Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 4.00 - Intake
Intake for CRA Application
Section 4.63 - Court-ordered Temporary Custody

Universal Citation: 110 CMR 4.00 MA Code of Regs 4.63

Current through Register 1531, September 27, 2024

(1) If a court finds a child who is alleged to require assistance by reason of repeatedly refusing to obey the lawful and reasonable commands of a parent is not likely to appear at the fact finding hearing on the CRA petition, the court may release the child with terms and conditions to the custody of the parent(s) or may place the child in the temporary custody of the Department, only if, prior to granting temporary custody, the court makes the written certifications and determinations under M.G.L. c. 119, § 29C, that:

(a) it is contrary to the welfare of the child to be in the child's home; and

(b) that the Department made reasonable efforts to prevent removal from the home or the existing circumstances indicate that there is an immediate risk of harm or neglect that precludes the provision of preventative services as an alternative to removal.

(2) Where a court has made determinations under M.G.L. c. 119, § 29C and placed a child in the temporary custody of the Department, the pre-hearing temporary custody order is valid for only 15 days at which time the child, parent(s) and the Department must appear before the court for a hearing on whether the temporary custody order should be continued for another 15 days. No such prehearing temporary custody may last longer than 45 days.

(3) When a child has been placed in the Department's custody, the Department determines the placement of the child.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.