In re Care & Protection of a Minor
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The Supreme Judicial Court affirmed the judgment of a single justice of the court dismissing as moot Father's petition pursuant to Mass. Gen. Laws ch. 211, 3, holding that there was no abuse of discretion.
The Department of Children and Families filed a care and protection petition pursuant to Mass. Gen. Laws ch. 119, 24 after the child in this case tested positive at birth for drugs. Thereafter, temporary custody was granted to Father. Father filed a motion to dismiss the petition for temporary custody on the grounds that there was no need for judicial intervention. The judge denied the order. Thereafter, Father brought his Mass. Gen. Laws ch. 211, 3 petition. While the petition was pending, the juvenile court dismissed the care and protection case. On that basis, the single justice dismissed Father's as moot Mass. Gen. Laws ch. 211, 3 petition. The Supreme Judicial Court affirmed, holding that this Court declines to exercise its discretion to consider Father's appeal notwithstanding the fact that it was moot.
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