Supreme Judicial Court of Massachusetts, Plymouth.https://leagle.com/images/logo.png
April 4, 2005.
August 31, 2005.
Attorney(s) appearing for the Case
Michael F. Kilkelly for the child.
Daniel J. Hammond, Assistant Attorney General, for Department of Social Services.
The following submitted briefs for amici curiae:
Thomas F. Reilly, Attorney General, & Daniel J. Hammond, Assistant Attorney General, for Juvenile Court Department of the Trial Court.
Marvin R. Ventrell, of Colorado, R. Susan Dillard, Committee for Public Counsel Services, & Barbara Kaban, for Committee for Public Counsel Services & others.
Supreme Judicial Court of Massachusetts, Plymouth.
SPINA, J.
In this appeal we decide that, before a judge may extend up to six months a dispositional order with an out-of-home placement arising from an adjudication that a child is in need of services, G. L. c. 119, § 39G, third par., requires the judge to hold an evidentiary hearing and find by a preponderance of the evidence that the purposes of the dispositional order have not been accomplished and that an extension...
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