Care & Protection of Erin

We transferred this case from the Appeals Court on our own motion to decide whether, in this case of first impression, the Department of Social Services (department) or a parent bears the burden of proving that a child is still in need of care and protection where a party subsequently files a petition for review and redetermination after the initial determination pursuant to G. L. c. 119, § 26, that the child was in need of care and protection. A Juvenile Court judge ruled that, on a *568petition for review and redetermination, the mother bore the burden to prove, by clear and convincing…