Massachusetts General Laws ch. 119 sec. 27 – Appeals; procedure; notice of right of appeal; time limits
Section 27. A child, parent, guardian or person appearing in behalf of such child, or the department, may appeal from the adjudication of the court and from any order of commitment made as a result of the adjudication under the provisions of section twenty-six to the appeals court. The trial justice entering the adjudication or order of commitment shall, prior to said adjudication, or within ten days thereafter, file detailed findings of fact and conclusions of law. Pending the appeal, the child may be committed to the custody of the department or placed in the care of some suitable person or licensed children’s foster care agency. The district court or juvenile court where the order of adjudication was entered shall retain jurisdiction to and may enter any order for the needs of the child. The court shall notify the child, parent, guardian or person appearing in behalf of such child of the right of appeal at the time of adjudication and also at the time of commitment.
Terms Used In Massachusetts General Laws ch. 119 sec. 27
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
The claim of appeal under this section shall be filed in the office of the clerk of the said division of the district court department or the division of the juvenile court department within 30 days of the entry of the adjudication or order of commitment by the court. The completion of said appeal shall be governed by the Massachusetts rules of appellate procedure.