Legal Question in Family Law in Massachusetts
filing abuse of discretion against dcf in massachusetts?
Background info: child 17 (d.o.b. 2/5/97): cra opened 10/22 quincy: child asked to go into dcf custody: there is no abuse/neglect of any: I told my daughter no and she took off 10/14: no major past problems: DCF told her on 10/23 she could not purchase a car nor drive a car: first placed in transitional home then to paternal grandfather(gf) beginning of Nov.(father deceased): She purchased car(borrowed money cash 3250.00)1 week being at grandfathers and is driving: Grandfather was told of rules: DCF notified 12/4 of car:GF was asked to take keys away: he refused: Daughter told not to drive: she refused: court 12/8 judge said i could rescind your license but i wont at this time and dcf is to handle matter: DCF conferred with their legal before removing daughter in case gf could appeal: daughter continued driving: dcf went to school (car on school grounds): dcf took child and placed her back in transitional 12/22: 12/23 transitional home drove her to school: transitional home went to pick her up from school and she was not there: missing persons filed: child returned to school at some point 12/23 and got car: child has been in touch with dcf and detectives: she refuses to turn herself in unless she is placed back at gf: detectives have stated they will do what they can if they receive a tip but she will be 18 soon and she is safe: from the internet missing in Massachusetts and school parent site (comment from parent since removed) she seems to be staying with a family from school: she is very bright and resourceful as the judge stated: She had this all planned as it is school vacation till 1/5:
I have a court appointed attorney as of 11/10: I asked my attorney to request that dcf have the car sold: dcf put the rule in place; dcf refuses to do anything about the car: My attorney says the judge will not order dcf to do anything with the car:I purchased a car that child had been driving until she fled on 10/14: I tried reasoning with her before she fled of how she would loose the car: She started planning this purchase on 10/17: "If "(we dont know) she did not have the car she may not have been able to run from dcf custody: unfortunately in my situation the new CRA laws are helping my child stay on the run since they cant pick her up technically after 4:30 and hold her: they can not touch her: she knows all this:
Do I have a chance filing an abusive discretion against DCF? My attorney says no.
If not, is there anything I can do? Basically you tell my daughter "no" and she does it anyways and she is getting away with it: She knows this: This is wrong to be letting her get away with this: DCF stated the best they could do would be take the keys away till she is 18: they did not succeed at this: In my eyes this is wrong too: It will not phase my daughter if they took the keys away till she is 18: I want the car sold:
Thank you
Susan Knineh
1 Answer from Attorneys
I concur with your Court appointed Attorney. I do not see how you can file for abuse of discretion against DCF. Also, I do not see what else you can do since she is going to be 18 in less than 40 days.
I am sorry that I do not have better news for you.
Happy New Year!
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