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CARE AND PROTECTION OF ERIN

443 Mass. 567 (2005)

CARE AND PROTECTION OF ERIN.

Supreme Judicial Court of Massachusetts, Essex.

March 3, 2005.

Attorney(s) appearing for the Case

Michael F. Kilkelly for the mother.

Brigid Kennedy-Pfister for the child.

Daniel J. Hammond, Assistant Attorney General, for Department of Social Services.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

IRELAND, J.

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...

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