One University Avenue, Suite 300B, Westwood, MA 02090 | 617.862.2005
Valerio Dominello & Hillman, LLC
  • Welcome
  • Our Team
      • Elizabeth Valerio
      • Nicholas Dominello
      • Robert Hillman
      • Thomas Costello
      • John Foskett
      • Jennifer King
      • Amani Kmeid
      • Eric McKenna
      • Matthew Milward
      • Ann Marie Noonan
  • Practice Areas
      • School Law
      • Labor Law
      • Employment Law
      • Higher Education
      • Litigation
      • Appellate Law
  • News
  • Contact Us
  • Menu Menu

SJC Finds That Petitions Under The Child Requiring Assistance (CRA) Statute May Be Filed By Non-Attorney School Personnel

Posted: March 21, 2022/in News /by Heather McCarthy

On March 18, 2022, the Massachusetts Supreme Judicial Court issued a decision, Lexington Public Schools v. K.S., holding that pursuant to G.L. c. 119, § 39E, the Child Requiring Assistance (CRA) statute, non-attorney school personnel are authorized to file Juvenile Court petitions concerning students. The issue before the court was whether an assistant principal committed unauthorized practice of law when he filed, on behalf of a school district, a petition under the CRA asserting that a twelve-year-old child needed assistance because of his excessive and willful absences.

In April of 2021, a middle school assistant principal and attendance supervisor filed a CRA petition in the Juvenile Court after a twelve-year (12) old child failed to attend school for forty-eight (48) days that school year, and his family had not participated in a truancy prevention program. After the Juvenile Court judge accepted the petition, counsel for the child moved to dismiss the petition on the ground that the assistant principal, as a non-attorney, was engaging in the unauthorized practice of law. The Juvenile Court judge denied the motion to dismiss, reasoning that the Legislature has authorized school officials to file CRA petitions.

Generally, non-lawyers are prohibited from practicing law to protect the public welfare, and courts enjoy broad discretion in defining the practice of law. Nevertheless, courts have traditionally given substantial deference to the views of the legislature on issues of unauthorized practice of law. Under the express language of the CRA, “a school district may initiate an application in [the Juvenile Court] stating that [a] child is not excused from attendance in accordance with the lawful and reasonable regulations of such child’s school…” M.G.L. c. 119 § 39E. Similarly, c. 76 § 20 says “Supervisors of attendance… may apply for petitions under the provisions of section thirty-nine E of chapter one hundred and nineteen.” In Lexington Public Schools, the court found that, in passing these laws, the Legislature intended to allow non-lawyers to apply for CRA petitions and that the Juvenile Court should provide materials to help them during their appearance. Further, CRA proceedings are intended to be relatively informal because, in 2012, the Legislature replaced the children in need of services statute with the CRA with the express goal of making the proceedings “less adversarial.” Accordingly, the Court held that school personnel – as well as parents, custodians, and legal guardians – do not engage in the unauthorized practice of law when they file a CRA petition.

However, the Court declined to go any further than the issue presented and did not provide a precise definition of the practice of law, recognizing the difficulty in doing so. Instead, the court reaffirmed previous holdings that a determination whether an individual’s actions constitute “practicing law” is a fact-specific inquiry.

If you have any questions regarding the filing of CRA petitions, please contact us.  We are pleased to assist school administrators in addressing truancy concerns and navigating the CRA petitions process.

This update is provided for informational purposes only and should not be considered legal advice.

Share this entry
  • Share on X
  • Share on LinkedIn
  • Share by Mail
https://vdhboston.com/wp-content/uploads/2018/03/VDH-Boston-Logo-white.png 0 0 Heather McCarthy https://vdhboston.com/wp-content/uploads/2018/03/VDH-Boston-Logo-white.png Heather McCarthy2022-03-21 11:29:282022-03-21 11:29:36SJC Finds That Petitions Under The Child Requiring Assistance (CRA) Statute May Be Filed By Non-Attorney School Personnel

Search News

Search Search

Recent News

  • Massachusetts District Court Grants Preliminary Injunction Allowing LGBTQ+ Curriculum Opt-OutFebruary 23, 2026
  • Supreme Judicial Court Issues Decision Which Clarifies Important Rules Governing Whistleblower Act Retaliation Claims By Public EmployeesJanuary 30, 2026
  • Appeals Court Clarifies Military Service Leave for Public EmployeesNovember 24, 2025
  • Three VDH Attorneys Named 2025 Massachusetts Super Lawyers and Rising StarsOctober 17, 2025
  • Jen King to Present at 2025 Massachusetts Association of School Business Officials (“MASBO”) Professional Development ProgramOctober 8, 2025
Copyright © 2026 - Valerio Dominello & Hillman, LLC - website by Cold Spring | Privacy Policy | Terms of Service | Disclaimer
Scroll to top Scroll to top Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

OKLearn more

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Privacy Policy
Accept settingsHide notification only