Mass. Gen. Laws ch. 120, sec. 12 — MA Code / Part I / Title XVII / Chapter 120 / Section 12
Release under supervision; placement into families or homes
Status: in_force

Section 12. The department may direct release under supervision at any time, and may place children in its custody in their usual homes or in any situation or family that has been approved by the department; provided, however, that if the child has been committed to the department of youth services for murder in the first or second degree, as defined by section one of chapter two hundred and sixty-five; or manslaughter, as defined by section thirteen of said chapter two hundred and sixty-five; or rape, as defined by section twenty-two or section twenty-two A of said chapter two hundred and sixty-five; or aggravated rape of a child under 16 with force, under section 22B of said chapter 265; or a repeat offense, under section 22C of said chapter 265; or kidnapping, as defined by section twenty-five of said chapter two hundred and sixty-five; or aggravated rape and abuse of a child, under section 23A of said chapter 265; or a repeat offense, under section 23B of said chapter 265; or indecent assault and battery on a child under the age of fourteen years, as defined by section thirteen B of said chapter two hundred and sixty-five; or aggravated indecent assault and battery on a child under the age of 14, under section 13B1/2 of said chapter 265; or a repeat offense, under section 13B3/4 of said chapter 265; or assault on a child under the age of sixteen with intent to commit a rape, as defined by section twenty-four B of said chapter two hundred and sixty-five; or unnatural and lascivious acts with a child under the age of sixteen, as defined by section thirty-five A of chapter two hundred and seventy-two; then the department shall notify the police authority, of the city or town of which such child is a resident and as the police authority of the city or town where the offense occurred, of the intention to place such child in his usual home. Such notification shall occur at least seven days prior to the placement of any such child in his usual home. The commissioner of youth services may, subject to appropriation, employ agents for investigating places and for visiting and supervising children, and may provide for the maintenance, in whole or in part, of any child so placed in the charge of any person. Immediately on placing children in families or homes, the commissioner of youth services shall notify the commissioner of transitional assistance of the name of each child so placed and of the name and residence of the person to whose care he is entrusted. The department may at any time, until the expiration of the period of commitment, resume the care and custody of any child released under supervision. The department shall place children in families or homes of the religious belief of such children, but if this be impracticable, then due regard shall be had to the locality, and, if practicable, the home shall be such that the children shall have the opportunity to attend religious worship of their own belief.

Section 12. The department may direct release under supervision at any time, and may place children in its custody in their usual homes or in any situation or family that has been approved by the department; provided, however, that if the child has been committed to the department of youth services for murder in the first or second degree, as defined by section one of chapter two hundred and sixty-five; or manslaughter, as defined by section thirteen of said chapter two hundred and sixty-five; or rape, as defined by section twenty-two or section twenty-two A of said chapter two hundred and sixty-five; or aggravated rape of a child under 16 with force, under section 22B of said chapter 265; or a repeat offense, under section 22C of said chapter 265; or kidnapping, as defined by section twenty-five of said chapter two hundred and sixty-five; or aggravated rape and abuse of a child, under section 23A of said chapter 265; or a repeat offense, under section 23B of said chapter 265; or indecent assault and battery on a child under the age of fourteen years, as defined by section thirteen B of said chapter two hundred and sixty-five; or aggravated indecent assault and battery on a child under the age of 14, under section 13B1/2 of said chapter 265; or a repeat offense, under section 13B3/4 of said chapter 265; or assault on a child under the age of sixteen with intent to commit a rape, as defined by section twenty-four B of said chapter two hundred and sixty-five; or unnatural and lascivious acts with a child under the age of sixteen, as defined by section thirty-five A of chapter two hundred and seventy-two; then the department shall notify the police authority, of the city or town of which such child is a resident and as the police authority of the city or town where the offense occurred, of the intention to place such child in his usual home. Such notification shall occur at least seven days prior to the placement of any such child in his usual home. The commissioner of youth services may, subject to appropriation, employ agents for investigating places and for visiting and supervising children, and may provide for the maintenance, in whole or in part, of any child so placed in the charge of any person. Immediately on placing children in families or homes, the commissioner of youth services shall notify the commissioner of transitional assistance of the name of each child so placed and of the name and residence of the person to whose care he is entrusted. The department may at any time, until the expiration of the period of commitment, resume the care and custody of any child released under supervision. The department shall place children in families or homes of the religious belief of such children, but if this be impracticable, then due regard shall be had to the locality, and, if practicable, the home shall be such that the children shall have the opportunity to attend religious worship of their own belief.