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SILVA v. CARMEL

SJC-11438

468 Mass. 18 (2014)

PATRICIA SILVA, guardian, v. NANCY CARMEL.

Supreme Judicial Court of Massachusetts, Middlesex.

April 18, 2014.

Attorney(s) appearing for the Case

Frederick M. Misilo, Jr. (Marisa W. Higgins with him) for the defendant.

Erin Jordan Harris for the plaintiff.

The following submitted briefs for amici curiae:

Joseph N. Schneiderman, of Connecticut, & Tara Hopper Zeltner for Association of Developmental Disabilities Providers & another.

Donna Morelli, Christina L. Paradiso, Edward M. Ginsburg, & Nathan Morse for Community Legal Aid.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

IRELAND, C.J.

The defendant appeals from an abuse prevention order issued against her pursuant to G. L. c. 209A by a District Court judge based on events that occurred in a residential program under the auspices of the Department of Developmental Services. Because we conclude that individuals who share a common diagnosis or status, rather than marriage, blood, or other relationships that are enumerated in G. L. c. 209A, § 1, and who live together in a State-licensed...

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