$0 Massachusetts Guardianship Filing Checklist

CARI and WMS Background Check for Guardianship in Massachusetts

The Probate and Family Court uses a CARI/WMS release request in minor guardianship cases as part of pre-hearing screening. The court's filing guidance lists the form for interested parties, guardian(s), and/or parent(s) as a best practice to file before the hearing. If you are a grandparent, aunt, uncle, or other relative petitioning for guardianship, here is what to expect and how the screening process works.

What CARI and WMS Mean

CARI stands for Court Activity Record Information. The Probate and Family Court's CARI includes Criminal Offender Record Information (CORI), juvenile records, and civil restraining-order information. WMS is the Warrant Management System, which tracks open arrest warrants. Together, these records help the court review the proposed guardian's background.

The court also checks for active civil restraining orders under M.G.L. c. 209A (abuse prevention) and c. 258E (harassment prevention).

Who Must Submit the Release

The CARI/WMS Release Request (CJP 34) is used for interested parties, guardian(s), and/or parent(s) who are being screened. If you are filing jointly with a spouse or another relative, each person being screened completes a separate release.

A CARI/WMS check is separate from DCF records. When the court needs DCF documents to decide a child's care or custody, it must obtain written informed consent or issue an order; those orders may be made under M.G.L. c. 119, §§ 51E and 51F (Standing Order 2-11).

How the Process Works

  1. Get the form. Download CJP 34 from the Massachusetts Trial Court website or pick it up at the Registry of Probate where your case is filed.
  2. Complete and sign. The form requires your full legal name, date of birth, and signature authorizing the court to run the check.
  3. Send it to Probation. The CJP 34 form says it must be sent to the Probate and Family Court Probation Department and will not be docketed or scanned.
  4. Wait for results. The court conducts the screening internally — you do not need to go to a police station or pay a separate fee.
  5. Results go to the court. The CJP 34 form's results section is for court use, and the form is not docketed or scanned into the case file. If Probation reviews a party's CARI for a referred service, Standing Order 1-11 requires it to tell that party and give them an opportunity to review the record.

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Does a Criminal Record Automatically Disqualify You?

Not every criminal record automatically disqualifies a prospective guardian. However, Massachusetts court guidance says a person with a criminal record of child abuse or neglect is not eligible to become a guardian. For other records, the judge decides whether appointment is in the child's best interests. In a guardianship case, the judge considers the nature and seriousness of any record, how long ago it occurred, and whether it bears on the child's best interests. A decades-old misdemeanor is treated differently than a recent conviction involving children.

If you have concerns about your record, consult a family law attorney before filing. A Court Service Center can help with forms and procedure, but its staff cannot give legal advice or tell you how a judge will evaluate a particular record.

Common Questions

Can I run my own CORI check first? You can request your own Massachusetts CORI record through the Department of Criminal Justice Information Services (DCJIS) iCORI portal for $25. This lets you review your CORI record, but it does not include the separate CARI/WMS screening used in court.

Does the check cover other states? The standard CJP 34 screening covers Massachusetts records only. If the judge has reason to believe there may be out-of-state criminal history, they can order additional checks, but this is not automatic.

How long does the screening take? Results typically come back within a few days to two weeks. If your hearing is scheduled and results have not arrived, the court may continue the hearing to a later date rather than proceed without them.

Preparing Your Filing

The background check is one piece of a larger filing package that includes the MPC 140 petition, a child care or custody disclosure affidavit, a bond form, a military affidavit, and the proposed decree. The Massachusetts Guardianship and Custody Court Process Guide walks through every form and filing step, including a pre-hearing checklist so nothing gets missed at the registry.

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