Care & Protection of Sharlene

840 N.E.2d 918, 445 Mass. 756, 2006 Mass. LEXIS 9
CourtMassachusetts Supreme Judicial Court
DecidedJanuary 17, 2006
StatusPublished
Cited by11 cases

This text of 840 N.E.2d 918 (Care & Protection of Sharlene) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Care & Protection of Sharlene, 840 N.E.2d 918, 445 Mass. 756, 2006 Mass. LEXIS 9 (Mass. 2006).

Opinions

Greaney, J.

This case is before us on a reservation and report, without decision, by a single justice of this court. The petitioner is the stepfather of an eleven year old child (whom we shall refer to by the pseudonym Sharlene) who was admitted to Bay-state Medical Center (Baystate) on September 11, 2005, with critical injuries. As a result of her injuries, Sharlene remains in an irreversible vegetative state. On September 13, the Department of Social Services (department) filed a care and protection petition, pursuant to G. L. c. 119, § 24, and received custody of Sharlene. Counsel and a guardian ad litem (GAL) were appointed for Sharlene. On September 22, Sharlene’s adoptive mother, and only legal guardian, died. On September 26, a judge in the Juvenile Court denied a motion filed by the petitioner (who has been criminally charged with assault and battery on Sharlene1) to be declared the child’s de facto parent. On October 5, after a closed evidentiary hearing, which the petitioner’s counsel attended, but in which he was not allowed to participate, a judge allowed an emergency motion filed jointly by the department and Sharlene’s counsel (joint emergency motion), requesting an order that the child’s health care providers withdraw all life support measures currently in place and make no attempt to resuscitate her on the occurrence of cardiac or respiratory arrest (DNR order). The judge further ordered that his written decision allowing the joint emergency motion be impounded and released only to the department, Baystate, Sharlene’s counsel, and Sharlene’s GAL. The petitioner challenged the impoundment order and, after an evidentiary hearing on October 17, the judge modified that order to provide that his decision be made available only to persons connected with the case, including the petitioner, but not to the general public.

In a petition filed pursuant to G. L. c. 211, § 3, the petitioner challenges the denial of his motion for de facto parental status [758]*758and seeks a new hearing on the joint emergency motion, in which he, as Sharlene’s de facto parent, has a voice. He also argues that the public should be allowed access to all proceedings (except for a new hearing, should one be ordered by this court) and all relevant documents in this case. We have carefully examined the record and the GAL report (which we requested and received from the Juvenile Court) and have ordered and listened to recordings of the hearings that took place. For reasons stated in this opinion, we affirm the denial of the petitioner’s motion to be declared Sharlene’s de facto parent and conclude that the petitioner properly was excluded from participation in the hearing on the emergency joint motion. As to the public access issue raised in the petition, we seriously question whether someone in the petitioner’s position has standing to assert such a claim on behalf of the public. We nevertheless consider, and reject, the claim and affirm the judge’s order that the documents relevant to this case should not be used for further publication without a specific order by the judge. We also have before us the order to withdraw life support currently in place for Sharlene and to refrain from resuscitation. We affirm that order as well.

We will begin by summarizing the relevant facts of Sharlene’s fife. We then will describe, in some detail, the procedural history of this case. Finally, we will address the substantive issues raised by the petition.

Sharlene was born on February 24, 1994. Her biological mother was sixteen years old and not married to Sharlene’s biological father.2 When Sharlene was four years of age, she was sent to live with her aunt (who would later become her adoptive mother). That same year, based on a determination that Sharlene had been sexually abused by her biological mother’s boy friend, the department sought and received custody of Sharlene, but allowed Sharlene to remain in her aunt’s home as a foster child. The petitioner began living in the home in February, 2000, and married Sharlene’s aunt in September, 2001. In October, 2001, Sharlene was adopted by her aunt (hereinafter, adoptive mother) as a single parent.

[759]*759The GAL report, which was submitted to the judge in connection with the joint emergency motion, contains a considerable amount of information dealing with developmental and social difficulties with which Sharlene struggled throughout her young life. This information appears to have been gathered from the department’s reports, the authenticity of which was never established. We therefore omit the information for purposes of this opinion. The GAL report did disclose that multiple reports have been filed with the department, pursuant to G. L. c. 119, § 51 A, involving Sharlene and her two siblings,3 since January, 2001. The GAL report set forth the following chronological history of child abuse reports and investigations involving Sharlene alone:

“9/27/02 Child Abuse/Neglect Report. Allegations of neglect and physical abuse of [Sharlene] Screened Out.[4]
“10/24/02 Child Abuse/Neglect Report. Screened in for allegations of neglect and physical abuse of [Sharlene]. Reporter saw bruises on child, concerns about how child is disciplined and child out of school for eight days.
“10/25/02 Child Abuse/Neglect Investigation. Unsupported151 with no reasonable cause to believe that a condition of neglect or physical abuse exists.
“1/6/03 Child Abuse/Neglect Report. Initially screened in for neglect because mother is unable to keep child safe from harm then screened out as [care and protection] referral made.
“12/30/03 Child Abuse/Neglect Report.
[760]*760“1/13/04 Child Abuse/Neglect Report. Allegations of neglect screened out.
“2/23/04 Child Abuse Neglect Report. Screened in on allegations of neglect. 10 year old [Sharlene] missing for two hours and finally located in bathroom at Noble Hospital which is not close to her home.
“2/23/04 Child Abuse/Neglect Investigation. Unsupported. Child did run away from home but mother acted appropriately.
“6/11/04 Child Abuse/Neglect Report. Screened in because [Sharlene] had bruises, not in school and does not look as well cared for as other children in the home.
“6/14/04 Child Abuse/Neglect Investigation. Allegations of physical abuse and neglect unsupported. [Sharlene] reports that she bruised her face diving into a pool. Mother responsive to [Sharlene’s] self-abusive behaviors by bringing her to pediatrician and following counselor’s recommendations.
“6/18/04 Child Abuse/Neglect Report. Screened in for neglect initially and then screened out. Mother addressing issues with child’s therapist, mother agreed to voluntary services, child hospitalized and mother working with therapist to get child placed in residential care.
“6/25/04 Child Abuse/Neglect Report. Mother’s application for voluntary services accepted.
“7/15/04 Child Abuse/Neglect Report. Screened in for physical abuse and neglect of [Sharlene] by her mother. [Sharlene] has bruises on arm.
“7/15/04 Child Abuse/Neglect Investigation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Care and Protection of Adele
Massachusetts Supreme Judicial Court, 2025
In re Adoption Gemma
113 N.E.3d 934 (Massachusetts Appeals Court, 2018)
Care and Protection of M.C.
94 N.E.3d 379 (Massachusetts Supreme Judicial Court, 2018)
Adoption of Garret
Massachusetts Appeals Court, 2018
In re Adoption Garret
91 N.E.3d 1139 (Massachusetts Appeals Court, 2017)
Commonwealth v. Goncalves
32 Mass. L. Rptr. 655 (Massachusetts Superior Court, 2015)
Matthew W. Pitts v. Amanda M. Moore
2014 ME 59 (Supreme Judicial Court of Maine, 2014)
Lozada Tirado v. Tirado Flecha
177 P.R. 893 (Supreme Court of Puerto Rico, 2010)
Smith v. Jones
868 N.E.2d 629 (Massachusetts Appeals Court, 2007)
A.H. v. M.P.
857 N.E.2d 1061 (Massachusetts Supreme Judicial Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
840 N.E.2d 918, 445 Mass. 756, 2006 Mass. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/care-protection-of-sharlene-mass-2006.