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SILVA v. CARMEL

SJC-11438

468 Mass. 18 (2014)

PATRICIA SILVA, guardian, v. NANCY CARMEL.

Supreme Judicial Court of Massachusetts, Middlesex.

April 18, 2014.

Attorney(s) appearing for the Case

Frederick M. Misilo, Jr. ( Marisa W. Higgins with him) for the defendant.

Erin Jordan Harris for the plaintiff.

The following submitted briefs for amici curiae:

Joseph N. Schneiderman , of Connecticut, & Tara Hopper Zeltner for Association of Developmental Disabilities Providers & another.

Donna Morelli , Christina L. Paradiso , Edward M. Ginsburg , & Nathan Morse for Community Legal Aid.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

IRELAND, C.J.

The defendant appeals from an abuse prevention order issued against her pursuant to G. L. c. 209A by a District Court judge based on events that occurred in a residential program under the auspices of the Department of Developmental Services. Because we conclude that individuals who share a common diagnosis or status, rather than marriage, blood, or other relationships that are enumerated in G. L. c. 209A, § 1, and who live together in a State-licensed...

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