110 CMR, § 4.63 - Court-ordered Temporary Custody

(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.

Notes

110 CMR, § 4.63

Amended by Mass Register Issue 1486, eff. 1/6/2023.