Care and Protection of Walt

The Department of Children and Families (department) received a report that three-year-old Walt was being neglected. An investigator arrived unannounced at Walt’s grandmother’s house, where he and his parents (defendants) resided. The investigator smelled marijuana and noticed the second floor, where the family lived, was so littered with trash and clutter that it was difficult to walk. The investigator took custody of Walt and then spoke to the parents, who explained that they were unable to obtain public housing, the grandmother would not allow them to clean, and they occasionally smoked marijuana. The department filed a care-and-protection petition for emergency custody of Walt. A judge transferred custody of Walt to the department for up to 72 hours, finding that the department made reasonable efforts to prevent Walt’s removal. Walt was placed with his aunt. At the 72-hour hearing, Walt’s mother stipulated to the department’s continued custody, but his father sought a hearing. At that hearing, the investigator admitted that she did not know all of the services the department offered parents, decided to remove Walt within 10 minutes of being in his home, and did not explore alternatives to foster care with Walt’s family. The judge ruled that the department would maintain custody, making no findings as to whether the department made reasonable efforts before removing Walt from his parents’ home, and found that the department had no obligation to do anything other than remove Walt. The father appealed. The appellate judge held that the trial judge erred in finding that the department had no obligation to make reasonable efforts before removing a child from his parents’ custody. The judge remanded the case and ordered daily supervised visitation, permission for the father to be involved in Walt’s special-education meetings, and that the department must explore alternative housing for Walt and his parents. The department moved for reconsideration, which was denied, but the father’s visitation was reduced. The appellate judge reported his order to a panel of the appeals court, and the case was transferred on to the Massachusetts Supreme Judicial Court on the court’s own motion.