Legal Question in Family Law in Massachusetts

DSS Jurisdiction

My sister and her husband have been told by Massachusetts DSS that there are three reports of abuse and neglect against them because of "failure to thrive" concerning their two boys, ages 2yrs. and 11 months. DSS solicited these reports from the pediatrician and Children's Hospital in Boston after receiving concerns by Early Intervention.They have since retracted the reports. They tried to take the children away from the parents but the parents, fearing such an action, changed their residency to New Hampshire before DSS came to the house. The oldest one was found to be "milk protein intolerant" and DSS didn't know it. This is reason he is gaining weight slowly. My question is: My sister and her husband still want to continue going to Children's Hospital in Boston with their children. Does Massachusetts DSS still have the ability to take the children if they show up at the hospital in Massachusetts? How long do the have juridiction? Also, what can we do about this terrible injustice that has been done to our sister and her family?


Asked on 7/18/00, 7:42 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: DSS Jurisdiction

DSS did NOT "solicit" reports from the pediatrician and Children's Hospital ["CH"].

It is more likely that CH filed a 51A report to DSS. You probably want to continue with a private phsyician in NH.

Call me for more information.

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Answered on 9/11/00, 5:54 pm


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