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Child Welfare Practice in Massachusetts

When the state intervenes to protect the health and safety of the child

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  • Product Number: 2070218B00
  • Publication Date: 4/2/2012
  • Edition: 1st Edition 2006, with 2009 & 2012 Supplements
  • Copyright: © 2012 CPCS and MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Legal issues pertaining to the protection, placement, and welfare of children are never simple. They are a tangle of administrative processes, competing interests, and high emotions. This authoritative handbook explains the many facets of cases in which the state intervenes on behalf of children who are abused or neglected, or who are in need of services that their parents are unable to provide.

    Recent updates:

    • Update: April 2012

      Dear Subscriber:

      Thank you for updating your reference library with the 2012 Supplement to Child Welfare Practice in Massachusetts. This supplement reflects the latest legal developments in child welfare practice and includes analysis and application of new Appeals Court and Supreme Judicial Court cases throughout the book.

      Highlights of the new and revised topics addressed in the supplement include:

      • the Department of Children and Families' Integrated Casework Practice Model (see Chapters 2 and 7);
      • the new guardianship of minors provisions under the Uniform Probate Code (see Chapter 5);
      • the Department of Children and Families' 2010 reorganization of its management structure (see Chapter 6);
      • indigent parents' constitutional right to court-appointed counsel in termination of parental rights proceedings (see Chapter 13);
      • negotiating and drafting documents associated with posttermination and postadoption contact settlements (see Chapter 15);
      • expansion of the Juvenile Court's jurisdiction and the right to counsel to young adults age eighteen to twenty-two who continue to receive voluntary services from the Department of Children and Families (see Chapter 18); and
      • the new category of CHINS cases for sexually exploited children created by An Act Relative to the Commercial Exploitation of People (see Chapter 18).

      We at MCLE trust that you will find Child Welfare Practice in Massachusetts useful in your practice and valuable in keeping your library current. Thank you again for your continued support.

      Cordially,

      Alexis J. LeBlanc, Esq., MCLE Publications Attorney

    • Update: April 2009

      Dear Subscriber:

      Thank you for updating your reference library with the 2009 Supplement to Child Welfare Practice in Massachusetts, a collaborative effort between Massachusetts Continuing Legal Education and the Children and Family Law Program within the Committee for Public Counsel Services. This supplement reflects the latest legal developments in child welfare practice, including a comprehensive review of relevant case law, statutes and regulations at the state and federal levels. Highlights of the supplement include:

      • updated references resulting from the extensive statutory changes enacted in 2008 Mass. Acts c. 176 and 2008 Mass. Acts c. 215;
      • analysis of In re Hilary, 450 Mass. 491 (2008), where the Supreme Judicial Court held that indigent parents have a right to appointed counsel at the dispositional phase of a CHINS proceeding if the judge is considering granting custody to the Department of Children and Families;
      • discussion of G.L. c. 119, § 29, which provides the right to counsel to mentally retarded youth who remain the Department's responsibility beyond age eighteen because they have been found mentally incompetent under G.L. c. 119, § 23(a)(3); and
      • discussion of the Office of the Child Advocate, created by executive order in 2007 and codified in Chapter 18C of the General Laws.

      We at MCLE trust that you will find Child Welfare Practice in Massachusetts useful in your practice and valuable in keeping your library current.

      Very truly yours,

      R. Scott Miller, Jr., Esq., MCLE Publications Attorney

    • Update: October 2006

      Dear Subscriber:

      Thank you for updating your reference library with the new Child Welfare Practice in Massachusetts, a collaborative effort between Massachusetts Continuing Legal Education and the Children and Family Law Program within the Committee for Public Counsel Services. This new text—the training foundation for attorneys representing parents and children where the state intervenes to safeguard children—evolved from Children, Families and the State: State Intervention in Child Custody Cases, first published in 1993. This retooled practice manual reflects the latest legal developments in child welfare practice, including a comprehensive review of relevant case law, statutes and regulations at the state and federal levels. Highlights of the text include:

      A comprehensive review of the litigation process from petition through appeal:

      • Initiation of care and protection proceedings
      • Investigation and Discovery
      • Evidence, including chapters devoted to privilege and experts
      • Trial Preparation and Conduct
      • Termination of Parental Rights Actions
      • Postjudgment Proceedings

      A detailed examination of the role of the Department of Social Services:

      • Reporting and investigating suspected abuse and neglect of children
      • Services, placement and visitation
      • The DSS Administrative Process
      • Permanency planning

      Practical advice addressing the unique situations arising in child welfare cases:

      • Special considerations in representing parents
      • Special considerations in representing children
      • School success and special education concerns
      • Clinical issues
      • Forms and sample motions included on a CD-ROM

      We at MCLE trust that you will find Child Welfare Practice in Massachusetts useful in your practice and valuable in keeping your library current.

      Cordially,

      R. Scott Miller, Jr., Esq., MCLE Publications Attorney

  • Table of Contents

    Table of Contents

    expand all
    Introduction expand

    Exhibit A

    - Performance Standards Governing the Representation of Children and Parents in Child Welfare Cases Buy Form
    Chapter 1 expand

    Exhibit 1A

    - Flow Chart of a Care and Protection Case Buy Form

    Exhibit 1B

    - Table: Required Steps in a Care and Protection Case Buy Form
    Chapter 2 expand

    The Reporting and Investigation of Suspected Abuse and Neglect

    Buy Chapter
    Jay McManus, Esq., Children's Law Center of Massachusetts, Inc.
    Robin Lane Stolk, Esq.,

    Exhibit 2A

    - 51A Report Buy Form

    Exhibit 2B

    - Differential Response Comparison Chart Buy Form

    Exhibit 2C

    - ICPM Casework Pathways Buy Form

    Exhibit 2D

    - 51B Investigations Buy Form
    Chapter 3 expand

    Initiation of Care and Protection Proceedings

    Buy Chapter

    Exhibit 3F

    - Letter Requesting Transfer Venue Buy Form

    Exhibit 3G

    - Appearance of Counsel Buy Form

    Exhibit 3H

    - Motion for Speedy Temporary Custody Hearing Buy Form

    Exhibit 3I

    - Motion to Dismiss Buy Form

    Exhibit 3J

    - Checklist for Temporary Custody Hearing Buy Form

    Exhibit 3K

    - Sample Introductory Letter to Parent Client Buy Form

    Exhibit 3L

    - Sample Introductory Letter to a Child and/or Young Adult Client Buy Form

    Exhibit 3M

    - Motion for Notice Prior to Child's Placement Change and Proposed Order Buy Form

    Exhibit 3A

    - Sample Care and Protection Petition Buy Form

    Exhibit 3B

    - Sample Summons Buy Form

    Exhibit 3C

    - DSS Missing Parent Checklist Buy Form

    Exhibit 3D

    - Pretrial Intake/Indigency Reports and Affidavits Buy Form

    Exhibit 3E

    - Reasonable Efforts/Initial Custody and Contrary to the Welfare Certification Forms Buy Form
    Chapter 4 expand

    Investigation and Discovery in Child Welfare Cases

    Buy Chapter
    Andrew D. Hoffman, Esq.,
    Beth M. Nussbaum, Esq., Smith Lee Nebenzahl
    Margaret T. Winchester, Esq., Committee for Public Counsel Services, Children and Family Law Division

    Exhibit 4A

    - Letter to DCF Requesting File (Child Client) Buy Form

    Exhibit 4B

    - Letter to DCF Requesting File Buy Form

    Exhibit 4C

    - Letter to DCF Requesting Updates to the File Buy Form

    Exhibit 4D

    - Motion to Compel Production of the DCF File Buy Form

    Exhibit 4E

    - Motion to Compel Production of Unredacted 51A Report Buy Form

    Exhibit 4F

    - Motion to Compel Production of Home Finder and/or Adoption Unit Records Buy Form

    Exhibit 4G

    - Sample FOIA Request Buy Form

    Exhibit 4H

    - HIPAA Consent Form Buy Form

    Exhibit 4I

    - Motion for Release of Health Information Buy Form

    Exhibit 4J

    - Motion for Release of Mental Health Records Buy Form

    Exhibit 4K

    - Motion for Release of Substance Abuse Treatment Records Buy Form

    Exhibit 4L

    - Motion for CORI Report Buy Form

    Exhibit 4M

    - Request for Production of Documents Buy Form

    Exhibit 4N

    - Motion for Leave to Serve Interrogatories and Proposed Interrogatories Buy Form

    Exhibit 4O

    - Motion for Leave to Take Deposition and for Costs Buy Form

    Exhibit 4P

    - Motion for Letters Rogatory Buy Form

    Exhibit 4Q

    - Motion to Preclude Admission of Evidence for Failure to Comply with Discovery Buy Form
    Chapter 5 expand

    Court Investigators and Guardians Ad Litem in Child Welfare Cases

    Buy Chapter

    Exhibit 5C

    - Juvenile Court, Guardian Ad Litem Appointment Form & Instructions Buy Form

    Exhibit 5D

    - Juvenile Court Department Guidelines for Investigator's Reports Buy Form

    Exhibit 5E

    - Probate and Family Court Standing Order 1-05 Buy Form

    Exhibit 5F

    - Standards for Category F GAL Investigators Buy Form

    Exhibit 5G

    - Motion for Appointment of a Guardian Ad Litem Investigator in the Probate and Family Court Buy Form

    Exhibit 5H

    - Standards for Probation Officers of the Juvenile Court Buy Form

    Exhibit 5I

    - Standards for Probation Officers of the Probate and Family Court Buy Form

    Exhibit 5J

    - Counsel's Letter of Introduction to Investigator Counsel Buy Form

    Exhibit 5K

    - Tips for Preparing the Parent Client to Meet with the Investigator Buy Form

    Exhibit 5A

    - Juvenile Court, Court Investigator Appointment Form Buy Form

    Exhibit 5B

    - Administrative Office of the Trial Court Memorandum: Guardian and Guardian Ad Litem Compensation and Billing Buy Form
    Chapter 6 expand

    The DSS Administrative Process

    Buy Chapter
    Christine M. Bonardi, Esq., Law Office of Christine M. Bonardi
    Linda Medeiros, Esq., Law Office of Linda Medeiros
    Robin Lane Stolk, Esq.,

    Exhibit 6A

    - DCF Organizational Chart Buy Form

    Exhibit 6B

    - Regional and Area Offices Directory Buy Form

    Exhibit 6D

    - Sample 30A Complaint Buy Form

    Exhibit 6E

    - Collateral Representation Request Form Buy Form

    Exhibit 6C

    - Diagram of Fair Hearing Process Buy Form
    Chapter 7 expand

    Exhibit 7E

    - Child's Motion to Terminate Visits Buy Form

    Exhibit 7F

    - Motion to Enjoin DCF from Terminating Visits Buy Form

    Exhibit 7G

    - Incarcerated Father's Motion for Visits Buy Form

    Exhibit 7H

    - Visitation Motion (Schedule) Buy Form

    Exhibit 7I

    - Child's AOD Motion for DCF to Facilitate Visits Buy Form

    Exhibit 7J

    - Visitation Motion (Unsupervised) Buy Form

    Exhibit 7K

    - Motion for Sibling Visitation Buy Form

    Exhibit 7L

    - Motion for Grandparent Visitation Buy Form

    Exhibit 7M

    - Motion for AOD (Services) Buy Form

    Exhibit 7N

    - Motion to Compel DCF to Place Children Together Buy Form

    Exhibit 7O

    - Motion for Abuse of Discretion Hearing (Kinship Homestudy) Buy Form

    Exhibit 7P

    - Child's Motion for Abuse of Discretion and Restraining DCF from Moving Child to a New Placement Buy Form

    Exhibit 7Q

    - Motion for AOD (School Stability) Buy Form

    Exhibit 7R

    - Motion for AOD (Overnight Visitation) Buy Form

    Exhibit 7A

    - Trial Court Order Finding No Reasonable Efforts Required Buy Form

    Exhibit 7B

    - Description of Family Group Conferencing Buy Form

    Exhibit 7C

    - Sample Service Plan Buy Form

    Exhibit 7D

    - In Re: Care and Protection, No. SJ-95-390 (Mass. Aug. 23, 1995) Buy Form
    Chapter 8 expand

    Evidence in Care and Protection and Termination of Parental Rights Cases

    Buy Chapter

    Exhibit 8A

    - Motion in Limini (#1) Buy Form

    Exhibit 8B

    - Motion in Limini (#2) Buy Form

    Exhibit 8C

    - Motion in Limini (#3) Buy Form
    Chapter 9 expand

    Exhibit 9B

    - Motion to Quash Order of Appointment and/or Motion for Protective Order Buy Form

    Exhibit 9C

    - Letter Informing Treatment Providers that Client Does Not Consent to Release of Confidential Information Buy Form

    Exhibit 9D

    - Limited Release of Information Buy Form

    Exhibit 9E

    - Limited Release of Information: Releasing Information but Stating It Is Not Admissible at Trial Buy Form

    Exhibit 9A

    - Summary of Exceptions to Social Worker and Psychotherapist Confidentiality and Privilege Statutes Buy Form
    Chapter 10 expand

    Exhibit 10A

    - Motion to Compel DSS to Make Child Available for an Evaluation Buy Form

    Exhibit 10B

    - Expert Engagement Letter Buy Form

    Exhibit 10C

    - Motion for Leave to Serve Expert Interrogatories and Sample Expert Interrogatories Buy Form

    Exhibit 10D

    - Motion for Leave to Depose Expert Witness Buy Form

    Exhibit 10E

    - Motion to Exclude Expert Under Daubert/Lanigan Buy Form
    Chapter 11 expand

    Use of the Massachusetts Indigent Court Costs Act

    Buy Chapter

    Exhibit 11A

    - Motion to Impound Request for Funds Under the ICCA Buy Form

    Exhibit 11B

    - Motion for Normal Fees and Costs Buy Form

    Exhibit 11C

    - Ex Parte Motion for Funds to Retain an Expert and Supporting Affidavit Buy Form

    Exhibit 11D

    - Notice of Appeal Under the ICCA Buy Form

    Exhibit 11E

    - Request for Stay Under the ICCA Buy Form
    Chapter 12 expand

    Exhibit 12A

    - Checklist for Filing Petition Under G.L. c. 211, § 3 Buy Form

    Exhibit 12C

    - Child's and Mother's Joint Petition for Relief Pursuant to G.L. c. 211, § 3 Buy Form

    Exhibit 12D

    - Children's and Mother's Memorandum of Law in Support of Petition for Relief Pursuant to G.L. c. 211, § 3 Buy Form

    Exhibit 12E

    - Motion to Impound Buy Form

    Exhibit 12F

    - Motion to Waive the Filing Fee Buy Form

    Exhibit 12G

    - Motion to the Trial Court to Stay its Order Buy Form

    Exhibit 12H

    - Motion to the Single Justice to Stay the Lower Court's Order Buy Form

    Exhibit 12I

    - Notice of Appeal Under SJC Rule 2:21 Buy Form

    Exhibit 12J

    - Memorandum in Support of Repeal Under Rule 2:21 Buy Form

    Exhibit 12B

    - Checklist for Filing Petition Under G.L. c. 231, § 118 Buy Form
    Chapter 13 expand

    Trial Preparation and Conduct in Child Welfare Cases

    Buy Chapter

    Exhibit 13A

    - Preliminary Outline for Developing a Theory of the Case Buy Form

    Exhibit 13B

    - Guidelines for Developing Proposed Findings of Fact and Rulings of Law in Child Welfare Cases Buy Form

    Exhibit 13C

    - Sample Pretrial Conference Memorandum (1) Buy Form

    Exhibit 13D

    - Parent's Motion to Compel Subject Child's Attendance Buy Form

    Exhibit 13E

    - Opposition to Motion to Compel Child's Attendance Buy Form

    Exhibit 13F

    - Motion to Continue Trial Buy Form

    Exhibit 13G

    - Request for Interdepartmental Assignment Buy Form

    Exhibit 13H

    - Motion to Consolidate Buy Form

    Exhibit 13I

    - Motion to Recuse Buy Form

    Exhibit 13J

    - Motion for Funds for a Stenographer Buy Form

    Exhibit 13K

    - Checklist for Preparing Witnesses Buy Form

    Exhibit 13L

    - Letter to Witnesses Buy Form

    Exhibit 13M

    - Motion to Sequester Witnesses Buy Form

    Exhibit 13N

    - Motion Requesting Child's Testimony Be Taken by Alternate Means Buy Form

    Exhibit 13O

    - List of Objections for Trial Buy Form

    Exhibit 13P

    - Motion to Reopen the Evidence Buy Form

    Exhibit 13Q

    - Motion Requesting the Court Enter Findings and Judgment Buy Form
    Chapter 14 expand

    The Adjudication and Disposition of Care and Protection and Termination of Parental Rights Proceedings

    Buy Chapter
    Chapter 15 expand

    Settlement in Child Welfare Cases

    Buy Chapter
    Susan Dillard, Esq.,
    Dorothy Meyer Storrow, Esq., Law Offices of Dorothy Meyer Storrow

    Exhibit 15A

    - Guardianship Agreement Buy Form

    Exhibit 15B

    - Posttermination Agreement (#1) Buy Form

    Exhibit 15C

    - Postadoption Agreement (#1) Buy Form

    Exhibit 15D

    - Postadoption Sibling Visitation Agreement Buy Form

    Exhibit 15E

    - Stipulation for Judgment Terminating Parental Rights (#1) Buy Form

    Exhibit 15F

    - Stipulation for Judgment Terminating Parental Rights (#2) Buy Form
    Chapter 16 expand

    Child Welfare Proceedings in the Probate and Family Court

    Buy Chapter

    Exhibit 16E

    - Motion Under G.L. c. 119, § 23(A) For Written Findings in Support of Sua Sponte Removal Buy Form

    Exhibit 16A

    - Guideline Procedures for the Placement of Children in the Custody of the Department of Social Services at the Initiative of the Court (G.L. c. 119, § 23(C)) Buy Form

    Exhibit 16B

    - Probate and Family Court Protocol for Voluntary Cases Under G.L. c. 119, § 23(A) Buy Form

    Exhibit 16C

    - G.L. c. 119, § 23(A) Petition Buy Form

    Exhibit 16D

    - G.L. c. 119, § 23(A) Decree Buy Form
    Chapter 17 expand

    Postjudgment Representation in Child Welfare Cases

    Buy Chapter

    Exhibit 17A

    - CAFL Appellate Panel Performance Standards Buy Form

    Exhibit 17B

    - Letter to Client Regarding Conclusion of Representation Buy Form

    Exhibit 17C

    - Letter to Client Regarding Conclusion of Representation Buy Form

    Exhibit 17D

    - Motion for Review and Redetermination Buy Form

    Exhibit 17E

    - Motion to Amend Findings (CFA-10-E) Buy Form

    Exhibit 17F

    - Motion to Amend Judgment (CFS-10F) Buy Form

    Exhibit 17G

    - Motion for New Trial and Supporting Affidavit Buy Form

    Exhibit 17H

    - Motion for Relief from Judgment Buy Form

    Exhibit 17I

    - Notice of Appeal Buy Form

    Exhibit 17J

    - Motion for Issuance of Findings of Fact and Conclusions of Law Buy Form

    Exhibit 17K

    - Rule 4(c) Motion to Extend Time for Filing Notice of Appeal (Trial Court) Buy Form

    Exhibit 17L

    - Rule 14(b) Petition to Extend Time for Filing Notice of Appeal Buy Form

    Exhibit 17M

    - Motion for Appointment of Appellate Counsel Buy Form

    Exhibit 17N

    - Appellate Assignment Intake Form Buy Form

    Exhibit 17O

    - Motion for Costs Associated with the Appeal Buy Form

    Exhibit 17P

    - Motion to Stay Judgment Pending Appeal Buy Form

    Exhibit 17Q

    - Opposition to Motion for Stay Buy Form

    Exhibit 17R

    - Motion to Docket the Appeal Buy Form

    Exhibit 17S

    - Motion to Waive the Filing Fee Buy Form

    Exhibit 17T

    - Motion to Impound Buy Form

    Exhibit 17U

    - Motion to Extend Time to Docket the Appeal Buy Form
    Chapter 18 expand

    Children in Need of Services (CHINS) Proceedings

    Buy Chapter
    Michael F. Kilkelly, Esq., Kilkelly Law Offices

    Exhibit 18E

    - Notice of Preliminary Hearing Buy Form

    Exhibit 18H

    - CHINS Summons to Appear at Hearing on the Merits Buy Form

    Exhibit 18J

    - Juvenile Court Restraints Policy Buy Form

    Exhibit 18K

    - Memorandum of Understanding Regarding Detention Buy Form

    Exhibit 18L

    - Motion to Dismiss Petition (No Counsel at Preliminary Hearing) Buy Form

    Exhibit 18M

    - Motion to Vacate Temporary Custody Order Buy Form

    Exhibit 18N

    - Motion to Dismiss Truancy or School Offender Petition Buy Form

    Exhibit 18O

    - Motion to Disallow Probation to Prosecute Buy Form

    Exhibit 18A

    - CHINS: Selected Bibliography Buy Form

    Exhibit 18B

    - Flow Chart of CHINS Proceeding Buy Form

    Exhibit 18C

    - Standards and Forms for Probation Officers in CHINS Cases Buy Form

    Exhibit 18D

    - Application for CHINS Petition Buy Form

    Exhibit 18F

    - In re Child in Need of Services, Nos. SJ-2001-0075, 0076, 0077 (Mar. 12, 2001) Buy Form

    Exhibit 18G

    - Pretrial CHINS Agreement Buy Form

    Exhibit 18I

    - CHINS Dispositional Order Buy Form
    Chapter 19 expand

    Collateral Family Law Proceedings in the Juvenile Court and the Probate and Family Court

    Buy Chapter

    Exhibit 19N

    - Motion for Genetic Marker Testing and Affidavit of Mother Buy Form

    Exhibit 19O

    - Complaint in Equity to Establish Paternity Buy Form

    Exhibit 19P

    - Verified Motion for Appointment of Temporary Guardian for a Minor Buy Form

    Exhibit 19A

    - Parental Responsibility Claim Form Buy Form

    Exhibit 19B

    - Voluntary Acknowledgment of Paternity Buy Form

    Exhibit 19C

    - Affidavit of Denial of Paternity Buy Form

    Exhibit 19D

    - Complaint to Establish Paternity and/or for an Order of Child Support Buy Form

    Exhibit 19E

    - Affidavit Disclosing Care or Custody Proceedings Buy Form

    Exhibit 19F

    - Public Assistance Affidavit Buy Form

    Exhibit 19G

    - Complaint for Custody Under G.L. c. 209C Buy Form

    Exhibit 19H

    - Complaint for Modification of Custody Under G.L. c. 209C Buy Form

    Exhibit 19I

    - Guardianship Petition Buy Form

    Exhibit 19J

    - Military Affidavit Buy Form

    Exhibit 19K

    - Guardianship Bond Form Buy Form

    Exhibit 19L

    - G.L. c. 209A Complaint and Affidavit Buy Form

    Exhibit 19M

    - Complaint for a Temporary Order of Support Buy Form
    Chapter 20 expand

    Exhibit 20B

    - Sample Permanency Plan Buy Form

    Exhibit 20C

    - Judicial Determination: Reasonable Efforts— 29B Hearing Buy Form

    Exhibit 20D

    - DSS Independent Living Standards Buy Form

    Exhibit 20I

    - Sample Objection to DSS's Proposed Permanency Plan Buy Form

    Exhibit 20J

    - Memorandum on Right to Present Evidence at Permanency Hearing Buy Form

    Exhibit 20K

    - Notice of Appeal of Permanency Decision Buy Form

    Exhibit 20L

    - Child's Objection to Permanency Plan Buy Form

    Exhibit 20M

    - Teen's Objection to Permanency Plan and Proposed Order Buy Form

    Exhibit 20N

    - Interstate Compact Placement Request Form Buy Form

    Exhibit 20O

    - Motion Under the ICPC for Priority Placement Request and Sample Order Buy Form

    Exhibit 20P

    - Motion for Production of Permanency Report and New Hearing Date Buy Form

    Exhibit 20Q

    - Motion to Produce and Transport Child for Permanency Planning Hearing Buy Form

    Exhibit 20R

    - Letter to DCF Social Worker to Develop Plan for Teen Buy Form

    Exhibit 20S

    - Motion Requesting Review Hearing Buy Form

    Exhibit 20A

    - Notice of Permanency Hearing Buy Form

    Exhibit 20E

    - Resources for Teens Aging Out of Foster Care Buy Form

    Exhibit 20F

    - DCF Revised Service Plan Goals Buy Form

    Exhibit 20G

    - DCF Outline Permanency Hearing Report Buy Form

    Exhibit 20H

    - Education and Support Services Eligibility Chart Buy Form
    Chapter 21 expand

    Medical and Mental Health Treatment for Children in DSS Custody

    Buy Chapter

    Exhibit 21A

    - 1998 DSS Memorandum from Commissioner Carlisle and Well Child Visit Schedule Buy Form

    Exhibit 21B

    - Massachusetts Division of Medical Assistance, Provider Manual Appendices, Appendix W (EPSDT Schedule) Buy Form

    Exhibit 21C

    - Healthy Development Checklist for Children in Foster Care Buy Form

    Exhibit 21D

    - Description of Special Kids/Special Care Program Buy Form

    Exhibit 21E

    - Children's Mental Health Treatment Resource List Buy Form

    Exhibit 21F

    - DSS Form Letter from Social Workers to Physicians Buy Form

    Exhibit 21G

    - Juvenile Court Bench Card Buy Form

    Exhibit 21H

    - Motion for Individualized Health Care Plan Buy Form

    Exhibit 21I

    - Motion Regarding Extraordinary Medical Treatment and/or Appointment of a Guardian Ad Litem Buy Form

    Exhibit 21J

    - Sample Affidavit and Treatment Plan Buy Form

    Exhibit 21K

    - Sample Guardian Ad Litem Report Buy Form

    Exhibit 21L

    - Sample Agreement and Draft Protection Order Buy Form
    Chapter 22 expand

    Exhibit 22A

    - Letter to Missing Client Buy Form

    Exhibit 22B

    - Petition for Writ of Habeus Corpus on Behalf of Incarcerated Client Buy Form

    Exhibit 22C

    - Motion to Participate Telephonically Buy Form

    Exhibit 22D

    - Motion to Continue Trial Pending Parent's Release Buy Form

    Exhibit 22E

    - Motion for Funds for Interpreter Buy Form

    Exhibit 22F

    - Motion to Withdraw and for Appointment of New Counsel Buy Form
    Chapter 23 expand

    Special Considerations in Representing Children

    Buy Chapter
    Dorothy Meyer Storrow, Esq., Law Offices of Dorothy Meyer Storrow

    Exhibit 23A

    - Protocol Re: Placement of Children with Identified Fire Setting/Arson and/or Sexually Offending Behavior (#PR-98-001) Buy Form

    Exhibit 23B

    - Table and Flow Chart for Determining Child Client's Position in Care and Protection Cases Buy Form

    Exhibit 23C

    - Child's Motion to Withdraw Buy Form

    Exhibit 23D

    - Letter to DSS Regarding Interviews with Law Enforcement Buy Form

    Exhibit 23E

    - Letter to DSS Regarding ASAP Buy Form

    Exhibit 23F

    - Memorandum of Law in Support of Motion to Enjoin DSS from Proceeding with G.L. c. 119, § 33B (ASAP) Evaluation Buy Form

    Exhibit 23G

    - Sample SIJS Order Buy Form

    Exhibit 23H

    - Motion Concerning Use of Social Security Benefits Buy Form
    Chapter 24, Part I expand

    Exhibit 24E

    - Motion for Appointment of Guardian Ad Litem Educational Advocate Buy Form

    Exhibit 24A

    - DOE McKinney-Vento Advisories 2004-9 and 2007-9A Buy Form
    Chapter 24, Part II expand

    Special Education and Student Discipline

    Buy Chapter
    Susan F. Cole, Esq., Education Law Clinics Of Harvard Law School

    Exhibit 24F

    - Collateral Representation Request Form Buy Form

    Exhibit 24G

    - ESP Referral Form Buy Form

    Exhibit 24H

    - Motion to Appoint Educational Surrogate Buy Form

    Exhibit 24I

    - Model Letter Requesting Student's Records Buy Form

    Exhibit 24J

    - Letter Referring Student for a Special Education Evaluation Buy Form

    Exhibit 24K

    - Request for an Independent Educational Evaluation Buy Form

    Exhibit 24B

    - Guidance on Appointment of Educational Surrogate Parents Buy Form

    Exhibit 24C

    - Education Advocacy/Legal Services Buy Form

    Exhibit 24D

    - DOE Advisory Opinion on Student Discipline Buy Form
    Chapter 25 expand

    Clinical Issues in State Intervention Cases

    Buy Chapter

    Exhibit 25A

    - Checklist for Communicating with Children Buy Form
    Appendix A expand

    Child Welfare Proceedings Under the Indian Child Welfare Act

    Buy Chapter
  • Editors & Authors

    Editor(s)

    Author(s)

    Christine M. Bonardi, Esq., Law Office of Christine M. Bonardi, Roslindale
    Susan F. Cole, Esq., Education Law Clinics Of Harvard Law School , Cambridge
    Kaitlin M. Donahue, Esq., Committee for Public Counsel Services, Salem
    Michael F. Kilkelly, Esq., Kilkelly Law Offices, Malden
    Jay McManus, Esq., Children's Law Center of Massachusetts, Inc., Lynn
    Linda Medeiros, Esq., Law Office of Linda Medeiros, Danvers
    Beth M. Nussbaum, Esq., Smith Lee Nebenzahl, Sharon
    Pauline Quirion, Esq., Greater Boston Legal Services, Boston
    Dorothy Meyer Storrow, Esq., Law Offices of Dorothy Meyer Storrow, Greenfield
    Margaret T. Winchester, Esq., Committee for Public Counsel Services, Children and Family Law Division, Worcester