Court-ordered Custody to Department Post Fact-finding Hearing

(1) After a fact-finding hearing on a CRA petition, a child may be adjudicated to be in need of assistance. Pursuant to M.G.L. c. 119, § 39G, the court, after considering the physical and emotional welfare of the child, may place the child in the custody of the Department. Such dispositional order shall not exceed 120 days. The court may extend placement following a hearing for an additional 90 days each. The court may extend placement no more than three times for a total custody time not to exceed 390 days. (2) Following a fact-finding hearing on a CRA petition, if the court finds that the child requires assistance and makes a dispositional order placing a child in the custody of the Department pursuant to M.G.L. c. 119, §39G, the child shall be considered to be in the temporary custody of the Department. (3) The Department shall determine the placement of the child, which may include the home of the child's parent(s), unless substitute care would better serve the child's interests. The Department may not refuse an out-of-home placement if recommended by the court as long as the court has made the determinations required by M.G.L. c. 119, § 29C. However, the Department shall determine the type and length of such out-of-home placement. The Department shall also give consideration to a request by the child that they be placed outside the home of a parent or guardian when there is a history of abuse and neglect in the home of the parent or guardian. (4) If the court orders the Department to provide specific services, treatment or placement, the Department shall notify its legal counsel. Until such time as the court's order if vacated, changed or dismissed, the court's order shall be complied with, if the services are available and to the extent the Department is reasonably able to comply. (5) Where a child has been placed in the custody of the Department after a CRA adjudication, the Department shall complete or update a family assessment and action plan in accordance with 110 CMR 5.00: Assessment, as applicable.