Care & Protection of Benjamin

In this care and protection proceeding (see G. L. c. 119, § 24 [1986 ed.]), the mother of the child (whom we shall call Benjamin) appeals from a May, 1986, Bristol County Juvenile Court judgment that awarded permanent physical and legal custody of Benjamin to the Department of Social Services (DSS).

The mother argues that the judge should have dismissed the proceeding, brought by the DSS, when the DSS concluded that Benjamin was no longer at risk, that he should be returned to his mother, and that the care and protection proceeding should terminate. We conclude that the judge properly…