The permanency hearing

Massachusetts Trial Court Rules

Rule: 8

Jurisdiction: MA

Bluebook Citation: Mass. Trial Ct. R. 8

(1) The permanency hearing, including the hearing as described in Rule 3(c) , shall be conducted in the same manner as any other hearing unless otherwise stated in these Rules. At the hearing, the judge will review the permanency report, any objections and responses, and make the determinations required by these Rules. (2) The author of the Department's permanency report shall be available for cross-examination by each of the parties. (3) The judge who entered the adjudication, or if there has not been an adjudication, who entered the original order of commitment, grant of custody, or transfer of responsibility of a child or young adult to the Department shall conduct the hearing unless impractical or would cause undue delay. (4) The court shall consult with the child or young adult in an age-appropriate manner about the permanency report and the permanency plan. Counsel for the child or young adult shall be prepared to provide the court with the child's position regarding the permanency report and the permanency plan. (5) The permanency hearing, including the hearing as described in Rule 3(c) , may be held simultaneously with a trial, review and redetermination, other hearing, or other proceeding in the matter, but no later than the scheduling requirements contained in Rule 3(a)(1) .

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