reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 118i - Health Information Technology › Section 5 - Statewide Health Information Exchange Implementation Plan

Section 5. (a) The council shall approve all expenditures from the Massachusetts Health Information Exchange Fund established under section 10. The council, in consultation with the executive office and institute, shall prepare and annually update a statewide health information exchange implementation plan. The plan shall contain a budget for the application of funds from the Massachusetts Health Information Exchange Fund.
(b) Components of the plan, as updated, shall be community-based and shall assess a municipality's or region's readiness to implement an interoperable electronic health information exchange within the referral market for a defined patient population.
(c) The plan as updated shall: (i) allow seamless, secure electronic exchange of health information among health care providers, health plans and other authorized users; (ii) provide consumers with secure, electronic access to their own health information; (iii) meet all applicable federal and state privacy and security requirements, including requirements imposed by the Health Insurance Portability and Accountability Act of 1996, P.L. 104–191, the American Recovery and Reinvestment Act of 2009, P.L. 111–5, 42 C.F.R. §§ 2.11 et seq. and 45 C.F.R. §§ 160, 162, 164 and 170.; (iv) establish a method by which patients may choose which of their health care providers may disseminate their individually identifiable information; (v) provide public health reporting capability as required under state law; and (vi) allow reporting of health information other than identifiable patient health information for purposes of such activities as the executive office may consider necessary.
(d) The plan as updated shall be consistent with the mandatory compliance date for implementation of the health information exchange under section 7 and all other requirements of this chapter. Each such plan shall be consistent with the statewide electronic health records plan developed by the institute under subsection (c) of section 6D of of chapter 40J.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 118i - Health Information Technology › Section 6 - Patient's Electronic Access to Health Records

Section 6. Every patient shall have electronic access to such patient's health records. The executive office shall ensure that each patient will have secure electronic access to such patient's electronic health records with each of such patient's providers. The executive office shall ensure that the design of the statewide health information exchange includes the ability to transmit copies of electronic health records to patients directly or allow facilities to provide mechanisms for such patient to access such patient's own electronic health record.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 118i - Health Information Technology › Section 7 - Fully Interoperable Electronic Health Records Systems Connecting to Statewide Health Information Exchange

Section 7. All providers in the commonwealth shall implement fully interoperable electronic health records systems that connect to the statewide health information exchange. The executive office, in consultation with the institute, shall ensure that the statewide health information exchange and associated electronic health records systems comply with all state and federal privacy requirements, including those imposed by the Health Insurance Portability and Accountability Act of 1996, P.L. 104–191, the American Recovery and Reinvestment Act of 2009, P.L. 111–5, 42 C.F.R. §§ 2.11 et seq. and 45 C.F.R. §§ 160, 162 and 164.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 118i - Health Information Technology › Section 8 - Penalties for Non-Compliance

Section 8. The executive office shall prescribe by regulation penalties for non-compliance by healthcare providers with the requirements of section 7; provided, however, that the executive office may waive penalties for good cause, including, but not limited to lack of broadband internet access as provided in section 9. Penalties collected under this section shall be deposited into the Prevention and Wellness Trust Fund, established in section 2G of chapter 111.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 118i - Health Information Technology › Section 9 - Temporary Waiver of Certain Requirements if Unable to Comply Due to the Lack of Broadband Internet Access

Section 9. If a provider is located in a geographic area of the commonwealth that does not have broadband internet access and, due to lack of such broadband internet access, such provider is unable to fully comply with the requirements of the health information exchange and any other health it information technology requirements implemented by the executive office under this chapter, such provider may apply to the executive office for a temporary waiver of any specific requirement with which it is unable to comply. If the executive office determines that the provider is unable to comply with a requirement due to the lack of broadband internet access, the executive office may grant a waiver of such requirement; provided, however, that, upon a determination by the executive office that broadband internet access has become available to such provider since the date of the grant of the waiver, the executive office shall notify such provider of such availability. Within 180 days of such notice, such provider shall take such actions as are necessary to bring the provider into full compliance with the requirements of the health information exchange and any other health information technology requirements implemented by the executive office under this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 118i - Health Information Technology › Section 10 - Massachusetts Health Information Exchange Fund

Section 10. There shall be established and set up on the books of the executive office the Massachusetts Health Information Exchange Fund, referred to in this section as the fund, for the purpose of developing a statewide health information exchange. There shall be credited to the fund any appropriations, proceeds of any bonds or notes of the commonwealth issued for the purpose, or other monies authorized by the general court and designated thereto; any federal grants or loans; any private gifts, grants or donations made available; and any income derived from the investment of amounts credited to the fund. The executive office shall seek, to the greatest extent possible, private gifts, grants and donations to the fund. The executive office shall hold the fund in an account or accounts separate from other funds. The fund shall be administered by the executive office without further appropriation. Amounts credited to the fund shall be available for reasonable expenditure by the executive office, subject to the approval of the council where such approval is required under this chapter, for such purposes as the executive office determines are necessary to support the dissemination and development of the statewide health information exchange.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 118i - Health Information Technology › Section 11 - Plan Requirements

Section 11. Any plan approved by the executive office and council or the e–Health institute, including every grantee and implementing organization that receives monies funded in whole or in part from the e–Health Institute Fund established in section 6E of chapter 40J or the Massachusetts Health Information Exchange Fund established under section 10, shall:
(1) establish a mechanism to allow patients to opt-in to the health information exchange and to opt-out at any time;
(2) maintain identifiable health information in physically and technologically secure environments by means including, but not limited to: prohibiting the storage or transfer of unencrypted and non-password protected identifiable health information on portable data storage devices; requiring data encryption, unique alpha-numerical identifiers and password protection; and other methods to prevent unauthorized access to identifiable health information;
(3) provide patients the option of, upon request to a provider, obtaining a list of individuals and entities that have accessed their identifiable health information from that provider;
(4) develop and distribute to authorized users of the health information exchange and to prospective exchange participants, written guidelines addressing privacy, confidentiality and security of health information and inform individuals: the information available through the exchange, who may access their information and the purposes for which their information may be accessed; and
(5) ensure compliance with all state and federal privacy requirements, including those imposed by the Health Insurance Portability and Accountability Act of 1996, P.L. 104–191, the American Recovery and Reinvestment Act of 2009, P.L. 111–5, 42 C.F.R. §§ 2.11 et seq. and 45 C.F.R. §§ 160, 162 and 164.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 118i - Health Information Technology › Section 12 - Unauthorized Access or Disclosure; Reporting; Notice to Patient

Section 12. In the event of an unauthorized access to or disclosure of individually identifiable patient health information by or through the statewide health information exchange or by or through any technology grantees or implementing organizations funded in whole or in part from the e–Health Institute Fund established in section 6E of chapter 40J or the Massachusetts Health Information Exchange Fund established in section 10, the operator of such exchange or grantee or contractor shall: (i) report the conditions of such unauthorized access or disclosure as required by the executive office; and (ii) provide notice, as defined in section 1 of chapter 93H, as soon as practicable, but not later than 10 business days after such unauthorized access or disclosure, to any person whose patient health information may have been compromised as a result of such unauthorized access or disclosure, and shall report the conditions of such unauthorized access or disclosure. Any unauthorized access or disclosures shall be punishable by the civil penalties under section 16.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 118i - Health Information Technology › Section 14 - Federal Financial Participation

Section 14. The executive office, the council and the institute shall pursue and maximize all opportunities to qualify for federal financial participation under the matching grant program established under the Health Information Technology for Economic and Clinical Health Act of the American Recovery and Reinvestment Act of 2009, P.L. 111–5. The council shall consult with the office of Medicaid to maximize all opportunities to qualify any expenditure for any other federal financial participation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 118i - Health Information Technology › Section 15 - Annual Report

Section 15. The council shall file an annual report, not later than January 30, with the joint committee on health care financing, the joint committee on economic development and emerging technologies, the house and senate committees on ways and means and the clerks of the house and senate concerning the activities of the council in general and, in particular, describing the progress to date in developing a statewide health information exchange and recommending such further legislative action as it deems appropriate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 118i - Health Information Technology › Section 16 - Unauthorized Access or Disclosure; Penalties

Section 16. Unauthorized access to or disclosure of individually identifiable patient health information by or through the statewide health information exchange or by or through any technology grantees or implementing organizations funded in whole or in part from the from the e–Health Institute Fund established in section 6E of chapter 40J or the Massachusetts Health Information Exchange Fund established in section 10, or any associated businesses managing or in possession of such information, the operator of such exchange or grantee or contractor shall be subject to fines or penalties as determined by the executive office. The executive office shall promulgate regulations to assess fair and reasonable fines or penalties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 21a - Admissibility of Evidence; Qualified Experts

Section 21A. Evidence in proceedings under sections 21 to 51H, inclusive, shall be admissible according to the rules of the common law and the General Laws and may include reports to the court by any person who has made an investigation of the facts relating to the welfare of the child and is qualified as an expert according to the rules of the common law or by statute or is an agent of the department or of an approved charitable corporation or agency substantially engaged in the foster care or protection of children. Such person may file with the court in a proceeding under said sections 21 to 51H, inclusive, a full report of all facts obtained as a result of such investigation. The person reporting may be called as a witness by any party for examination as to the statements made in the report. Such examination shall be conducted as though it were on cross-examination. Evidence may include testimony of foster parents or pre-adoptive parents concerning the welfare of a child if such child has been in the care of the foster or pre-adoptive parents for 6 months or more, and may include the testimony of the child if the court determines that the child is competent and willing, after consultation with counsel, if any, to testify.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 22 - Visitation of Family Foster Homes; Removal of Child; Discharge of Child to Parent or Legal Guardian

Section 22. An agent of the department shall visit each family foster home, not supervised and approved by a licensed placement agency, at least once a year and may be authorized by the department to remove a child to its care if, in its judgment, the welfare of the child or its protection from neglect or abuse so require. An agent who is refused entry or hindered in the removal of such child may make complaint, on oath, to a justice of the court having jurisdiction, who may thereupon issue a warrant authorizing the agent to obtain sufficient aid and, at any reasonable time, enter the building designated, and any part thereof, to investigate the treatment and condition of a child found there and to remove the child as herein provided. The department shall take the child temporarily into its care, immediately notify the child's parent or legal guardian and, upon request, discharge the child to a parent or legal guardian. If the parent or legal guardian is unable or refuses to make suitable provisions for the child, the department shall make lawful provisions for the child's care under section 23 or 24.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 23a - Children Born to Inmates of Correctional Institutions or Jails; Care and Custody

Section 23A. Any child born to an inmate of the Massachusetts Correctional Institution, Framingham, or of the Industrial School for Girls at Lancaster, or of a jail or a house of correction, shall be accepted by the department, and any child whose mother is committed to the Massachusetts Correctional Institution, Framingham, to a jail or a house of correction, or to the custody of the youth service board, may be accepted by the department. Thereupon the department in consultation with the commissioner of correction or the chairman of the youth service board shall make such provision at said place of commitment or elsewhere for the care of said child as may seem to be for the best interests of said child.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 25 - Hearing; Custody of Child

Section 25. The petition under section 24 may be heard on the merits when a child is taken into custody and brought before the court or may be continued to a time fixed for hearing. Pending the hearing on the merits, the court may allow the child to be placed in the care of some suitable person or licensed agency providing foster care for children or may commit the child to the custody of the department. If the court commits a child to the custody of the department, the court shall consider the provisions of section 29C and shall make the written certification and determinations required by said section 29C.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 26c - Summary of Foster Care Providers' Employment

Section 26C. The department shall provide all children's foster care agencies acting as agents of the department and that employ foster care providers, a summary of the record of any such foster care provider's employment as a foster care provider as compiled by the department. Said summary shall include names and contacts of all other agencies that employed such person as a foster care provider, the tenure of each such employment as a foster care provider, the reasons for ending each such employment, and any other information the department deems relevant and necessary to determine the employee's fitness to continue to be employed as a foster care provider. The department shall require any foster care agency that employs foster care providers and with which it contracts to supply the information included in such summary to the department and maintain this information in a database. The department shall consult the department of early education and care if necessary to facilitate the collection of this information.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 27 - Appeals; Procedure; Notice of Right of Appeal; Time Limits

Section 27. A child, parent, guardian or person appearing in behalf of such child, or the department, may appeal from the adjudication of the court and from any order of commitment made as a result of the adjudication under the provisions of section twenty-six to the appeals court. The trial justice entering the adjudication or order of commitment shall, prior to said adjudication, or within ten days thereafter, file detailed findings of fact and conclusions of law. Pending the appeal, the child may be committed to the custody of the department or placed in the care of some suitable person or licensed children's foster care agency. The district court or juvenile court where the order of adjudication was entered shall retain jurisdiction to and may enter any order for the needs of the child. The court shall notify the child, parent, guardian or person appearing in behalf of such child of the right of appeal at the time of adjudication and also at the time of commitment.
The claim of appeal under this section shall be filed in the office of the clerk of the said division of the district court department or the division of the juvenile court department within 30 days of the entry of the adjudication or order of commitment by the court. The completion of said appeal shall be governed by the Massachusetts rules of appellate procedure.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 28 - Orders for Payment of Support; Who May Bring Action; Expiration of Order or Judgment

Section 28. (a) During the pendency of an action brought pursuant to section 24, temporary orders providing for the support of a child may be entered. The court may thereafter enter a judgment against the party chargeable with support. Any order of support entered under this section shall conform to and be enforced under section 12 of chapter 119A.
(b) Actions under this section to establish support of a child may be commenced by a parent, whether a minor or not; by the child; by the child's guardian, next of kin or other person standing in a parental relationship to the child; by the authorized agent of the department of children and families or any agency licensed under chapter 15D if the child is in its custody or is or was a recipient of any type of public assistance by the IV–D agency as set forth in chapter 119A on behalf of the department of transitional assistance, the department of children and families, the division of medical assistance, or any other public assistance program of the commonwealth. In the event that someone other than the IV–D agency commences the action, if the parent or child is or was a recipient of any type of public assistance, the court shall notify the IV–D agency of the pendency of the action and the IV–D agency shall be permitted to intervene in the action.
(c) An order, or judgment of support under this section, may be entered notwithstanding the default of the person chargeable with support or his failure to appear personally.
(d) In determining the amount of current support to be paid, the court shall apply the child support guidelines established by the chief justice of the trial court, or, in the absence of such standards, shall consider the factors set forth in section 32 of chapter 209.
(e) The person chargeable with support shall comply with this order, or judgment until it is dismissed or expires. When an action brought under section 24 is dismissed or a final order of commitment is entered, the order or judgment of support shall expire 6 months after the judgment of dismissal or final order of commitment. At the time of the dismissal or final order of commitment, the court shall notify the parties and the IV–D agency, as set forth in chapter 119A, of the expiration date of the support order or judgment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 29a - Legal Fees of Minors in Criminal Proceedings; Liability of Parents

Section 29A. The parents of an unemancipated minor shall be liable for such reasonable legal fees and expenses of an attorney representing the minor in criminal proceedings. Except where the parent is the alleged victim, the court shall determine whether the parent or guardian of an unemancipated minor is indigent. If the parent or guardian is not determined to be indigent, the court shall assess a $300 fee against the parent or guardian to pay for the cost of any attorney that is supplied by the committee for public counsel services or assigned to represent the minor by the court and paid out of public funds in the criminal proceedings. If the parent is determined to be indigent but is still able to contribute toward the payment of some of the costs, the court shall order the parent to pay a reasonable amount toward the cost of appointed counsel. This section shall not apply to a parent who, as a result of a decree of a court of competent jurisdiction, does not have custody of the minor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 29d - Notice of Hearing

Section 29D. The department shall provide notice of hearings held under sections 26, 29B and 39G to a foster parent, pre-adoptive parent or relative providing care for the child who is the subject of the petition and shall inform the foster parent, pre-adoptive parent or relative of his right to attend the hearing and to be heard. Nothing in this provision shall be construed to provide that such foster parent, pre-adoptive parent or relative shall be made a party to the proceeding.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 32 - Placement of Children in Private Families; Screening Under Early and Periodic Screening, Diagnostic and Treatment Standards and Assessment for Behavioral Health Symptoms and Sequelae; Individualized Health Care Plan

Section 32. Children in the care or custody of the department shall be placed in private families; provided, that any child who upon examination is found to be in need of special care, treatment or education may, if it is found by the department to be in the best interest of the child, be placed in a public or private institution or school, the primary purpose of which is the special care, treatment or education of children. The reasons for the placement of any such child shall be entered in the records of the department.
The department shall ensure that every child, upon entry into the foster care system, shall be screened and evaluated under the early and periodic screening, diagnostic and treatment standards established by Title XIX of the Social Security Act and assessed for behavioral health symptoms and sequelae, including those related to the precipitating factors of their entry into care, unless the child has been screened and evaluated within 30 days prior to the child's entry into the system; provided, however, that each child with identified behavioral health needs shall be provided appropriate referrals to related professionals to conduct more comprehensive diagnostic assessment, prescribe treatment and ensure the behavioral health and trauma-related needs of such child are addressed in a timely manner.
A medically needy child who is in foster care, whether specialized or other type of care as provided by the department or its agents, may not be placed in another foster home or other placement without an individualized health care plan that is unique to the child's health care needs; provided, however, that in an emergency due to abuse or neglect, the child may be removed without a plan. The plan shall include, but not be limited to: a description of the specific health care needs of the child and specific treatment and services necessary to meet those needs; identification of health care agencies or personnel or other professionals who may conduct transitional training on the child's health care needs for the subsequent foster parents or other placement or the family to whom the child will return. The department shall also provide to the subsequent foster parents or other placement or to the family to whom the child will return information on health care resources available and health care and other personnel whose services are required by the child.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 33c - Congregate Care Program; Reasonable and Prudent Parent Standard

Section 33C. (a) A congregate care program under contract to provide foster care to children in the care or custody of the department shall ensure that not less than 1 individual be present on-site who, with respect to any child placed at the congregate care program, is designated to be the caregiver authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities, including but not limited to, extracurricular, enrichment, cultural and other social activities, and who has been trained on how to use and apply the reasonable and prudent parent standard.
(b) A congregate care employee authorized and trained to apply the reasonable and prudent parent standard, and their employer, shall be immune with respect to tort claims against the employee related to the employee's decision to allow a foster child to participate in age or developmentally-appropriate activities if the employee acted in accordance with the reasonable and prudent parent standard. Immunity under this subsection shall not apply if the harm claimed was caused by an act or omission constituting: (i) gross negligence; (ii) recklessness; or (iii) conduct with an intent to harm or to discriminate based on race, ethnicity, national origin, religion, disability, sexual orientation or gender identity and expression.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 34 - Transportation of Children in Patrol Wagons

Section 34. A child involved in any proceeding shall not be transported in a patrol wagon from his home or from any other place to any court or institution, but if a conveyance is necessary shall convey him in such other suitable vehicle as shall be provided or designated by the department. Violation of this section shall be punished by a fine of not less than twenty-five nor more than fifty dollars or by imprisonment for not more than three months.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 35 - Furnishing Parent or Guardian Information as to Child; Permission to Visit; Notice; Parents Convicted of First Degree Murder

Section 35. If the parent or guardian of a child placed in charge of any person, association or public or private institution by any state department, town board, or by any public or private corporation or body of persons authorized by law to so place children, or if one of the next of kin of an orphan so placed in charge and without guardian, is not, upon request, informed by such department, board, corporation or body of persons where the child is, the probate court for the county where such child has his legal residence may, upon petition of such parent, guardian or next of kin, and upon notice, if in its opinion the welfare of the child and the public interest will not be injured thereby, require such department, board, corporation or body of persons to give the information and permit the parent, guardian or next of kin to visit the child at such times and under such conditions as the court orders; and the court may revise its order or make new orders or decrees as the welfare of the child and the public interest may require. No court shall make an order providing visitation rights to a parent who has been convicted of murder in the first degree of the other parent of the child who is the subject of the order, unless such child is of suitable age to signify his assent and assents to such order; provided, further, that until such order is issued, no person shall visit, with the child present, a parent who has been convicted of murder in the first degree of the other parent of the child without the consent of the child's custodian or legal guardian.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 36 - Bringing Child Into Commonwealth With View to Adoption, Guardianship, Custody or Care; Permit; Application; Bond

Section 36. No person or institution shall bring or cause to be brought into the commonwealth, or receive therein, from any other state, province or country, any child for the purpose of placing or boarding, or of procuring the placing or boarding of such child, in a family or home within the commonwealth, with a view to adoption, guardianship, custody or care by any person other than one related to him by blood or marriage, without first obtaining a permit therefor from the department. Such a permit shall not issue until a written application therefor has been filed with the department on forms by it prepared, containing such information relative to such child as the department may require, accompanied by an individual or blanket bond running to the commonwealth in such penal sum and with such surety or sureties as the department may approve, conditioned on the following:—(1) that all statements contained in such an application are true in substantial particulars; (2) that any such child becoming a public charge during his minority shall be removed from the state not later than thirty days after notice from the department; (3) that such child shall be removed from the state immediately upon his release from any penal or reformatory institution or training school to which he has been committed, within three years of his arrival within the state, for juvenile delinquency or crime; (4) that such child shall be placed or boarded under such agreement as will secure to him a proper home and surroundings, and as will render his custodian responsible for his proper care, education and training, under adequate supervision and subject to annual visitation by an agent; and (5) that such reports relative to the child shall be made to the department as it may require. In case of a breach of any condition of such a bond, the attorney general, upon request of the department, shall put the bond in suit, and the commonwealth or any city or town thereof shall be reimbursed from the proceeds for any expense incurred by reason of a breach of any such condition. Violation of this section shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 38 - Closed Hearings; Publication of Names

Section 38. All hearings under sections 1 to 38A, inclusive, except those related to court orders to not resuscitate or to withdraw life-sustaining medical treatment for children in the custody of the department under a care and protection order, shall be closed to the general public. It shall be unlawful to publish the names of persons before the court in any closed hearing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 38a - Petitions for Order to Not Resuscitate or to Withdraw Life-Sustaining Medical Treatment; Required Recommendations; Appeals

Section 38A. In any proceedings related to court orders to not resuscitate or to withdraw life-sustaining medical treatment, the department or the party petitioning for the order shall require: (i) a written opinion from the child's treating physician, (ii) a written recommendation from the ethics committee of the hospital at which the child is a patient, and (iii) a written second opinion from a physician who is certified in the same medical specialty as the child's treating physician and who is not affiliated with the hospital at which the child is a patient. The department or the party petitioning for the order shall submit these documents to the court. The commissioner shall determine and make the department's recommendation to the court. The court shall also seek a recommendation from the child's parent or guardian. The court shall appoint a guardian ad litem to make a recommendation to the court on behalf of the child. Any appeal made under this section shall be an interlocutory appeal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 39 - Abandonment of Infant Under Age of Ten

Section 39. Whoever abandons an infant under the age of ten within or without any building, or, being its parent, or being under a legal duty to care for it, and having made a contract for its board or maintenance, absconds or fails to perform such contract, and for four weeks after such absconding or breach of his contract, if of sufficient physical and mental ability, neglects to visit or remove such infant or notify the department of his inability to support such infant, shall be punished by imprisonment in a jail or house of correction for not more than two years; or, if the infant dies by reason of such abandonment, by imprisonment in a jail or house of correction for not more than two and one half years or in the state prison for not more than five years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 39d - Visitation Rights to Certain Grandparents of Unmarried Minor Children; Place to File Petition

Section 39D. If the parents of an unmarried minor child are divorced, married but living apart, under a temporary order or judgment of separate support, or if either or both parents are deceased, or if said unmarried minor child was born out of wedlock whose paternity has been adjudicated by a court of competent jurisdiction or whose father has signed an acknowledgement of paternity, and the parents do not reside together, the grandparents of such minor child may be granted reasonable visitation rights to the minor child during his minority by the probate and family court department of the trial court upon a written finding that such visitation rights would be in the best interest of the said minor child; provided, however, that such adjudication of paternity or acknowledgment of paternity shall not be required in order to proceed under this section where maternal grandparents are seeking such visitation rights. No such visitation rights shall be granted if said minor child has been adopted by a person other than a stepparent of such child and any visitation rights granted pursuant to this section prior to such adoption of the said minor child shall be terminated upon such adoption without any further action of the court.
A petition for grandparents visitation authorized under this section shall, where applicable, be filed in the county within the commonwealth in which the divorce or separate support complaint or the complaint to establish paternity was filed. If the divorce, separate support or paternity judgment was entered without the commonwealth but the child presently resides within the commonwealth, said petition may be filed in the county where the child resides.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 39f - Children in Need of Services; Right to Counsel; Determination of Indigency; Assessment of Costs

Section 39F. When an application for assistance stating the a child and family are in need of assistance is initiated the child shall be informed that he has a right to counsel at all hearings, and if said child is not able to retain counsel, the court shall appoint counsel for said child. The clerk shall cause a copy of the application for assistance and notice of the time and place of the any scheduled hearing or proceeding to be delivered to counsel at the time of appointment. When the application for assistance is filed, each parent, legal guardian or custodian of the child shall be informed of the right to be heard in any proceeding under sections 39E to 39I, inclusive, involving the child and that a parent or legal guardian has the right to counsel at any hearing or proceeding regarding custody of such child. If said parent or legal guardian is indigent, the court shall appoint counsel for said parent or legal guardian. The court shall determine whether the parent or guardian of a child stated to require assistance is indigent. If the court determines that the parent or guardian is not indigent, the court shall assess a $300 fee against the parent or guardian to pay for the cost of appointed counsel. If the parent is determined to be indigent but is still able to contribute toward the payment of some of said costs, the court shall order the parent to pay a reasonable amount toward the cost of appointed counsel.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 39i - Children in Need of Services; Appeal; Rights and Procedures

Section 39I. A child, parent, legal guardian or custodian may appeal from any order or determination, whether final or not final, made under sections 39E to 39H, inclusive. Pending the appeal, the juvenile court shall retain jurisdiction and may enter any order under this chapter to meet the needs of the child. Notwithstanding any general or special law to the contrary, the appeal shall be to a single justice of the appeals court under section 118 of chapter 231 and shall proceed in accordance with the procedures governing petitions to a single justice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 51c - Custody of Injured Child Pending Transfer to Department or Pending Hearing

Section 51C. If a parent or other person requests the release from a hospital of a child reported pursuant to section fifty-one A, the presiding judge of the juvenile court of the judicial district in which such hospital is located may, if he believes such release would be detrimental to the child's health or safety, authorize the hospital and the attending physician, by any means of communication, to keep such a child in the hospital until custody is transferred to the department or until a hearing may be held relative to the care and custody of such child.
Any other physician treating a child reported pursuant to section fifty-one A may be so authorized by the court to keep such child in his custody until such time as the custody of the child has been transferred to the department or until a hearing may be held relative to the care and custody of such child.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119 - Protection and Care of Children, and Proceedings Against Them › Section 51e - Reports of Injured Children; Files; Confidentiality; Penalties

Section 51E. The department shall maintain a file of the written reports prepared under this section and sections 51A to 51D, inclusive. These written reports shall be confidential. Upon request and with the approval of the commissioner, copies of written reports of initial investigations may be provided to: (i) the child's parent, guardian, or counsel, (ii) the reporting person or agency, (iii) the appropriate review board, (iv) a child welfare agency of another state for the purpose of assisting that agency in determining whether to approve a prospective foster or adoptive parent, or (v) a social worker assigned to the case. No such report shall be made available to any persons other than those specified in this section without the written and informed consent of the child's parent or guardian, the written approval of the commissioner, or an order of a court of competent jurisdiction. Pursuant to chapter 18C, the child advocate shall have access to these reports.
A child welfare agency of another state may, upon request, and upon the approval of the commissioner, receive a copy of the written report of the initial investigation if the agency has a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect.
The name and all other identifying information relating to any child, or to his parents or guardian, shall be removed from said reports 1 year after the department determines that the allegation of serious physical or emotional injury resulting from abuse or neglect cannot be substantiated, or, if said allegations are substantiated, when the child reaches the age of 18, or 1 year after the date of termination of services to the child or his family, whichever date occurs last; provided, however, that the department may retain information on unsubstantiated reports to assist in future risk and safety assessments of children and families and may release said information to the child welfare agencies of other states upon request of said child welfare agency for the purpose of assisting said child welfare agency in determining whether to approve a prospective foster or adoptive parent.
Any person who permits any information in the files to be released to persons other than those specified in this section shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 21/2 years, or both.