In re Care & Protection of Rashida

Docket NumberSJC-13072
Decision Date20 August 2021
The Supreme Judicial Court answered three reported questions regarding whether the provision in Mass. Gen. Laws ch. 119, 29C that the court shall determine reasonable efforts not less than annually permits or requires a juvenile court judge to make a reasonable efforts determination at other times, holding that a party may file a motion for a determination of reasonable efforts at other times Specifically, the Supreme Judicial Court held that, following judicial certification of reasonable...

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13 cases
  • Thaddeus v. Sec'y of the Exec. Office of Health & Human Servs.
    • United States
    • Appeals Court of Massachusetts
    • July 20, 2022
    ... ... We agree that under the statute and case law the presumptive rule -- indeed, the strong presumption -- is that visits between a parent and a child in department custody are to be in person. The statutory goal is to reunite the family, see Care & Protection of Rashida , 488 Mass. 217, 228, 172 N.E.3d 390 (2021), and in-person visitation is important to that goal. We expect this would be true in particular for younger children -- infants and toddlers. The department concedes this importance, and the presumption of in-person contact is in the department's current ... ...
  • In re Doretta
    • United States
    • Appeals Court of Massachusetts
    • August 30, 2022
    ... ... 2. Standard of review ... "When [DCF] ‘has reasonable cause to believe a child's health or safety is in immediate danger’ and ‘removal is necessary to protect the child from abuse or neglect,’ it shall immediately take the child into temporary custody." Care & Protection of Rashida , 488 Mass. 217, 219, 172 N.E.3d 390 (2021) ( Rashida I ), S ... C ., 489 Mass. 128, 180 N.E.3d 428 (2022), quoting G. L. c. 119, § 51B ( c ), ( e ). Within twenty-four hours of removal, DCF must file a care and protection petition. See G. L. c. 119, § 51B ( e ) ; Rashida I , supra ... "On ... ...
  • In re Adoption Yalena
    • United States
    • Appeals Court of Massachusetts
    • December 3, 2021
    ... ... are making progress on case plan goals" (quotations and citation omitted). Care & Protection of Rashida , 488 Mass. 217, 219, 172 N.E.3d 390 (2021). Here, the mother did not raise this claim in the Juvenile Court and, therefore, it is waived. A claim of inadequate services must be raised in a timely manner to provide the judge and the department the opportunity to make accommodations while the case ... ...
  • In re Care & Prot. of Rashida
    • United States
    • Supreme Judicial Court of Massachusetts
    • February 7, 2022
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