Care and Protection of Laura

This case presents an issue of first impression in the Commonwealth: whether so-called “subsidiary facts” in a care and protection proceeding brought pursuant to G. L. c. 119, § 24 (1990 ed.), must be proved by clear and convincing evidence. The Department of Social Services (department) filed the instant care and protection petition on behalf of Laura in the District Court. After the final hearing, 2 the judge ruled that “[The department] has not proven by clear and convincing evidence that [Laura] is in need of care and protection either because she has been or is being sexually abused by…