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CUSTODY OF A MINOR

389 Mass. 755 (1983)

452 N.E.2d 483

CUSTODY OF A MINOR.

Supreme Judicial Court of Massachusetts, Essex.

July 22, 1983.

Attorney(s) appearing for the Case

Thomas Barrett (Sharon M. Parenteau with him) for the mother.

Scott A. Smith, Assistant Attorney General, for Department of Social Services.

Peter C. DiGangi for the substituted petitioner.

Linda E. Giles for the minor.

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

O'CONNOR, J.

The mother of a minor child appeals from an April 1, 1981, judgment of a District Court adjudicating her daughter in need of care and protection, awarding physical custody of the child to Brenda C., and awarding legal custody of the Department of Social Services (department). We reverse the judgment, vacate the custody awards, and order the petition to be dismissed.

On June 13, 1980, the department filed a care and protection petition in the District...

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