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Child Welfare Practice in Massachusetts

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

2070218B00
4/2/2012
1652 pages in 2 volumes (printed book)
1st Edition 2006, with 2009 & 2012 Supplements
© 2012 CPCS and MCLE, Inc.
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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

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Introduction - Introduction to Child Welfare Law (Buy Chapter)
Chapter 1 - Statutory and Procedural Overview of Child Welfare Law (Buy Chapter)
Chapter 2 - The Reporting and Investigation of Suspected Abuse and Neglect (Buy Chapter)
Chapter 3 - Initiation of Care and Protection Proceedings (Buy Chapter)
Chapter 4 - Investigation and Discovery in Child Welfare Cases (Buy Chapter)
Chapter 5 - Court Investigators and Guardians Ad Litem in Child Welfare Cases (Buy Chapter)
Chapter 6 - The DSS Administrative Process (Buy Chapter)
Chapter 7 - Services, Placement and Visitation (Buy Chapter)
Chapter 8 - Evidence in Care and Protection and Termination of Parental Rights Cases (Buy Chapter)
Chapter 9 - Privilege and Confidentiality in Child Welfare Cases (Buy Chapter)
Chapter 10 - Experts in Child Welfare Cases (Buy Chapter)
Chapter 11 - Use of the Massachusetts Indigent Court Costs Act (Buy Chapter)
Chapter 12 - Interlocutory Relief in Child Welfare Cases (Buy Chapter)
Chapter 13 - Trial Preparation and Conduct in Child Welfare Cases (Buy Chapter)
Chapter 14 - The Adjudication and Disposition of Care and Protection and Termination of Parental Rights Proceedings (Buy Chapter)
Chapter 15 - Settlement in Child Welfare Cases (Buy Chapter)
Chapter 16 - Child Welfare Proceedings in the Probate and Family Court (Buy Chapter)
Chapter 17 - Postjudgment Representation in Child Welfare Cases (Buy Chapter)
Chapter 18 - Children in Need of Services (CHINS) Proceedings (Buy Chapter)
Chapter 19 - Collateral Family Law Proceedings in the Juvenile Court and the Probate and Family Court (Buy Chapter)
Chapter 20 - Permanency Planning (Buy Chapter)
Chapter 21 - Medical and Mental Health Treatment for Children in DSS Custody (Buy Chapter)
Chapter 22 - Special Considerations in Representing Parents (Buy Chapter)
Chapter 23 - Special Considerations in Representing Children (Buy Chapter)
Chapter 24, Part I - Strategies to Promote School Success for Children in Foster Care (Buy Chapter)
Chapter 24, Part II - Special Education and Student Discipline (Buy Chapter)
Chapter 25 - Clinical Issues in State Intervention Cases (Buy Chapter)
Appendix A - Child Welfare Proceedings Under the Indian Child Welfare Act (Buy Chapter)

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

Speaker(s)

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eForm (purchased individually) $18.00 $15.00 $13.50
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