Intervention Hearing

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Summarize the different types of hearings in the Care & Protection process, citing and explaining the standards of proof. There are different types of hearings in the Care and Protection process, which include, Emergency/temporary custody hearing, 72 hour hearing, Abuse of Discretion hearings, Visitation Rights hearing, Status hearing, Manuel hearing, Right to Intervention hearing, Evidentiary hearing for sibling visitation, and Termination of Parental Rights hearing.

Before I can begin to talk about the different types of hearings associated with the Care and Protection process, I first have to discuss how a case becomes a care and protection case. It all starts with either a call or a report filled by a person(s) or the government, here being the Department of Children and Families, formally known as the Department of Social Services. This report is called a 51A and would allege that a child is being physically or sexually abused or neglected by their parent or guardian or by another person who has access to the child.

The Department would then review this report and determine if it should be screened in or screened out. If the Department determines …show more content…
Parents still have the right to visit with their child and must be afforded such rights by DCF, if not; parents could bring an action against DCF for visitation. DCF cannot unilaterally terminate visitation rights; the Department must get the ok to do so from a Judge. The court in Custody of a Minor (no.2) set forth the standards that DCF must show before the Department can terminate parental visitation rights. There must be a hearing on the merits of the case, and DCF must show that the child would be harmed if visitation with the parents is allowed to continue. Custody of a Minor (No.2), 392 Mass. 719 (1989). The standard here is Harm. No standard existed before this care and protection

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