CARE AND PROTECTION OF ZITA


455 Mass. 272 (2009)

CARE AND PROTECTION OF ZITA.

Supreme Judicial Court of Massachusetts, Suffolk.

November 4, 2009.


Attorney(s) appearing for the Case

Mark A. Papirio (Timothy M. Kotfila with him) for the child.

Monica C. Murphy for Department of Children & Families.

Dorothy M. Storrow, for the mother, amicus curiae, was present but did not argue.

Catherine C. Sinnott, Committee for Public Counsel Services, for the father, amicus curiae, was present but did not argue.

Present: MARSHALL, C.J., IRELAND, COWIN, CORDY, BOTSFORD, & GANTS, JJ.


MARSHALL, C.J.

In this care and protection case, a judge in the Juvenile Court awarded temporary custody of a newborn infant to the Department of Children and Families (department) following a so-called "seventy-two hour hearing." See G. L. c. 119, § 24. The infant, whom we shall call Zita, sought relief under G. L. c. 211, § 3, from a single justice of the county court, who denied her request. Zita appealed from the judgment of the single justice, and in...

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