The Department of Children and Families files court cases called “Care and Protection” actions to remove a child from the custody of a parent or caregiver. These cases are often filed in the Juvenile Court but can also be heard in the Family and Probate Court.
A parent or legal guardian has the right to an evidentiary hearing within 72 hours of the child being removed from the parent or caregiver’s custody. Indigent parties are entitled to court appointed counsel and those who are not determined indigent can proceed without representation or hire private counsel.
The removal of a child is an extremely traumatic event and an incredibly stressful experience for all involved. Legal advice during this stage is crucial to determining the best strategy to manage the Department of Children and Families involvement.
Attorney Greening is available for consultation, technical assistance, and second opinions regarding case strategy and legal options.