Legal Opinion

In re Angela

Massachusetts Supreme Judicial Court

Decided August 31, 2005PublishedCited by 10 opinions

1Opinion of the CourtSpina, J.

In this appeal we decide that, before a judge may extend up to six months a dispositional order with an out-of-*56home placement arising from an adjudication that a child is in need of services, G. L. c. 119, § 39G, third par., requires the judge to hold an evidentiary hearing and find by a preponderance of the evidence that the purposes of the dispositional order have not been accomplished and that an extension of the order would be reasonably likely to further those purposes.1

These proceedings began on November 20, 2002, when a school official from the town of Mashpee filed a petition in the…

2Cases cited19 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Santosky v. KramerSupreme Court of the United States · 1982
  4. Armstrong v. ManzoSupreme Court of the United States · 1965
  5. Hanlon v. RollinsMassachusetts Supreme Judicial Court · 1934

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3Cited by10 opinions

  1. Connor B. Ex Rel. Vigurs v. PatrickDistrict Court, D. Massachusetts · 2011
  2. Duarte v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 2008
  3. Gillespie v. City of NorthamptonMassachusetts Supreme Judicial Court · 2011
  4. Adoption of MarianoMassachusetts Appeals Court · 2010
  5. AndrewsMassachusetts Supreme Judicial Court · 2007

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