In re Odetta
In re Odetta
Opinion of the Court
Odetta appeals from a judgment adjudicating her a child in need of services (CHINS), pursuant to G. L. c. 119, § 39E.
We do not reach the issue whether a child can be adjudicated a CHINS runaway based on a single instance of running away from home because Odetta is barred from challenging the validity of her adjudication by way of a direct appeal.
We have not previously addressed the question whether a child’s failure to claim an appeal for a trial de nova pursuant to G. L. c. 119, § 391, precludes the child from bringing a direct appeal. However, the trial de nova system at issue is analogous to the two-tier trial system that was in effect in the District Courts of the Commonwealth from 1973 to 1994 when G. L. c. 278, § 18, the statute authorizing the two-tier system, was repealed. Under the two-tier system, a defendant’s only avenue to challenge the judgment or errors occurring in the course of a District Court bench trial, even if of constitutional magnitude, “was to seek a trial or sentencing review de nova in the jury-of-six session.” Commonwealth v. Lupo, 394 Mass. 644, 647 (1985). See Lydon v. Commonwealth, 381 Mass. 356, 363-366, cert. denied, 449 U.S. 1065 (1980) (defendant convicted at initial bench trial had no right to review of sufficiency of evidence prior to a de nova jury trial). Cf. Commonwealth v. Lupo, supra (dismissing appeal where defendant admitted to sufficient facts to be found guilty of marijuana possession in the first instance, subsequently filed a motion for postconviction relief under Mass.R.Crim.P. 30(a), but did not seek appeal de nova to which he was entitled by statute). Furthermore, under the former two-tier system, “[a]ny errors which may have contaminated the bench trial were effectively expunged by the availability of a de nova trial in the District Court jury-of-six session.” Foley v. Lowell Div. of the Dist. Court Dept., 398 Mass. 800, 804 (1986). Similarly, had Odetta availed herself of her right to a de nova trial, any error, including the judge’s allegedly erroneous interpretation of the statute, would have been negated.
So ordered.
General Laws c. 119, § 39E, as appearing in St. 1992, c. 379, § 10, provides:
“A parent or legal guardian of a child having custody of such child, or a police officer may apply for a petition in [juvenile court] alleging that said child persistently runs away from the home of said parent or guardian or persistently refuses to obey the lawful and reasonable commands of said parent or guardian resulting in said parent’s or guardian’s inability to adequately care for and protect said child.”
The CHINS preliminary inquiry report states: “[Odetta] came into my room this morning. I told her not to be on phone. Took my husband back to work, and Odetta was gone with her belongings. Odetta has never run before.”
Odetta does not appeal from the dispositional order.
“While St. 1996, c. 200, abolished the trial de nova system for children accused of violating the laws of the Commonwealth, the provisions of law relating to Children in Need of Services cases, M.G.L.A. c. 119, §§ 39E to 39J, were not amended. As such, a trial de nova is still available in actions pursuant to those sections.” Ireland, Juvenile Law § 4.17 (2006)
Deciding as we do, we need not reach any issue as to mootness of the appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.