Wednesday, May 18, 2022

MASSACHUSETTS LAW - CRA AND THE STUBBORN CHILD

Presently, I am representing children in Massachusetts (and sometimes the parent, legal guardian, or custodian) in Child Requiring Assistance (CRA) cases where parents, guardians, or school officials ask the court to help supervise a child for various reasons.

Many of the cases I am seeing now involve G.L. c. 119, § 21, in that the child who is between the ages of six and eighteen "repeatedly fails to obey lawful and reasonable commands of a parent, legal guardian, or custodian, thereby interfering with the parent's, legal guardian's or custodian's ability to adequately care for and protect said child.". In other words, the stubborn child.

What is a "stubborn child". According to Merriam-Webster: "Definition of stubborn child: a minor (as in the state of Massachusetts) who refuses to submit to the lawful commands of parent or guardian and may be placed in state custodial care." So, for the immediate future, I will gather cases from Massachusetts and similar states with CRA statutes to help formulate some guidelines as to what behavior leads to a finding of "stubborn child"

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