paid by the State of Massachusetts depends on the ability of that parent or guardian to afford an attorney. Where a parent or guardian cannot afford an attorney, the State will appoint one to represent them at a hearing.
The Preliminary Hearing
It is important to know, going into a preliminary hearing, what the potential outcomes for the case may be. First, a judge may dismiss any case before the Juvenile court. Another option would be to accept the CRA application while ordering for informal assistance to the child. And finally, a Massachusetts Juvenile court judge may accept the application for CRA.
Acceptance of the CRA Application
If the judge decides to move forward with the CRA, which often occurs, the Court will order a fact-finding hearing. A fact-finding hearing in this context is essentially a mini-trial, where each side puts witnesses on the stand before the judge and attempts to produce evidence that will help the judge make a decision in the case.
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“, or read article by Attorney Gaudet hear on other family law subjects.
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