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BRANTLEY v. HAMPDEN DIVISION OF THE PROBATE AND FAMILY COURT DEPARTMENT

SJC-10343.

457 Mass. 172 (2010)

GYMETTA BRANTLEY v. HAMPDEN DIVISION OF THE PROBATE AND FAMILY COURT DEPARTMENT & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 30, 2010.

Attorney(s) appearing for the Case

Peter R. Benjamin (John Reinstein with him) for the petitioner.

William W. Porter, Assistant Attorney General, for the respondents.

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

MARSHALL, C.J.

For many years the judges of the Hampden Division of the Probate and Family Court Department (Hampden) have employed certain "protocols" or "procedures" (the terms are used by that court) in child-related litigation that are intended to assist them in making decisions concerning a child's best interests, often in emergency circumstances. Pursuant to these protocols, judges, with the assistance of probation officers assigned to the court, orally obtain...

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