Court Case Record JOHN DONOGHUE vs. CHILD 2013-J-0156 UID(ee03)

JOHN DONOGHUE vs. CHILD Court Case Record

Court Case Number: 2013-J-0156

Case Number2013-J-0156
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex Juvenile
CourtMiddlesex Juvenile Court
Court Address
Field Date04/12/2013
Close Date04/18/2013


John DonoghuePlaintiff/Respondent
Kate Ryan, EsquireChildDefendant/Petitioner
James A. LavalleOther/respondent
Tonya LavalleOther/respondent
Entry Date Paper Entry Text
04/12/2013 #1 Motion to waive entry fee, filed by Courtney Lavalle, is allowed.
04/12/2013 #2 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Child. ^
04/12/2013 #3 Motion to impound, filed by Child. ^
04/18/2013 #4 RE#3: No action necessary, as matters impounded in the trial court remain impounded. *Notice.
04/18/2013 ORDER: This matter is before me on a petition, pursuant to G. L. c. 231, § 118, filed by the child, C.L., seeking relief from an order of the Middlesex Juvenile Court, finding that C.L. is a "child requiring assistance." The petition seeks an order vacating the Juvenile Court's finding on the ground that the child's unexcused absences from school did not meet the statute's requirement that the child had "willfully fail[ed] to attend school for more than 8 school days in a quarter." G. L. c. 119, § 21. While it remains unclear under the current version of G. L. c. 119, § 39I, whether appellate review may be commenced by the filing of a notice of appeal in the Juvenile Court, as required by the Rules of Appellate Procedure, or by the filing of a petition with the single justice pursuant to G. L. c. 231, § 118,[1] I need not reach the issue, as the attempted appeal is flawed under either procedure. Here, the order entered on the Juvenile Court docket on March 11, 2013. It does not appear from the docket that a notice of appeal was filed within the thirty-day appeal period as required by Mass.R.A.P. 4(a). In addition, this petition to the single justice was filed on April 12, 2013, beyond the thirty-day period permitted by c. 231, § 118. Accordingly, the petition must be dismissed as untimely (Carhart, J.). Notice/attest/Donahue, J. Footnotes: [1] General laws c. 119, § 39I, as amended by St. 2012, c. 240, provides that, "the appeal shall be to the appeals court under section 118, of chapter 231 and shall proceed under the Massachusetts Rules of Appellate Procedure that govern child welfare cases."