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OSCAR F. v. CTY. OF WORCESTER; SCH. COMM. OF LEICESTER

412 Mass. 38 (1992)

587 N.E.2d 208

OSCAR F. vs. COUNTY OF WORCESTER & another; SCHOOL COMMITTEE OF LEICESTER, third-party defendant.

Supreme Judicial Court of Massachusetts, Worcester.

February 24, 1992.

Attorney(s) appearing for the Case

Joseph F. Brennan, Jr. (Deborah A. Dattis with him) for the plaintiff.

Andrew R. Weiss & Edward P. Ryan, Jr., for the County of Worcester & another.

Regina Williams Tate for School Committee of Leicester.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & GREANEY, JJ.

WILKINS, J.

The underlying issue is whether a Juvenile Court judge who has heard a so-called CHINS petition, filed under G.L.c. 119, § 39E (1990 ed.), seeking a determination that a child is in need of services, may lawfully order that the child be placed in a private school at the expense of the county in which the court sits.

In March, 1988, a judge sitting in the Worcester Juvenile Court, jury session, in...

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