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Appeals court hears challenge over enforcing DCF fair‑hearing placement decision
Summary
A panel of the Supreme Judicial Court heard arguments over whether the superior court may order the Department of Children and Families to enforce a fair‑hearing officer’s placement decision that favored a grandmother; DCF says placement decisions must reflect children’s current best interests in juvenile proceedings.
A panel of the Supreme Judicial Court heard oral argument over whether a superior court may require the Department of Children and Families (DCF) to enforce a fair‑hearing officer’s decision that a grandmother was an appropriate kinship caregiver.
Appellant counsel Attorney LaManna told the court she represented the grandmother and asked the justices to find the superior court had jurisdiction under the Administrative Procedure Act (Chapter 38) and Chapter 231 to issue declaratory and injunctive relief compelling DCF to follow the fair‑hearing outcome. “Justice delayed is justice denied,” LaManna said, noting the fair hearing concluded in September 2023 but the decision was not issued until May 2024.
The department, represented by…
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