Articles Posted in Health Care Law

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Defendant and the victim in this case were intellectually disabled adults who lived together in a State-licensed residential facility. After Defendant pushed the victim into a bathroom, causing injuries to the victim, Plaintiff filed an application for an abuse prevention order on behalf of the victim. A district court judge granted an abuse prevention order pursuant to Mass. Gen. Laws ch. 209A, determining that, because Defendant and the victim lived “in the same household,” the district court had jurisdiction. The Supreme Judicial Court vacated the order against Defendant, concluding that individuals who share a common diagnosis or status, rather than marriage, blood, or other relationships enumerated in chapter 209A, and who live together in a facilities run by the State, do not qualify as “household members” within the meaning of chapter 209A. View "Silva v. Carmel" on Justia Law