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CARE & PROTECTION OF BENJAMIN

403 Mass. 24 (1988)

525 N.E.2d 418

CARE AND PROTECTION OF BENJAMIN.

Supreme Judicial Court of Massachusetts, Bristol.

July 18, 1988.

Attorney(s) appearing for the Case

John T. Yunits, Jr., for the mother.

John D. Casey for the father.

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

WILKINS, J.

In this care and protection proceeding (see G.L.c. 119, § 24 [1986 ed.]), the mother of the child (whom we shall call Benjamin) appeals from a May, 1986, Bristol County Juvenile Court judgment that awarded permanent physical and legal custody of Benjamin to the Department of Social Services (DSS).

The mother argues that the judge should have dismissed the proceeding, brought by the DSS, when the DSS...

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