How Review and Redetermination Works in Massachusetts Juvenile Court – EP12

Review and redetermination in juvenile court is an underused legal process that allows a parent whose rights have not been terminated to return to court and ask for a new evaluation of their fitness as a parent. In this Boston Barrister episode, I explain who qualifies to file for review and redetermination, when it can be used, how often it can be filed, and how parents can use this process to show real progress after setbacks such as substance relapse, housing delays, or mental health treatment. I also walk through how the juvenile court assigns a new investigation, how evidence is evaluated, and what happens if Massachusetts Department of Children and Families disagrees, so parents understand how this process works from start to finish inside the Massachusetts Juvenile Court. Here Is What You’ll Learn Who can file for review and redetermination in juvenile court and why parental rights must not be terminatedWhen and why parents may agree to an adjudication of unfitness to gain time for recovery or stabilityHow often a review and redetermination petition can be filed and what the six-month timeline meansWhat a court investigation includes and how parents can present proof of sobriety, treatment, and parenting progressWhat happens if DCF disagrees and how parents can proceed to a trial for redetermination of fitness CONNECT WITH US ▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀ Website: https://kevinseaverlaw.com/ Facebook: https://www.facebook.com/LawOfficeOfKevinPatrickSeaver/ Instagram: https://www.instagram.com/lawofficeofkevinseaver/ LinkedIn: https://www.linkedin.com/company/the-law-office-of-kevin-patrick-seaver/ YouTube: https://www.youtube.com/channel/UCvt_ckAv7fDcHw1Rb4sVV0Q/featured TikTok: https://www.tiktok.com/@attorneykevinseaver Disclaimer This video is not intended as legal advice and does not create an attorney-client relationship. Please consult a lawyer regarding your legal issue. Keywords: review and redetermination in juvenile court Massachusetts juvenile court review and redetermination parents rights juvenile court Massachusetts adjudication of unfit parent explained juvenile court reunification process DCF review and redetermination getting children back after adjudication juvenile court court investigation #dcflawyer #dcf #familylaw #massachusettslaw #dcfdefense #parentalrights #substanceabuse Since 1991 Boston attorney Kevin Patrick Seaver has specialized in family law, including divorce and fighting false child abuse allegations and getting DCF cases closed once and for all. Giving parents freedom and happiness. 617-263-2633 [e-mail] Kevinseaverlaw.com Transcript: I want to talk about review and redetermination in the juvenile court. I want to talk about the who, what, where, when, and how you implement and execute a right to review and redetermination. The first is who can file for a right to review and redetermination in the juvenile court. The answer is a parent who has not, let me repeat, not had your parental rights terminated. So that’s the first factor. This is an adjudication. We agree that you’re unfit at some point in time during the juvenile court proceedings. Examples of this, when you might do that, when would I file for a right to review and redetermination and agree to adjudication? I’m unfit. And that happens in juvenile court where perhaps you have a substance abuse problem, that you relapse, need more time to show the judge, DCF, and the court that you are a fit parent. But right now, because you relapse, you may need more time to do substance abuse treatment, your AA and NA meetings, get that sponsor, prove to the court that you are sober and drug free. So in essence, what you’re doing is you’re buying more time. So once you sign and adjudicate that you’re unfit, but your rights are not terminated, and that’s the important thing here. You don’t want to have your rights terminated. When your rights are terminated, you have no more rights to your child. And they can have the child put up for adoption or guardianship. What are examples of when a right to review and redetermination in juvenile court is executed? And that’s a great question. I recently had a client call me. She had indicated that her two children are with a friend of hers. So the child or children in this case, are outside the foster care system. They’re with friends of the family, friends of the mother. So the mother had had a relapse. Part of sobriety is relapse. Part of drug treatment, substance abuse, is relapse. The crazy part is that we in America treat substance abuse problems which should be treated like a disease. So if you had cancer, they wouldn’t be being punitive or punishing you. But in cases of substance abuse, at times it feels that way. And I’ve heard from many clients that tell me that they feel that they’re being punished, that it’s punitive, that they don’t trust or believe them. So trust and believability, ...