Child Welfare Practice in Massachusetts
When the state intervenes to protect the health and safety of the child

- 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
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:
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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
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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
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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
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Update: April 2012
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Table of Contents
Table of Contents
expand allIntroduction expandIntroduction to Child Welfare Law
Buy ChapterExhibit A
- Performance Standards Governing the Representation of Children and Parents in Child Welfare Cases Buy FormChapter 1 expandStatutory and Procedural Overview of Child Welfare Law
Buy ChapterChapter 2 expandThe Reporting and Investigation of Suspected Abuse and Neglect
Buy ChapterChapter 3 expandInitiation of Care and Protection Proceedings
Buy ChapterExhibit 3F
- Letter Requesting Transfer Venue Buy FormExhibit 3G
- Appearance of Counsel Buy FormExhibit 3H
- Motion for Speedy Temporary Custody Hearing Buy FormExhibit 3I
- Motion to Dismiss Buy FormExhibit 3J
- Checklist for Temporary Custody Hearing Buy FormExhibit 3K
- Sample Introductory Letter to Parent Client Buy FormExhibit 3L
- Sample Introductory Letter to a Child and/or Young Adult Client Buy FormExhibit 3M
- Motion for Notice Prior to Child's Placement Change and Proposed Order Buy FormExhibit 3A
- Sample Care and Protection Petition Buy FormExhibit 3B
- Sample Summons Buy FormExhibit 3C
- DSS Missing Parent Checklist Buy FormExhibit 3D
- Pretrial Intake/Indigency Reports and Affidavits Buy FormExhibit 3E
- Reasonable Efforts/Initial Custody and Contrary to the Welfare Certification Forms Buy FormChapter 4 expandInvestigation and Discovery in Child Welfare Cases
Buy ChapterExhibit 4A
- Letter to DCF Requesting File (Child Client) Buy FormExhibit 4B
- Letter to DCF Requesting File Buy FormExhibit 4C
- Letter to DCF Requesting Updates to the File Buy FormExhibit 4D
- Motion to Compel Production of the DCF File Buy FormExhibit 4E
- Motion to Compel Production of Unredacted 51A Report Buy FormExhibit 4F
- Motion to Compel Production of Home Finder and/or Adoption Unit Records Buy FormExhibit 4G
- Sample FOIA Request Buy FormExhibit 4H
- HIPAA Consent Form Buy FormExhibit 4I
- Motion for Release of Health Information Buy FormExhibit 4J
- Motion for Release of Mental Health Records Buy FormExhibit 4K
- Motion for Release of Substance Abuse Treatment Records Buy FormExhibit 4L
- Motion for CORI Report Buy FormExhibit 4M
- Request for Production of Documents Buy FormExhibit 4N
- Motion for Leave to Serve Interrogatories and Proposed Interrogatories Buy FormExhibit 4O
- Motion for Leave to Take Deposition and for Costs Buy FormExhibit 4P
- Motion for Letters Rogatory Buy FormExhibit 4Q
- Motion to Preclude Admission of Evidence for Failure to Comply with Discovery Buy FormChapter 5 expandCourt Investigators and Guardians Ad Litem in Child Welfare Cases
Buy ChapterExhibit 5C
- Juvenile Court, Guardian Ad Litem Appointment Form & Instructions Buy FormExhibit 5D
- Juvenile Court Department Guidelines for Investigator's Reports Buy FormExhibit 5E
- Probate and Family Court Standing Order 1-05 Buy FormExhibit 5F
- Standards for Category F GAL Investigators Buy FormExhibit 5G
- Motion for Appointment of a Guardian Ad Litem Investigator in the Probate and Family Court Buy FormExhibit 5H
- Standards for Probation Officers of the Juvenile Court Buy FormExhibit 5I
- Standards for Probation Officers of the Probate and Family Court Buy FormExhibit 5J
- Counsel's Letter of Introduction to Investigator Counsel Buy FormExhibit 5K
- Tips for Preparing the Parent Client to Meet with the Investigator Buy FormExhibit 5A
- Juvenile Court, Court Investigator Appointment Form Buy FormExhibit 5B
- Administrative Office of the Trial Court Memorandum: Guardian and Guardian Ad Litem Compensation and Billing Buy FormChapter 6 expandThe DSS Administrative Process
Buy ChapterChapter 7 expandServices, Placement and Visitation
Buy ChapterExhibit 7E
- Child's Motion to Terminate Visits Buy FormExhibit 7F
- Motion to Enjoin DCF from Terminating Visits Buy FormExhibit 7G
- Incarcerated Father's Motion for Visits Buy FormExhibit 7H
- Visitation Motion (Schedule) Buy FormExhibit 7I
- Child's AOD Motion for DCF to Facilitate Visits Buy FormExhibit 7J
- Visitation Motion (Unsupervised) Buy FormExhibit 7K
- Motion for Sibling Visitation Buy FormExhibit 7L
- Motion for Grandparent Visitation Buy FormExhibit 7M
- Motion for AOD (Services) Buy FormExhibit 7N
- Motion to Compel DCF to Place Children Together Buy FormExhibit 7O
- Motion for Abuse of Discretion Hearing (Kinship Homestudy) Buy FormExhibit 7P
- Child's Motion for Abuse of Discretion and Restraining DCF from Moving Child to a New Placement Buy FormExhibit 7Q
- Motion for AOD (School Stability) Buy FormExhibit 7R
- Motion for AOD (Overnight Visitation) Buy FormExhibit 7A
- Trial Court Order Finding No Reasonable Efforts Required Buy FormExhibit 7B
- Description of Family Group Conferencing Buy FormExhibit 7C
- Sample Service Plan Buy FormExhibit 7D
- In Re: Care and Protection, No. SJ-95-390 (Mass. Aug. 23, 1995) Buy FormChapter 8 expandEvidence in Care and Protection and Termination of Parental Rights Cases
Buy ChapterChapter 9 expandPrivilege and Confidentiality in Child Welfare Cases
Buy ChapterExhibit 9B
- Motion to Quash Order of Appointment and/or Motion for Protective Order Buy FormExhibit 9C
- Letter Informing Treatment Providers that Client Does Not Consent to Release of Confidential Information Buy FormExhibit 9D
- Limited Release of Information Buy FormExhibit 9E
- Limited Release of Information: Releasing Information but Stating It Is Not Admissible at Trial Buy FormExhibit 9A
- Summary of Exceptions to Social Worker and Psychotherapist Confidentiality and Privilege Statutes Buy FormChapter 10 expandExperts in Child Welfare Cases
Buy ChapterExhibit 10A
- Motion to Compel DSS to Make Child Available for an Evaluation Buy FormExhibit 10B
- Expert Engagement Letter Buy FormExhibit 10C
- Motion for Leave to Serve Expert Interrogatories and Sample Expert Interrogatories Buy FormExhibit 10D
- Motion for Leave to Depose Expert Witness Buy FormExhibit 10E
- Motion to Exclude Expert Under Daubert/Lanigan Buy FormChapter 11 expandUse of the Massachusetts Indigent Court Costs Act
Buy ChapterExhibit 11A
- Motion to Impound Request for Funds Under the ICCA Buy FormExhibit 11B
- Motion for Normal Fees and Costs Buy FormExhibit 11C
- Ex Parte Motion for Funds to Retain an Expert and Supporting Affidavit Buy FormExhibit 11D
- Notice of Appeal Under the ICCA Buy FormExhibit 11E
- Request for Stay Under the ICCA Buy FormChapter 12 expandInterlocutory Relief in Child Welfare Cases
Buy ChapterExhibit 12A
- Checklist for Filing Petition Under G.L. c. 211, § 3 Buy FormExhibit 12C
- Child's and Mother's Joint Petition for Relief Pursuant to G.L. c. 211, § 3 Buy FormExhibit 12D
- Children's and Mother's Memorandum of Law in Support of Petition for Relief Pursuant to G.L. c. 211, § 3 Buy FormExhibit 12E
- Motion to Impound Buy FormExhibit 12F
- Motion to Waive the Filing Fee Buy FormExhibit 12G
- Motion to the Trial Court to Stay its Order Buy FormExhibit 12H
- Motion to the Single Justice to Stay the Lower Court's Order Buy FormExhibit 12I
- Notice of Appeal Under SJC Rule 2:21 Buy FormExhibit 12J
- Memorandum in Support of Repeal Under Rule 2:21 Buy FormExhibit 12B
- Checklist for Filing Petition Under G.L. c. 231, § 118 Buy FormChapter 13 expandTrial Preparation and Conduct in Child Welfare Cases
Buy ChapterExhibit 13A
- Preliminary Outline for Developing a Theory of the Case Buy FormExhibit 13B
- Guidelines for Developing Proposed Findings of Fact and Rulings of Law in Child Welfare Cases Buy FormExhibit 13C
- Sample Pretrial Conference Memorandum (1) Buy FormExhibit 13D
- Parent's Motion to Compel Subject Child's Attendance Buy FormExhibit 13E
- Opposition to Motion to Compel Child's Attendance Buy FormExhibit 13F
- Motion to Continue Trial Buy FormExhibit 13G
- Request for Interdepartmental Assignment Buy FormExhibit 13H
- Motion to Consolidate Buy FormExhibit 13I
- Motion to Recuse Buy FormExhibit 13J
- Motion for Funds for a Stenographer Buy FormExhibit 13K
- Checklist for Preparing Witnesses Buy FormExhibit 13L
- Letter to Witnesses Buy FormExhibit 13M
- Motion to Sequester Witnesses Buy FormExhibit 13N
- Motion Requesting Child's Testimony Be Taken by Alternate Means Buy FormExhibit 13O
- List of Objections for Trial Buy FormExhibit 13P
- Motion to Reopen the Evidence Buy FormExhibit 13Q
- Motion Requesting the Court Enter Findings and Judgment Buy FormChapter 14 expandThe Adjudication and Disposition of Care and Protection and Termination of Parental Rights Proceedings
Buy ChapterChapter 15 expandSettlement in Child Welfare Cases
Buy ChapterExhibit 15A
- Guardianship Agreement Buy FormExhibit 15B
- Posttermination Agreement (#1) Buy FormExhibit 15C
- Postadoption Agreement (#1) Buy FormExhibit 15D
- Postadoption Sibling Visitation Agreement Buy FormExhibit 15E
- Stipulation for Judgment Terminating Parental Rights (#1) Buy FormExhibit 15F
- Stipulation for Judgment Terminating Parental Rights (#2) Buy FormChapter 16 expandChild Welfare Proceedings in the Probate and Family Court
Buy ChapterExhibit 16E
- Motion Under G.L. c. 119, § 23(A) For Written Findings in Support of Sua Sponte Removal Buy FormExhibit 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 FormExhibit 16B
- Probate and Family Court Protocol for Voluntary Cases Under G.L. c. 119, § 23(A) Buy FormExhibit 16C
- G.L. c. 119, § 23(A) Petition Buy FormExhibit 16D
- G.L. c. 119, § 23(A) Decree Buy FormChapter 17 expandPostjudgment Representation in Child Welfare Cases
Buy ChapterExhibit 17A
- CAFL Appellate Panel Performance Standards Buy FormExhibit 17B
- Letter to Client Regarding Conclusion of Representation Buy FormExhibit 17C
- Letter to Client Regarding Conclusion of Representation Buy FormExhibit 17D
- Motion for Review and Redetermination Buy FormExhibit 17E
- Motion to Amend Findings (CFA-10-E) Buy FormExhibit 17F
- Motion to Amend Judgment (CFS-10F) Buy FormExhibit 17G
- Motion for New Trial and Supporting Affidavit Buy FormExhibit 17H
- Motion for Relief from Judgment Buy FormExhibit 17I
- Notice of Appeal Buy FormExhibit 17J
- Motion for Issuance of Findings of Fact and Conclusions of Law Buy FormExhibit 17K
- Rule 4(c) Motion to Extend Time for Filing Notice of Appeal (Trial Court) Buy FormExhibit 17L
- Rule 14(b) Petition to Extend Time for Filing Notice of Appeal Buy FormExhibit 17M
- Motion for Appointment of Appellate Counsel Buy FormExhibit 17N
- Appellate Assignment Intake Form Buy FormExhibit 17O
- Motion for Costs Associated with the Appeal Buy FormExhibit 17P
- Motion to Stay Judgment Pending Appeal Buy FormExhibit 17Q
- Opposition to Motion for Stay Buy FormExhibit 17R
- Motion to Docket the Appeal Buy FormExhibit 17S
- Motion to Waive the Filing Fee Buy FormExhibit 17T
- Motion to Impound Buy FormExhibit 17U
- Motion to Extend Time to Docket the Appeal Buy FormChapter 18 expandChildren in Need of Services (CHINS) Proceedings
Buy ChapterExhibit 18E
- Notice of Preliminary Hearing Buy FormExhibit 18H
- CHINS Summons to Appear at Hearing on the Merits Buy FormExhibit 18J
- Juvenile Court Restraints Policy Buy FormExhibit 18K
- Memorandum of Understanding Regarding Detention Buy FormExhibit 18L
- Motion to Dismiss Petition (No Counsel at Preliminary Hearing) Buy FormExhibit 18M
- Motion to Vacate Temporary Custody Order Buy FormExhibit 18N
- Motion to Dismiss Truancy or School Offender Petition Buy FormExhibit 18O
- Motion to Disallow Probation to Prosecute Buy FormExhibit 18A
- CHINS: Selected Bibliography Buy FormExhibit 18B
- Flow Chart of CHINS Proceeding Buy FormExhibit 18C
- Standards and Forms for Probation Officers in CHINS Cases Buy FormExhibit 18D
- Application for CHINS Petition Buy FormExhibit 18F
- In re Child in Need of Services, Nos. SJ-2001-0075, 0076, 0077 (Mar. 12, 2001) Buy FormExhibit 18G
- Pretrial CHINS Agreement Buy FormExhibit 18I
- CHINS Dispositional Order Buy FormChapter 19 expandCollateral Family Law Proceedings in the Juvenile Court and the Probate and Family Court
Buy ChapterExhibit 19N
- Motion for Genetic Marker Testing and Affidavit of Mother Buy FormExhibit 19O
- Complaint in Equity to Establish Paternity Buy FormExhibit 19P
- Verified Motion for Appointment of Temporary Guardian for a Minor Buy FormExhibit 19A
- Parental Responsibility Claim Form Buy FormExhibit 19B
- Voluntary Acknowledgment of Paternity Buy FormExhibit 19C
- Affidavit of Denial of Paternity Buy FormExhibit 19D
- Complaint to Establish Paternity and/or for an Order of Child Support Buy FormExhibit 19E
- Affidavit Disclosing Care or Custody Proceedings Buy FormExhibit 19F
- Public Assistance Affidavit Buy FormExhibit 19G
- Complaint for Custody Under G.L. c. 209C Buy FormExhibit 19H
- Complaint for Modification of Custody Under G.L. c. 209C Buy FormExhibit 19I
- Guardianship Petition Buy FormExhibit 19J
- Military Affidavit Buy FormExhibit 19K
- Guardianship Bond Form Buy FormExhibit 19L
- G.L. c. 209A Complaint and Affidavit Buy FormExhibit 19M
- Complaint for a Temporary Order of Support Buy FormChapter 20 expandPermanency Planning
Buy ChapterExhibit 20B
- Sample Permanency Plan Buy FormExhibit 20C
- Judicial Determination: Reasonable Efforts— 29B Hearing Buy FormExhibit 20D
- DSS Independent Living Standards Buy FormExhibit 20I
- Sample Objection to DSS's Proposed Permanency Plan Buy FormExhibit 20J
- Memorandum on Right to Present Evidence at Permanency Hearing Buy FormExhibit 20K
- Notice of Appeal of Permanency Decision Buy FormExhibit 20L
- Child's Objection to Permanency Plan Buy FormExhibit 20M
- Teen's Objection to Permanency Plan and Proposed Order Buy FormExhibit 20N
- Interstate Compact Placement Request Form Buy FormExhibit 20O
- Motion Under the ICPC for Priority Placement Request and Sample Order Buy FormExhibit 20P
- Motion for Production of Permanency Report and New Hearing Date Buy FormExhibit 20Q
- Motion to Produce and Transport Child for Permanency Planning Hearing Buy FormExhibit 20R
- Letter to DCF Social Worker to Develop Plan for Teen Buy FormExhibit 20S
- Motion Requesting Review Hearing Buy FormExhibit 20A
- Notice of Permanency Hearing Buy FormExhibit 20E
- Resources for Teens Aging Out of Foster Care Buy FormExhibit 20F
- DCF Revised Service Plan Goals Buy FormExhibit 20G
- DCF Outline Permanency Hearing Report Buy FormExhibit 20H
- Education and Support Services Eligibility Chart Buy FormChapter 21 expandMedical and Mental Health Treatment for Children in DSS Custody
Buy ChapterExhibit 21A
- 1998 DSS Memorandum from Commissioner Carlisle and Well Child Visit Schedule Buy FormExhibit 21B
- Massachusetts Division of Medical Assistance, Provider Manual Appendices, Appendix W (EPSDT Schedule) Buy FormExhibit 21C
- Healthy Development Checklist for Children in Foster Care Buy FormExhibit 21D
- Description of Special Kids/Special Care Program Buy FormExhibit 21E
- Children's Mental Health Treatment Resource List Buy FormExhibit 21F
- DSS Form Letter from Social Workers to Physicians Buy FormExhibit 21G
- Juvenile Court Bench Card Buy FormExhibit 21H
- Motion for Individualized Health Care Plan Buy FormExhibit 21I
- Motion Regarding Extraordinary Medical Treatment and/or Appointment of a Guardian Ad Litem Buy FormExhibit 21J
- Sample Affidavit and Treatment Plan Buy FormExhibit 21K
- Sample Guardian Ad Litem Report Buy FormExhibit 21L
- Sample Agreement and Draft Protection Order Buy FormChapter 22 expandSpecial Considerations in Representing Parents
Buy ChapterExhibit 22A
- Letter to Missing Client Buy FormExhibit 22B
- Petition for Writ of Habeus Corpus on Behalf of Incarcerated Client Buy FormExhibit 22C
- Motion to Participate Telephonically Buy FormExhibit 22D
- Motion to Continue Trial Pending Parent's Release Buy FormExhibit 22E
- Motion for Funds for Interpreter Buy FormExhibit 22F
- Motion to Withdraw and for Appointment of New Counsel Buy FormChapter 23 expandSpecial Considerations in Representing Children
Buy ChapterExhibit 23A
- Protocol Re: Placement of Children with Identified Fire Setting/Arson and/or Sexually Offending Behavior (#PR-98-001) Buy FormExhibit 23B
- Table and Flow Chart for Determining Child Client's Position in Care and Protection Cases Buy FormExhibit 23C
- Child's Motion to Withdraw Buy FormExhibit 23D
- Letter to DSS Regarding Interviews with Law Enforcement Buy FormExhibit 23E
- Letter to DSS Regarding ASAP Buy FormExhibit 23F
- Memorandum of Law in Support of Motion to Enjoin DSS from Proceeding with G.L. c. 119, § 33B (ASAP) Evaluation Buy FormExhibit 23G
- Sample SIJS Order Buy FormExhibit 23H
- Motion Concerning Use of Social Security Benefits Buy FormChapter 24, Part I expandStrategies to Promote School Success for Children in Foster Care
Buy ChapterChapter 24, Part II expandSpecial Education and Student Discipline
Buy ChapterExhibit 24F
- Collateral Representation Request Form Buy FormExhibit 24G
- ESP Referral Form Buy FormExhibit 24H
- Motion to Appoint Educational Surrogate Buy FormExhibit 24I
- Model Letter Requesting Student's Records Buy FormExhibit 24J
- Letter Referring Student for a Special Education Evaluation Buy FormExhibit 24K
- Request for an Independent Educational Evaluation Buy FormExhibit 24B
- Guidance on Appointment of Educational Surrogate Parents Buy FormExhibit 24C
- Education Advocacy/Legal Services Buy FormExhibit 24D
- DOE Advisory Opinion on Student Discipline Buy FormChapter 25 expandClinical Issues in State Intervention Cases
Buy ChapterExhibit 25A
- Checklist for Communicating with Children Buy FormAppendix A expandChild Welfare Proceedings Under the Indian Child Welfare Act
Buy Chapter - Editors & Authors