Opinion
17-P-148
05-02-2017
CARE and PROTECTION of HALONA (and five companion cases).
NOTICE: Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass. App. Ct. 1001 (2009), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
On appeal from findings and judgment in this care and protection proceeding, the mother argues error in a Juvenile Court judge's ruling that precluded her from presenting evidence at a permanency planning hearing. The Department of Children and Families (DCF) has agreed that the judge erred in preventing the mother from presenting evidence. Both parties have asked us to vacate the judge's determinations and remand the case to the Juvenile Court.
We have reviewed the mother's brief and the transcript of the permanency planning hearing. We agree that the judge's failure to allow the mother to present evidence was an error that affected the integrity of the hearing. Accordingly, the findings and judgment dated August 22, 2016, are vacated and the case is remanded to the Juvenile Court, where the mother shall have the opportunity to present evidence at a permanency hearing. Under the circumstances, we conclude that this case should be assigned to another judge.
So ordered.
By the Court (Green, Carhart & Massing, JJ.),
The panelists are listed in order of seniority. --------
/s/
Clerk Entered: May 2, 2017.