MEDIATION 5 reasons why you should you try it.

1.    Mediation is fair and neutral.

Parties have an equal say in the process and they, not the mediator, decide the terms of the settlement. There is no determination of guilt or innocence in the process.

2.    Mediation saves time and money.

Mediation usually occurs early in the charge process, and many mediations are completed in one meeting. Legal or other representation is optional but not required.

3.    Mediation is confidential.

All parties sign a confidentiality agreement. Information disclosed during mediation will not be revealed to anyone.

4.    Mediation avoids litigation.

Mediation costs less than a lawsuit and avoids the uncertainty of a judicial outcome.

A neutral third party assists the parties in reaching a voluntary, mutually beneficial resolution. Mediation can resolve all issues important to the parties, not just the underlying legal dispute

5.    Mediation improves communication.

Mediation provides a neutral and confidential setting in which the parties can openly discuss their views on the underlying dispute. Enhanced communication can lead to mutually satisfactory resolutions.

Did you know there are different kinds of mediation? Some mediators focus their work in just one or two areas so that they are well versed in the potential issues and solutions that may rise in that specific kind of dispute. For example, you can use a mediator who specializes in Divorce or Permanency mediation. It does not hurt to ask the other parties if they would be open to mediating so that the resolution is a collaboration versus an order that may leave one or more parties unsatisfied.

Have questions about whether or not mediation may be the right for your dispute? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

ellen@emcurranlegal.com

WHAT IS A CHILD REQUIRING ASSISTANCE (CRA) CLAIM?

What is a CRA?

A Child Requiring Assistance (CRA) claim is a court case in which the Juvenile Court is asked to help parents and/or school officials with the supervision and/or management of a child who is at least 6 but not yet 18 years old.

There are five types of Child Requiring Assistance that can be filed with the Juvenile Court:

1.      “Runaway” - repeatedly runs away from home of the parent, legal guardian or custodian;

 2.      “Stubborn Child” – repeatedly fails to obey the lawful and reasonable rules of a parent, which interferes with the parent/guardian/custodian’s ability to adequately care for and protect the child;

 3.      “School Offender” – repeatedly fails to obey lawful and reasonable school regulations;

 4.      “Truant” – willfully fails to attend school for more than 8 school days in a quarter; and

 5.      “Sexually exploited” -- and has been subjected to sexual exploitation.

Who may file a CRA?

A parent, legal guardian or custodian may file a CRA petition on their child who is at least 6 but not yet 18 is a runaway or truant.

The parent or police may file a CRA petition on a child who is at least 6 but not yet 18 who is a sexually exploited child.

A school district may file a CRA petition on a child who is at least 6 but not yet 16 who is a school offender or truant.

What happens on the first court date?

Once the appropriate person files the CRA with the juvenile court, the court will assign a date for a preliminary hearing. The child and their parent(s) will be assigned an attorney through the appropriate state agency. Ideally the parties will meet with their attorney before the hearing date but sometimes this doesn’t happen and the initial meeting will on the same day as the hearing. Almost every CRA will be assigned to a probation officer and a Department of Children and Families (DCF) social worker.  

At the preliminary hearing, the court will hear from each party. After each party has had an opportunity to say their piece, the judge will dismiss the petition, order informal assistance, or schedule a “fact finding” hearing. At this hearing, the court may grant temporary to DCF.

What happens if a child does not go to the hearing or runs away?

If a child fails to come to court or runs away, the court may issue a warrant of protective custody. The warrant does not go into the police computer system. Police should bring the child to court if the child is found. If the police find the child outside of court business hours, the police should take the child home or to a shelter (if one exists). A child may not be handcuffed, taken to the police station, placed in a court lockup facility, or placed in DYS if the police pick him/her up on a warrant of protective custody.

Have questions or concerns about your child? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com