Practitioner's Guide to State Intervention in the Family
Protecting the safety and well-being of the child
- Product Number: 2235392WFM
- Publication Date: 6/30/2023
- Edition: 2nd Edition 2023
- Copyright: © 2023 MCLE, Inc.
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Product Description
Product Description
Cases in which the state intervenes in a family to protect the safety and well-being of a child are unmistakably complex. The most basic, fundamental rights of parents and children are at stake. Involuntary separation of a child from their parents is an extreme measure and devastating for the whole family. Additionally, these cases involve multiple parties, extensive discovery and motion practice, frequent use of experts, and trials extending over many days. This authoritative manual explains the many facets of state intervention cases—care and protection petitions, Probate and Family Court child protection proceedings, child requiring assistance proceedings, guardianship of minor proceedings, and "private" adoptions—in the Massachusetts courts.
Recent updates:
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Update: June 2023
Dear Subscriber:
Thank you for updating your reference library 2023 edition of Practitioner's Guide to State Intervention in the Family . This entirely revised edition was last published in 2012 under the title Child Welfare Practice in Massachusetts .
Highlights of the 2023 edition include
- dedicated chapters on representing parents and representing children;
- detailed, step-by-step explanations of each and every phase that may arise in state intervention litigation;
- discussion of medical and mental health treatment for children involved in state intervention cases;
- a multitude of exhibits to aid in your practice—including checklists, flow charts, sample motions, and more; and
- a new appendix on the Interstate Compact on the Placement of Children.
Thank you for your continued support as we at MCLE strive to bring you the latest solutions for your practice.
Cordially,
MCLE Press
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Update: June 2023
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Table of Contents
Table of Contents
expand allAppendix A expandState Intervention Proceedings Under the Indian Child Welfare Act
Buy ChapterAppendix B expandThe Interstate Compact on the Placement of Children
Buy ChapterChapter 1 expandAn Introduction to State Intervention in the Family
Buy ChapterExhibit 1A
- CPCS Performance Standards Excerpted from CPCS Assigned Counsel Manual Buy FormChapter 2 expandStatutory and Procedural Overview
Buy ChapterChapter 3 expandProcedural Due Process
Buy ChapterChapter 4 expandRepresenting Parents
Buy ChapterExhibit 3E
- Motion to Recuse Buy FormExhibit 4A
- Letter to Client Whose Whereabouts Are Unknown Buy FormExhibit 4B
- CLI Instruction Card for Private Bar Telephone Interpretation Buy FormExhibit 4C
- Working with Interpreters Outside of the Courtroom: A Guide for Attorneys Buy FormExhibit 4D
- MCDHH Communication Spectrum Tip Sheet for First-Time Interpreter/CART Requests Buy FormExhibit 4E
- G.L. c. 209A Application Forms Buy FormExhibit 4F
- Petition for Writ of Habeas Corpus on Behalf of Incarcerated Client Buy FormExhibit 4G
- Motion to Participate by Videoconference Buy FormExhibit 4H
- Motion to Continue Trial Pending Parent’s Release Buy FormExhibit 4I
- Motion to Withdraw and for Appointment of Successor Counsel Buy FormChapter 5 expandRepresenting Children
Buy ChapterExhibit 5A
- Table and Flow Chart for Determining the Child Client’s Position in Care and Protection Cases Buy FormExhibit 5B
- Substituted Judgment Checklist Buy FormExhibit 5C
- Child’s Counsel’s Motion to Withdraw Buy FormExhibit 5D
- Checklist for Talking to the Child Client About Their Identity Buy FormExhibit 5E
- Letter to DCF Regarding Interviews with Law Enforcement Buy FormExhibit 5F
- Letter to DCF Regarding ASAP Buy FormExhibit 5G
- Memorandum of Law in Support of Motion to Enjoin DCF from Proceeding with G.L. c. 119, § 33B (ASAP) Evaluation Buy FormChapter 6 expandThe Reporting and Investigation of Suspected Neglect and Abuse
Buy ChapterChapter 7 expandInitiation of Care and Protection Proceedings
Buy ChapterExhibit 7A
- Request to Transfer Venue Buy FormExhibit 7AA
- Complaint in Equity to Establish Parentage Buy FormExhibit 7B
- Motion to Transfer Jurisdiction Buy FormExhibit 7C
- Motion to Confer with Out-of-State Court Buy FormExhibit 7D
- Motion to Dismiss for Lack of Jurisdiction Under the MCCJA Buy FormExhibit 7E
- Care and Protection Petition Buy FormExhibit 7F
- Motion to Dismiss for Lack of Jurisdiction Buy FormExhibit 7G
- Care and Protection Summons Buy FormExhibit 7H
- Reasonable Efforts and Contrary to the Welfare Certification Forms Buy FormExhibit 7I
- Motion for Timely Seventy-Two-Hour Hearing Buy FormExhibit 7J
- Motion for Orders to Protect Parent-Child Relationship Pending Completion of Seventy-Two-Hour Hearing Buy FormExhibit 7K
- Motion for Timely Seventy-Two-Hour Hearing or Interim Orders to Protect Parent-Child Relationship Buy FormExhibit 7L
- Motion to Vacate Custody Order Buy FormExhibit 7M
- Motion to Vacate Custody Order and Stipulation to DCF Maintaining Responsibility for Placement Buy FormExhibit 7N
- Temporary Return of Custody Order Buy FormExhibit 7O
- Motion for Probation Home Study Buy FormExhibit 7P
- Pathways Options and Assessment Process Buy FormExhibit 7Q
- Assessing Danger, Risk and Safety Bench Card Buy FormExhibit 7R
- Essential Questions to Promote Permanency Bench Card Buy FormExhibit 7S
- Essential Questions to Promote Educational Stability Bench Card Buy FormExhibit 7T
- Checklist for Temporary Custody Hearing Buy FormExhibit 7U
- Motion to Return Custody Buy FormExhibit 7V
- Parental Responsibility Claim Form Buy FormExhibit 7W
- Voluntary Acknowledgment of Parentage Buy FormExhibit 7X
- Affidavit of Denial of Paternity Buy FormExhibit 7Y
- Complaint to Rescind Voluntary Acknowledgment of Paternity Buy FormExhibit 7Z
- Motion for Genetic Marker Testing and Affidavit of Mother Buy FormChapter 8 expandThe Next Ninety Days
Buy ChapterChapter 9 expandInvestigation and Discovery
Buy ChapterExhibit 9A
- Letter to DCF Requesting Updates to the File Buy FormExhibit 9B
- Motion to Compel Production of the DCF File Buy FormExhibit 9C
- Motion to Compel Production of Unredacted 51A Report Buy FormExhibit 9D
- Motion to Compel Production of Adoption Assessment and Related Records Buy FormExhibit 9E
- Motion for CARI Report Buy FormExhibit 9F
- Request for Student Record Buy FormExhibit 9G
- Authorization for Release of Educational Record Buy FormExhibit 9H
- Sample Public Records Request Buy FormExhibit 9I
- Request for Production of Documents Buy FormExhibit 9J
- Motion for Leave to Serve Interrogatories and Proposed Interrogatories Buy FormExhibit 9K
- Motion for Letters Rogatory Buy FormExhibit 9L
- Motion for Leave to Take Deposition and for Costs Buy FormExhibit 9M
- Motion to Preclude Admission of Evidence for Failure to Comply with Discovery Buy FormChapter 10 expandCourt Investigators and Guardians ad Litem
Buy ChapterExhibit 10A
- Court Investigator Appointment Form Buy FormExhibit 10B
- Juvenile Court Department Guidelines for Court Investigations and Reports Buy FormExhibit 10C
- Standards for Category F Guardian ad Litem Investigators Buy FormExhibit 10D
- Motion for Appointment of a Guardian ad Litem Investigator in the Probate and Family Court Buy FormExhibit 10E
- Memorandum No. 14, Administrative Office of the Trial Court: Guardian and Guardian ad Litem Compensation and Billing (Feb. 28, 1997) Buy FormExhibit 10F
- Counsel’s Letter of Introduction to Investigator Buy FormExhibit 10G
- Motion to Enjoin Court Investigator from Accessing Confidential Information Buy FormExhibit 10H
- Category E Guardian ad Litem/Evaluator Standards Buy FormExhibit 10I
- Juvenile Court Department Guidelines for Guardians ad Litem Buy FormChapter 11 expandThe DCF Administrative Process
Buy ChapterChapter 12 expandServices, Placement, and Family Time
Buy ChapterExhibit 12A
- Trial Court Order Finding No Reasonable Efforts Required Buy FormExhibit 12B
- Sample Action Plan Buy FormExhibit 12C
- Motion for Order Directing DCF to Provide a Conforming Family Action Plan Buy FormExhibit 12D
- Motion for No Reasonable Efforts Determination and Orders Buy FormExhibit 12E
- Motion for Order Directing DCF to Provide Services Buy FormExhibit 12F
- Memorandum in Support of Motion Directing DCF to Provide Services to Accommodate Client’s Disability Buy FormExhibit 12G
- Motion for Order to Comply with G.L. c. 119, § 32 Buy FormExhibit 12H
- Motion for Order for Stable Foster Placement or Third-Party Placement or Custody Buy FormExhibit 12I
- Motion for Stable Placement with Request for Education Stability Buy FormExhibit 12J
- Motion to Place Siblings Together Buy FormExhibit 12K
- In re Care & Protection Buy FormExhibit 12L
- Motion for Notice of Change of Child’s Placement Buy FormExhibit 12M
- Child’s Motion to Terminate Visits Buy FormExhibit 12N
- Motion to Enjoin DCF from Terminating Visits Buy FormExhibit 12O
- Incarcerated Parent’s Motion for Visits Buy FormExhibit 12P
- Motion and Memorandum for Order Setting Parenting Time Schedule (Preadjudication) Buy FormExhibit 12Q
- Motion and Memorandum for Order Setting Parenting Time Schedule (Postadjudication) Buy FormExhibit 12R
- Motion for No Reasonable Efforts Determination and Order Setting Parenting Time Schedule Buy FormExhibit 12S
- Sample Expert Affidavit re: Visits to Protect Parent-Child Attachment Buy FormExhibit 12T
- Motion for Sibling Visits Buy FormExhibit 12U
- Motion for Grandparent Visits Buy FormChapter 13 expandEvidence
Buy ChapterChapter 14 expandPrivilege and Confidentiality
Buy ChapterExhibit 14A
- Summary of Exceptions to Social Worker and Psychotherapist Confidentiality and Privilege Statutes Buy FormExhibit 14B
- HIPAA Consent Form Buy FormExhibit 14C
- Motion to Quash Subpoena for Health Records and/or for a Protective Order Buy FormExhibit 14D
- Motion for Release of Health Records Buy FormExhibit 14E
- Opposition to Motion for Release of Health Records and/or for a Protective Order Buy FormExhibit 14F
- Motion for Production of Mental Health Records Buy FormExhibit 14G
- Opposition to Motion for Production of Mental Health Records and/or for a Protective Order Buy FormExhibit 14H
- Motion for Production of Substance Use Treatment Records and Proposed Order to Provide Drug and Alcohol Treatment Records Buy FormExhibit 14I
- Opposition to Motion for Production of Substance Use Treatment Records and/or for a Protective Order Buy FormExhibit 14J
- Motion to Quash Therapist Testimony and/or for a Protective Order Buy FormExhibit 14K
- Motion in Limine to Limit Witness Testimony Buy FormExhibit 14L
- Letter Informing Treatment Provider that Client Does Not Consent to Release of Confidential Information Buy FormExhibit 14M
- Letter to Treatment Provider Explaining Limited Release of Information Buy FormExhibit 14N
- Service Provider Status Report Buy FormExhibit 14O
- Limited Release of Information Buy FormExhibit 14P
- Limited Release of Information—Releasing Information but Stating It is Not Admissable at Trial Buy FormChapter 15 expandExperts
Buy ChapterChapter 16 expandIndigency and the Massachusetts Indigent Court Costs Act
Buy ChapterExhibit 16A
- Motion to Seal Request for Funds Under the ICCA Buy FormExhibit 16B
- Motion for Normal Fees and Costs Buy FormExhibit 16C
- Ex Parte Motion for Funds to Retain an Expert and Supporting Affidavit Buy FormExhibit 16D
- Ex Parte Motion for Funds to Retain a Social Work Expert and Supporting Affidavit Buy FormExhibit 16E
- Motion for Funds for an Interpreter Buy FormExhibit 16F
- Notice of Appeal Under the ICCA Buy FormExhibit 16G
- Request for Stay Under the ICCA Buy FormChapter 17 expandInterlocutory Relief
Buy ChapterChapter 18 expandThe Adjudication and Disposition of Care and Protection Proceedings
Buy ChapterChapter 19 expandTrial Preparation and Conduct
Buy ChapterExhibit 19A
- Sample Pretrial Conference Memorandum Buy FormExhibit 19B
- Motion to Continue Trial Buy FormExhibit 19C
- Request for Interdepartmental Assignment Buy FormExhibit 19D
- Motion to Consolidate Buy FormExhibit 19E
- Motion to Dismiss Prior to Hearing on the Merits Buy FormExhibit 19F
- Checklist for Preparing Witnesses Buy FormExhibit 19G
- Letter to Witnesses and Witness Tips Handout Buy FormExhibit 19H
- Trial Exhibit Chart Buy FormExhibit 19I
- Motion to Sequester Witnesses Buy FormExhibit 19J
- Tips for Writing a Closing Argument Buy FormExhibit 19K
- Motion for Directed Verdict and to Dismiss Buy FormExhibit 19L
- List of Objections for Trial Buy FormExhibit 19M
- Guidelines for Developing Proposed Findings of Fact and Conclusions of Law Buy FormExhibit 19N
- Motion to Reopen the Evidence Buy FormExhibit 19O
- Motion for Findings and Judgment Buy FormChapter 20 expandSettlement
Buy ChapterExhibit 20A
- Postguardianship Contact Agreement Buy FormExhibit 20B
- Posttermination Contact Agreement Buy FormExhibit 20C
- Postadoption Contact Agreement Buy FormExhibit 20D
- Postadoption Sibling Visitation Agreement Buy FormExhibit 20E
- Stipulation for Judgment Terminating Parental Rights (recruitment) Buy FormExhibit 20F
- Stipulation for Judgment Terminating Parental Rights (identified resource) Buy FormChapter 21 expandState Intervention Proceedings in the Probate and Family Court
Buy ChapterExhibit 21A
- Motion for Written Findings in Support of Sua Sponte Removal Under G.L. c. 119, § 23(a)(3) Buy FormChapter 22 expandGuardianship Proceedings in the Juvenile Court and the Probate and Family Court
Buy ChapterChapter 23 expandPostjudgment Representation
Buy ChapterExhibit 23A
- Letter to Client Regarding Conclusion of Representation Buy FormExhibit 23B
- Motion for Review and Redetermination and Supporting Affidavit Buy FormExhibit 23C
- Motion to Amend Findings Buy FormExhibit 23D
- Motion to Amend Judgment Buy FormExhibit 23E
- Motion for New Trial and Supporting Affidavit Buy FormExhibit 23F
- Motion for Relief from Judgment Buy FormExhibit 23G
- Notice of Appeal Buy FormExhibit 23H
- Motion for Issuance of Findings of Fact and Conclusions of Law Buy FormExhibit 23I
- Rule 4(c) Motion to Extend Time for Filing Notice of Appeal Buy FormExhibit 23J
- Rule 14(b) Petition to Extend Time for Filing Notice of Appeal Buy FormExhibit 23K
- Motion for Appointment of Appellate Counsel Buy FormExhibit 23L
- Appellate Assignment Intake Form Buy FormExhibit 23M
- Motion for Fees and Costs Related to Appeal Buy FormExhibit 23N
- Motion to Stay Judgment Pending Appeal Buy FormExhibit 23O
- Motion to Waive Filing Fee Buy FormExhibit 23P
- Motion to Extend Time to Docket Appeal Buy FormChapter 24 expandChildren Requiring Assistance (CRA) Proceedings
Buy ChapterExhibit 24A
- Motion to Dismiss Truancy or School Offender Petition (Age Sixteen) Buy FormExhibit 24B
- Flow Chart of CRA Proceedings Buy FormExhibit 24C
- Parent/Legal Guardian/Custodian Application for Child Requiring Assistance Buy FormExhibit 24D
- School District Application for Child Requiring Assistance Buy FormExhibit 24E
- Application for Child Requiring Assistance for Sexually Exploited Child Buy FormExhibit 24F
- Notice of Preliminary Hearing Buy FormExhibit 24G
- CRA Summons Buy FormExhibit 24H
- CRA Agreement Buy FormExhibit 24I
- Agreement/Motion to Extend Informal Assistance 90 Days Buy FormExhibit 24J
- Police Officer/Law Enforcement Affirmation Buy FormExhibit 24K
- Temporary Custody Hearing Argument Checklist Buy FormExhibit 24L
- Motion to Dismiss Application for Child Requiring Assistance Buy FormChapter 25 expandPermanency Planning
Buy ChapterExhibit 25A
- Notice of Permanency Hearing Buy FormExhibit 25B
- Sample Permanency Report Buy FormExhibit 25C
- Sample Objection to DCF’s Permanency Report (Parent) Buy FormExhibit 25D
- Sample Objection to DCF’s Permanency Report (Child) Buy FormExhibit 25E
- Sample Objection to DCF’s Permanency Report (Youth/Young Adult) Buy FormExhibit 25F
- Motion for Production of Permanency Report and New Hearing Date Buy FormExhibit 25G
- Motion to Produce and Transport Child for Permanency Hearing Buy FormExhibit 25H
- Reasonable Efforts—29B Hearing Form Buy FormExhibit 25I
- Notice of Appeal of Permanency Decision Buy FormExhibit 25J
- Letter to DCF Worker to Develop Plan for Youth/Young Adult Buy FormExhibit 25K
- DCF Education and Support Services Eligibility Chart Buy FormExhibit 25L
- Petition for Young Adult Permanency Hearings Buy FormChapter 26 expandMedical and Mental Health Treatment for Children Involved in State Intervention Cases
Buy ChapterExhibit 26A
- Description of Special Kids/Special Care Program Buy FormExhibit 26B
- Summary of Who May Consent to Medical Treatment Buy FormExhibit 26C
- Area Office Request Form Buy FormExhibit 26D
- Comprehensive Mental Health Evaluation Form Buy FormExhibit 26E
- Motion Regarding Extraordinary Medical Treatment and/or Appointment of a Guardian ad Litem Buy FormExhibit 26F
- Sample Affidavit and Treatment Plan Buy FormExhibit 26G
- Sample Guardian ad Litem Report Buy FormExhibit 26H
- Checklist for Speaking with the Psychiatrist Buy FormExhibit 26I
- Juvenile Court Bench Card Buy FormExhibit 26J
- Sample Agreement and Draft Protective Order Buy FormChapter 27 expandStrategies to Promote School Success for Children Involved in State Intervention Proceedings
Buy ChapterChapter 28 expandSpecial Education and Student Discipline
Buy ChapterExhibit 28A
- Motion to Appoint an Educational Surrogate Parent Buy FormExhibit 28B
- Letter Referring Student for Special Education Evaluation Buy FormExhibit 28C
- Annotated IEP Buy FormExhibit 28D
- Special Education Advocacy Guide for Transition Age Young People Buy FormExhibit 28E
- Request for Publicly Funded Independent Education Evaluation Buy FormChapter 29 expandDually Involved Youth
Buy ChapterChapter 30 expandClinical Issues in State Intervention Cases
Buy ChapterExhibit 30A
- Checklist for Communicating with Children Buy Form - Editors & Authors