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CUSTODY OF LORI

444 Mass. 316 (2005)

CUSTODY OF LORI.

Supreme Judicial Court of Massachusetts, Suffolk.

May 24, 2005.

Attorney(s) appearing for the Case

Judith Farris Bowman (Jinanne S.J. Elder with her) for the mother.

Virginia A. Peel, Special Assistant Attorney General (Lynne M. Murphy with her) for Department of Social Services.

MaryEllen Donovan, for the child, was present but did not argue.

Andrew. L. Cohen, Committee for Public Counsel Services, & Barbara H. Mitchell, for Committee for Public Counsel Services & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

IRELAND, J.

A mother sought relief pursuant to G. L. c. 211, § 3, in the county court from the order of a Probate and Family Court judge, issued sua sponte without an evidentiary hearing, removing her child from her custody and placing the child in the custody of the Department of Social Services (department), pursuant to G. L. c. 119, § 23 (C), pending a forensic evaluation. A single justice denied the mother...

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