In re Children of Brittany B.
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The Supreme Judicial Court affirmed the judgment of the district court finding that two of Mother's children were in jeopardy to their health or welfare while in Mother's care, holding that Mother did not present a prima facie case of attorney ineffectiveness and that the record supported the court's evidentiary rulings.
After a contested jeopardy hearing, the district court found jeopardy to the children based on the risk of physical and emotional harm and exposure to multiple unsafe people with a history of violence. Mother appealed, arguing that her trial counsel's assistance was ineffective and that the court abused its discretion by admitting certain statements by the children. The Supreme Judicial Court affirmed, holding (1) the record demonstrated assertive and effective assistance of counsel; (2) the court did not abuse its discretion in admitting the children's statements; and (3) the court's finding that the children would be in circumstances of jeopardy in Mother's care was based on competent evidence in the record.
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