There are two common reasons for a Massachusetts Juvenile Court judge to award temporary custody to the Department of Child and Family Services (DCF), formerly DYS.. The first proceeding in Juvenile court that may result in the removal of your children to be placed in the temporary custody of DCF is the the Child Requiring Assistance (CRA). The second proceeding in a Massachusetts Juvenile court that may result in the removal of your children into DCF custody is the Care and Protection proceeding (C&P).

Once placed in the temporary custody of DCF, children may remain in DCF care for an extensive period of time. While in custody parents will, under most circumstances, have the ability to regain custody from DCF by fulfilling various action plans which typically consist of attending therapy, anger management, family therapy and other types of assistance programs aimed at increasing the parenting and coping skills of the parents involved in the CRA or C&P case.

Where Do My Children Have to Live?

When in DCF care, the location of a child is subject to both the policy and procedure that DCF uses when considering child placement and the review of a Juvenile Court judge. Most commonly, children wind up in one of the following locations in Massachusetts:

• Foster Care
• Group Homes
• Treatment Facilities and Programs; and
• Mental Health Facilities

What Does DCF Consider When Placing a Child into Foster Care?

DCF must consider what is in the best interest of the child as well as the requirements of any plans for future placement that the department or a judge has developed. Viability of a placement for a child in Massachusetts is determined by DCF according to the following considerations:

• How close the location is the the child’s family home
• How close the location is to the child’s school
• Whether the location will allow the siblings to remain in the same location
• Whether family will be able to visit the child at the location
• If the child has special needs, whether those needs can be accommodated at the location
• The location must meet the child’s ethnic, cultural and racial background

Priorities of Placement of a Child

Relatives First

DCF will usually seek placement with a relative before seeking placement of the child with a non-relative (friend, etc.). Per DCF policy, the department will send a notice within 30 days of the removal of a child from their family home (unless the removal is based on an emergency custody order) to inform these relatives of the potential of being considered as a placement option for the child.

Adults with Significant Role in Child’s Life

In addition to notifying relatives of the option to be considered as a placement resource for the child, DCF will notify other adults who play a role in the life of the child of the same.

Child Placement with Brother or Sister in Foster Care

Where a brother or sister is in foster care and another sibling requires placement, DCF will consider whether placement with that sibling currently in foster care would be in the best interests of the child needing placement.

Out of State Placements of Children

It is possible for children to be placed with a relative out of state through the ICPC act – explained further in another article by attorney Gaudet.

Why DCF May Deny Placing a Child with a Relative

Although DCF will prefer placing a child with a relative over that of any other option, there are times when placement with a relative may be denied.

• Insufficient space; for example, not enough bedrooms to accommodate the child
• CORI or SORI offenses for prospective foster parent and for any child 14 years or older living in the home
• Failure of a home study conducted by DCF

Award of Custody by Court vs. DCF Placement

Juvenile courts in Massachusetts have the ability to award custody at a 72 hour hearing in a Care and Protection Case or at a hearing on the merits. It should be noted, however, that custody of children awarded in this manner will mean that the person receiving custody will not also receive foster parent payments and may lose DCF assistance.

Child welfare laws in Massachusetts are complex. Contact our office if you have questions or concerns regarding the placement of your child as the result of a CRA or C&P proceeding.

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