In Massachusetts, a Child Requiring Assistance (CRA) case is a legal process initiated to help children who are having difficulty at home, school, or in their community.
Navigating a CRA case can be complex, but it’s important to remember that the ultimate goal is to provide the necessary support and resources to help your child. By understanding the process outlined below and staying involved, you can help ensure a positive outcome for your family. If you have questions or need further assistance, Attorney Rocco Iannaci is a Special Education advocate, certified teacher and juvenile/family law attorney. Do not hesitate to reach out to him to discuss how he may be able to assist you.
What is a CRA? A Child Requiring Assistance (CRA) petition is a legal request to the court for assistance with a child between the ages of 6 and 18 who is showing behaviors that may require intervention. CRA petitions can be filed for several reasons, including:
- Runaway: The child repeatedly runs away from home.
- Stubborn Child: The child repeatedly disobeys reasonable commands from a parent, guardian, or custodian, putting their well-being at risk.
- Truancy: The child is habitually absent from school without a valid excuse.
- Habitual School Offender: The child repeatedly violates school rules.
A CRA petition is not a criminal proceeding. Its purpose is to provide services and support to the child and family in addressing the child's behavior.
Who Can File a CRA Petition?
- Parents or Guardians: For a child who is a runaway or is persistently disobeying home rules.
- School Officials: For truancy or habitual school offender behavior.
- Police Officers or Probation Officers: In some cases, law enforcement may be involved.
Steps to File a CRA Petition:
- Filing the Petition:
- A parent, guardian, school, or authorized person must file the CRA petition in the Juvenile Court that serves the area where the child lives.
- You will need to complete forms describing your concerns and provide any supporting documentation.
- Preliminary Hearing:
- Once the CRA petition is filed, the court will schedule a preliminary hearing.
- During the hearing, the judge will review the petition to determine if there is enough evidence that the child requires assistance.
- Temporary Custody:
- In some cases, if the judge determines that the child is at risk, the court may issue a temporary custody order. This is typically done only if it is in the best interest of the child.
- Probation Supervision:
- If the petition is approved, the child may be placed under the supervision of a probation officer, who will work with the family to create a service plan.
- The child may also be referred to counseling, educational programs, or community services, depending on their needs.
Court Process: What to Expect
- Pre-Trial Conference:
- The court will schedule a pre-trial conference, where the child, family, and any involved agencies or professionals meet to discuss the case and how best to support the child.
- The goal is to come up with a Service Plan for the child that provides the necessary resources, treatment, and support.
- Fact-Finding Hearing:
- If the case cannot be resolved at the pre-trial conference, the court may hold a fact-finding hearing to determine if the child does indeed require assistance based on the evidence presented.
- Disposition Hearing:
- If the court finds the child requires assistance, a disposition hearing will be held to determine the appropriate services and interventions.
- Possible outcomes include probation supervision, counseling, or community-based services.
The Role of Parents in a CRA Case As a parent or guardian, your involvement is crucial throughout the CRA process. Your role includes:
- Attending all court hearings: Your presence in court is required at all stages.
- Working with probation officers: If your child is placed under supervision, you will need to work closely with the assigned probation officer to implement the service plan.
- Following the court’s orders: The court will issue specific instructions for you and your child. Compliance with these orders is essential.
- Seeking support: The CRA process can be emotionally challenging. Parents are encouraged to seek family counseling, support groups, or resources to help manage the situation.
Key Things to Remember:
- This is not a criminal proceeding: The goal of the CRA process is to help, not punish. The focus is on getting services to help your child succeed.
- Your involvement matters: As a parent, your cooperation with the court and other agencies is essential to ensure the best outcome for your child.
