CUSTODY OF A MINOR (NO. 1)


385 Mass. 697 (1982)

434 N.E.2d 601

CUSTODY OF A MINOR (No. 1).

Supreme Judicial Court of Massachusetts, Suffolk.

April 5, 1982.


Attorney(s) appearing for the Case

Stephen S. Ostrach, Assistant Attorney General (Nancy S. Heller & Scott A. Smith, Assistant Attorney General, with him) for Department of Social Services.

William A. McDermott, Jr., for the minor.

Paul McCarthy, guardian ad litem.

Jeremy A. Stahlin for the mother.

Michael J. Beautyman (Judith A. Johnson with him) for New England Medical Center.

William G. Crane & Jonathan Brant, for Developmental Disabilities Law Center, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


LIACOS, J.

On June 30, 1981, a social worker at New England Medical Center (NEMC) petitioned the Boston Juvenile Court, pursuant to G.L.c. 119, alleging that a newborn child with serious cardiac problems was in need of care and protection. G.L.c. 119, §§ 24, 26. The child, abandoned by his mother since birth, was a patient at NEMC. After an initial hearing on July 1, 1981, the court ordered temporary and legal custody of the child to the Department of Social...

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