Care & Protection of Rae
Care & Protection of Rae
Opinion of the Court
The petitioners, former foster parents of a minor child, appeal from a judgment of a single justice of this court denying their petition pursuant to G. L. c. 211, § 3. We affirm.
The child is the subject of a care and protection proceeding in the Juvenile Court. The proceeding was consolidated with a guardianship proceeding commenced by the children’s maternal aunt and uncle. During the trial of the matter, the petitioners moved to intervene. Their motion was denied. Following trial, guardianship was granted to the aunt and uncle. Thereafter, the petitioners filed their own guardianship petition, which was dismissed as moot. In the county court, the petitioners sought relief from the order denying their request to intervene. Final judgment has not yet entered in the Juvenile Court proceeding.
The case is now before us pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). Under the rule, the petitioners bear the burden of demonstrating the lack of an adequate alternative remedy. They have not done so. Concerning their motion to intervene, through which they sought intervention as of
Judgment affirmed.
The grounds on which we resolve this case obviate our need to address the exhibit included in the petitioners’ record appendix that the child’s biological father has moved to “strike and expunge.” We note that the case file has been impounded.
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