Massachusetts H1888 amends the quantum of proof in care and protection and termination of parental rights cases.
Massachusetts H1888 modifies the legal standard for issuing emergency custody orders in care and protection cases. If a petitioner testifies under oath that a child is suffering from serious abuse or neglect, immediate removal is necessary, and continuation in the home is contrary to the child's best interests, the court may issue an emergency order transferring custody for up to 72 hours. The court must also consider the potential harms of transferring custody, including trauma caused by removal from the home.
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