Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1115

(1)Probation Records, Including Criminal Activity Record Information (CARI). Adult probation records, including CARI, are official records that are admissible as evidence of a parent's character. Juvenile delinquency probation records are inadmissible in care and protection cases by operation of statute.

(2)Department of Children and Families (DCF) Records and Reports.

(3)Drug and Alcohol Treatment Records. Drug and alcohol treatment records are confidential under State and Federal law. Such records may, however, be released to the parties by judicial order after application showing good cause therefor, including the need to avert a substantial risk of death or serious bodily harm, which specifically includes incidents of suspected child abuse and neglect.

(4)School Records. School records generally are admissible as official records, with the exception of records of clinical history and evaluations of students with special needs.

(5)Police Reports. Police reports regarding police responses are admissible as business records insofar as the report is a record of the police officers' firsthand observations. Opinions and evaluations are not admissible. Hearsay statements within the report generally are not admissible unless the statement satisfies another hearsay exception.

(1)Court Investigation Reports. Written reports of court-appointed investigators are admissible.

(2)Guardian Ad Litem (GAL) Reports. Written guardian ad litem reports may properly be admitted into evidence and are entitled to such weight as the court sees fit to give them.

(3)Court-Appointed Special Advocate (CASA) Reports. Written CASA reports may properly be admitted into evidence and are entitled to such weight as the court sees fit to give them.

(4)Court-Ordered Psychiatric, Psychological, and Court Clinic Evaluation Reports. Written psychiatric, psychological, and Court Clinic evaluation reports generally are not admissible in evidence.

(1)Statements Not Related to Sexual Abuse. Out-of-court statements made by children that are not related to sexual abuse are admissible if they fall within an established exception to the hearsay rule or are offered for a nonhearsay purpose.

(2)Statements Related to Sexual Abuse.

(1)Children. Children may testify in care and protection and TPR proceedings if the court determines, after consultation with the child's attorney, that the child is competent and willing to do so. Children may testify in child custody proceedings in Probate and Family Court at the discretion of the judge.

(2)Foster/Preadoptive Parents. Foster parents and preadoptive parents have the right to attend care and protection trials and to be heard, subject to the usual evidentiary rules, but are not parties to care and protection or TPR proceedings.

(3)Parents Called by Adverse Party. A parent may be called as a witness by an opposing party. An adverse party who calls the parent as a witness may question the parent witness according to the rules of cross-examination.

(4)Social Workers. A licensed social worker or social worker employed by a government agency may be called as a witness by any party. An adverse party who calls the social worker may question the social worker according to the rules of cross-examination. Regarding communications between a social worker and a client that are privileged under State law, the social worker may testify to any such communication that bears significantly on the client's ability to provide suitable care or custody if the court first determines (1) that the social worker has such evidence, (2) that it is more important to the welfare of the child that the communication be disclosed than that the social worker-client relationship be preserved, and, if a TPR case, (3) that the patient has been informed that any such disclosure would not be privileged.

(5)Psychotherapists. Psychotherapists may be called as witnesses in care and protection and TPR proceedings regarding disclosures by a patient that bear significantly on the patient's ability to provide suitable care and custody if the patient attempts to exercise the privilege at trial and the court then determines (1) that the psychotherapist has such evidence, (2) that it is more important to the welfare of the child that the information be disclosed than that the psychotherapist-patient relationship be preserved, and, if a TPR case, (3) that the patient has been informed that any such disclosure would not be privileged.

(6)Court-Appointed Investigators and G. L. c. 119, § 51B, Investigators. Court-appointed investigators appointed pursuant to G. L. c. 119, § 24, and investigators assigned to investigate G. L. c. 119, § 51A, reports pursuant to G. L. c. 119, § 51B, may be called as witnesses by any party for examination regarding the information contained in any such investigation report.

(7)Experts. Opinion testimony by persons qualified by the court as experts is admissible if it is based on scientific, technical, or specialized knowledge that will assist the trier of fact to understand the evidence or to determine a fact at issue.

(1)Adoption Plans. Adoption plans prepared by the DCF are admissible.

(2)Bonding and Attachment Studies. Written reports of bonding and attachment studies are inadmissible. Evidence relevant to any such bonding and attachment study may be the subject of testimony from the evaluator.

(3)Judicial Findings from Prior Proceedings. Judicial findings from prior proceedings may be admissible if the findings are relevant, timely, and material.

(4)Past Parental Conduct. Past parental conduct may be relevant to the issue of current parental fitness if not too remote.