What are the Types of CRA Cases in Massachusetts which Can Lead to a Fact-Finding Hearing?
Child welfare issues can ultimately result in a CRA case in Massachusetts in multiple ways:
- Stubborn or Runaway Cases – these are situations in which the child refuses to obey the reasonable and lawful commands of a parent or guardian and where that refusal results in an inability of that parent or guardian to provide the necessary care for that child.
- Habitual or Truant Cases – these types of cases are filed by school officials in many instances and focus on a child that is either repeatedly failing to obey lawful and reasonable school regulations or where the child is truant (defined in Massachusetts law as over 8 unexcused absences and willful failure to attend school per quarter; a definition which has some nuances depending upon circumstances); or
- Sexual Exploitation Cases – these are perhaps the saddest and most frustrating cases that children in Massachusetts may be involved in. Sexual exploitation, under Massachusetts child welfare laws, includes a child of less than 18 years of age, engaged in sex for a fee, or induced into prostitution or common streetwalking.
What is a Child Requiring Assistance Case (CRA) in Massachusetts?
For children living within Massachusetts between the ages of 6-18, the state of Massachusetts has developed the CRA classification of case as a way to provide necessary services to both parents and guardians and children affected by various behavioral, mental health, and other issues. In some cases, a parent or guardian will file the CRA application. In others, the school, probation officer or police department will file the CRA application.
In any event, the CRA process which passes through Juvenile Court in Massachusetts, aims to provide the parent, guardian or school some necessary relief and the child with the help that they need to be successful. Help in CRA cases may come in the form of community services, various systems aimed at creating accountability for the child, individual or family therapy, custody changes (that is, removal from the home), drug or alcohol treatment and many more services.
What is a Fact-Finding Hearing in a CRA case?
First it is important to note that the fact-finding hearing is either uncontested or contested. In an uncontested case, the child actually stipulates (agrees) to the CRA being filed. The case then proceeds to the conference and disposition hearing stages where a judge makes a determination of what would be in the best interests of the child and where a probation officer presents a written report to the Juvenile Court and the judge looks at DCF involvement (if any) in the case (whether DCF has lived up to certain obligations).
If the matter is contested by the child, the fact-finding hearing will move forward in the Juvenile Court. The petitioner (or party that has filed the CRA application) will provide evidence that supports its position that the child needs assistance. The petitioner must prove to the court beyond a reasonable doubt that such assistance is needed.
If, after reviewing all the evidence presented and hearing from the child’s attorney the judge believes that the petitioner has proven its case, the judge will schedule a conference and disposition hearing for the purpose of making a best interests determination with respect to the child and will hear the probation officer’s report on the matter. Sometimes, custody may change as a result of the evidence that has been presented and custody granted to DCF or a third party. Where the petitioner has not been able to prove beyond a reasonable doubt that the child requires assistance, the case may be dismissed.
Appealing an Unfavorable Decision
A decision may be appealed within 30 days. Because appeals and the success of an appeal is very fact-specific, it is difficult to make a prediction as to the merits of an appeal in any general sense, but proceeding with an appeal may sometimes be an option for the child.
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