reglab/statecodes huggingface dataset:
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 51f - Central Registry of Information; Confidentiality; Penalties

Section 51F. The department shall maintain a central registry of information sufficient to identify children whose names are reported under sections 51A to 51B. Data and information relating to individual cases in the central registry shall be confidential and shall be made available only with the approval of the commissioner or upon court order; provided, however, that the department, upon request, may release this data and information to 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. The commissioner shall establish rules and regulations governing the availability of such data and information. Pursuant to chapter 18C, the child advocate shall have access to the information in the registry.
A child welfare agency of another state may, upon request, and upon the approval of the commissioner, receive information from the central registry 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 characteristics relating to any child which is contained in the central registry, or to his parents or guardian, shall be removed 1 year after the department determines, after investigation, 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. If the department determines during the initial screening period of an investigation that said report under section 51A is frivolous, or other absolute determination that abuse or neglect has not taken place, then said report shall be declared as ''allegation invalid''. If such reports are declared ''allegation invalid'', the name of the child, or identifying characteristics relating to the child, or the names of his parents or guardian or any other person relevant to the report, shall not be placed in the central registry, nor under any other computerized program utilized in the department. Nothing in this section shall prevent the department from keeping information on unsubstantiated reports to assist in future risk and safety assessments of children and families.
Any person employed in the central registry who permits the data and information stored in the registry to be released without authorization to persons other than those specified in the rules and regulations shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 21/2 years, 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 51g - Severability of Secs. 51a to 51f

Section 51G. Sections fifty-one A to fifty-one F, inclusive, are severable and the invalidity of any of said sections shall not affect the continuing validity of any other of said sections.
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 51h - Protective Alerts; Transport of Child to Another State or Country

Section 51H. Notwithstanding any general or special law to the contrary, the department may send to, or receive from, any other state or country a protective alert containing any information about a child related to a substantiated report of child abuse or neglect if the department reasonably believes that the child has been or will be transported to another state or country.
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 52 - Delinquent Children; Definitions

Section 52. The following words as used in the following sections shall, except as otherwise specifically provided, have the following meanings:
''Court'', a division of the juvenile court department.
''Delinquent child'', a child between 12 and 18 years of age who commits any offense against a law of the commonwealth; provided, however, that such offense shall not include a civil infraction, a violation of any municipal ordinance or town by-law or a first offense of a misdemeanor for which the punishment is a fine, imprisonment in a jail or house of correction for not more than 6 months or both such fine and imprisonment.
''Probation officer'', a probation officer or assistant probation officer of the court having jurisdiction of the pending case.
''Punishment as is provided by law'', any sentence which may be imposed upon an adult by a justice of the district court or superior court.
''Youthful offender'', a person who is subject to an adult or juvenile sentence for having committed, while between the ages of fourteen and 18, an offense against a law of the commonwealth which, if he were an adult, would be punishable by imprisonment in the state prison, and (a) has previously been committed to the department of youth services, or (b) has committed an offense which involves the infliction or threat of serious bodily harm in violation of law, or (c) has committed a violation of paragraph (a), (c) or (d) of section ten or section ten E of chapter two hundred and sixty-nine; provided that, nothing in this clause shall allow for less than the imposition of the mandatory commitment periods provided in section fifty-eight of chapter one hundred and nineteen.
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 53 - Delinquent Children; Liberal Construction; Nature of Proceedings

Section 53. Sections fifty-two to sixty-three, inclusive, shall be liberally construed so that the care, custody and discipline of the children brought before the court shall approximate as nearly as possible that which they should receive from their parents, and that, as far as practicable, they shall be treated, not as criminals, but as children in need of aid, encouragement and guidance. Proceedings against children under said sections shall not be deemed criminal proceedings.
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 54 - Delinquent Children; Complaint; Indictment; Examination of Complainant

Section 54. If complaint is made to any court that a child between 12 and 18 years of age is a delinquent child, said court shall examine, on oath, the complainant and the witnesses, if any, produced by him, and shall reduce the complaint to writing, and cause it to be subscribed by the complainant.
An application for such complaint submitted to the juvenile court by a police department against a child arrested for a felony offense shall be accompanied by an offense-based tracking number. The failure to include the arrestee's offense-based tracking number shall not preclude the issuance of a complaint where there is otherwise a valid application submitted by a police department against a child. If a complaint is issued based on an application for a complaint for a felony submitted by a police department against a child that did not include the child's offense-based tracking number, the prosecutor shall submit the offense-based tracking number of the child to the court to be included in the case file.
The commonwealth may proceed by complaint in juvenile court or in a juvenile session of a district court, as the case may be, or by indictment as provided by chapter two hundred and seventy-seven, if a person is alleged to have committed an offense against a law of the commonwealth while between the ages of fourteen and 18 which, if he were an adult, would be punishable by imprisonment in the state prison, and the person has previously been committed to the department of youth services, or the offense involves the infliction or threat of serious bodily harm in violation of law or the person has committed a violation of paragraph (a), (c) or (d) of section ten or section ten E of chapter two hundred and sixty-nine. The court shall proceed on the complaint or the indictment, as the case may be, in accordance with sections fifty-five to seventy-two, inclusive. Complaints and indictments brought against persons for such offenses, and for other criminal offenses properly joined under Massachusetts Rules of Criminal Procedure 9 (a) (1), shall be brought in accordance with the usual course and manner of criminal proceedings.
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 55 - Delinquent Children; Summoning of Parent or Guardian

Section 55. If a child has been summoned to appear or is brought before such court upon a warrant, as provided in section fifty-four, a summons shall be issued to at least one of its parents, if either of them is known to reside within the commonwealth, and, if there is no such parent, then to its lawful guardian, if there is one known to be so resident, and if not, then to the person with whom such child resides, if known. Said summons shall require the person served to appear at a time and place stated therein, and show cause why such child should not be adjudged a delinquent child and why it is not in such child's best interest that he be removed from his home and whether reasonable efforts were made to prevent or eliminate the need for removal from his home. If there is no such parent, guardian or person who can be summoned as aforesaid, the court may appoint a suitable person to act for such child. A parent, guardian or person with whom such child resides who is summoned to appear before the court to show cause why such child shall not be adjudged a delinquent child by reason of having committed the offense of wilful or malicious destruction or wanton destruction of property, in violation of the provisions of section one hundred and twenty-seven or one hundred and twenty-seven A of chapter two hundred and sixty-six, and who wilfully fails to so appear shall be punished by a fine of not less than two hundred nor more than three hundred dollars.
If such child is summoned, the time for appearance fixed in the summons to a parent, guardian or other person, as herein provided, shall, when practicable, be that fixed for the appearance of said child.
A summons required by this and said section fifty-four, unless service thereof is waived in writing, shall be served by a constable or police officer, by delivering it personally to the person to whom addressed, or by leaving it with a person of proper age to receive the same, at the place of residence or business of such person; and said constable or officer shall immediately make return to the court of the time and manner of the service.
If the court shall be of the opinion that the interests of the child require the attendance at any proceedings of an agent of the department of youth services and shall request such attendance by reasonable notice to the commissioner of youth services, such agent shall attend to protect the 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 55b - Delinquent Children; Plea; Disposition Request; Pretrial Motions

Section 55B. A child who is before the juvenile court on a delinquency complaint or an indictment within the court's jurisdiction shall plead not delinquent, or that he should not be adjudged as a youthful offender, as the case may be. Such plea shall be submitted by the child and acted upon by the court; provided, however, that a child with whom the commonwealth cannot reach agreement for a recommended disposition shall be allowed to tender a plea together with a request for a specific disposition. Such request may include any disposition or dispositional terms within the court's jurisdiction, including, unless otherwise prohibited by law, a disposition request that a finding not be entered, but rather the case be continued without a finding to a specific date thereupon to be dismissed, such continuance conditioned upon compliance with specific terms and conditions or that the child be placed on probation pursuant to the provisions of section 57; provided, however, that a complaint alleging a child to be a delinquent child by reason of having violated the provisions of section 13B, 13B1/2, 13B3/4, section 22A, 22B, 22C or section 23, 23A, 23B or section 50 of chapter 265 shall not be placed on file or continued without a finding. If a plea, with an agreed upon recommendation or with a disposition request by the child, is tendered, the court shall inform the child that it will not impose a disposition that exceeds the terms of the agreed upon recommendation or the disposition request by the child, whichever is applicable, without giving the child the right to withdraw the plea.
Notwithstanding the foregoing requirements, if a child attempts to enter a plea or statement consisting of an admission of facts sufficient for a finding of delinquency or adjudication as a youthful offender, or some similar statement, such admission shall be deemed a tender of plea for purposes of the procedures set forth in this section.
Any pretrial motion filed in a delinquency case or case in which the commonwealth has proceeded by indictment pending in the juvenile court and decided before entry of the child's decision on waiver of the right to jury trial shall not be refiled or reheard thereafter, except in the discretion of the court as substantial justice requires. Any such pretrial motion not filed or filed but not decided prior to entry of the child's decision on waiver of the right to jury trial may be filed thereafter but not later than twenty-one days after entry of said decision on waiver of the right to jury trial, except for good cause shown.
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 57 - Delinquent Children; Investigation by Probation Officer; Record of Performance; Reports

Section 57. Every case of a delinquent child shall be investigated by the probation officer, who shall make a report regarding the character of such child, his school record, home surroundings and the previous complaints against him, if any. In every case involving a child attending a special class authorized by law, he shall secure from the bureau of special education a record of performance of said child. He shall be present in court at the trial of the case, and furnish the court with such information and assistance as shall be required. At the end of the probation period of a child who has been placed on probation, the officer in whose care he has been shall make a report as to his conduct during such period.
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 58b - Delinquent Children; Motor Vehicle Violations; Disposition; Admissibility of Adjudication and Disposition as Evidence in Other Proceedings

Section 58B. If, under the provisions of section fifty-eight, a child is adjudged a delinquent child by reason of having violated any statute, by-law, ordinance or regulation relating to the operation of motor vehicles, the court may place the case on file, or may place the child in the care of a probation officer, or may commit him to the custody of the department of youth services, as provided in section fifty-eight, and may require restitution as provided in section sixty-two; and in addition to or in lieu of such disposition, the court may impose upon such child a fine not exceeding the amount of the fine authorized for the violation of such statute, by-law, ordinance or regulation. Any fine imposed under the authority of this section shall be collected, recovered and paid over in the manner provided by chapters two hundred and seventy-nine and two hundred and eighty; provided, however, that if any child shall neglect, fail or refuse to pay a fine imposed under this section, he may be arrested upon order of the court and brought before the court, which may thereupon place him in the care of a probation officer or commit him to the custody of the department of youth services; but no such child shall be committed to any jail, house of correction, or correctional institution of the commonwealth. The provisions of sections sixty and sixty A shall apply to any case disposed of under this section; provided, however, that the court shall provide the registrar of motor vehicles with an abstract of every such adjudication and disposition, in the manner provided by section twenty-seven of chapter ninety; and provided, further, that such adjudication and disposition shall be admissible as evidence in any proceeding for the revocation or restoration of the child's license or right to operate a motor vehicle and for the cancellation of a motor vehicle insurance policy covering the vehicle operated by such child, and in any action of tort arising out of the negligent operation of a motor vehicle by said child, to the same extent that such evidence would be admissible if said child were an adult.
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 59 - Delinquent Children; Violation of Terms of Probation

Section 59. If a child has been placed in care of a probation officer, said officer, at any time before the final disposition of the case, may arrest such child without a warrant and take him before the court, or the court may issue a warrant for his arrest. When such child is before the court, it may make any disposition of the case which it might have made before said child was placed on probation, or may continue or extend the period of probation.
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 60 - Delinquent Children; Admissibility of Adjudication in Subsequent Proceeding; Disqualification for Public Service

Section 60. An adjudication of any child as a delinquent child under sections fifty-two to fifty-nine, inclusive, or any disposition thereunder of any child so adjudicated, or any evidence given in any case arising against any child under said sections fifty-two to fifty-nine, or any records in cases arising against any child under said sections fifty-two to fifty-nine shall not be received in evidence or used against such child for any purpose in any proceedings in any court except in subsequent delinquency or criminal proceedings against the same person; nor shall such adjudication or disposition or evidence operate to disqualify a child in any future examination, appointment, or application for public service under the government either of the commonwealth or of any political subdivision thereof; provided, however, that adjudication of delinquency by reason of the child having committed an offense against the commonwealth may be used for impeachment purposes in subsequent delinquency or criminal proceedings in the same manner and to the same extent as prior criminal convictions.
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 60a - Inspection of Records in Youthful Offender and Delinquency Cases

Section 60A. The records of a youthful offender proceeding conducted pursuant to an indictment shall be open to public inspection in the same manner and to the same extent as adult criminal court records. All other records of the court in cases of delinquency arising under sections fifty-two to fifty-nine, inclusive, shall be withheld from public inspection except with the consent of a justice of such court; provided, however, that such records shall be open, at all reasonable times, to inspection by the child proceeded against, his parents, guardian or attorney; provided further, that nothing herein shall be construed to provide access to privileged or confidential communications and information; and provided further, that said protections shall be construed to include information and communications entered at the indictment.
Notwithstanding the provisions of this section, the name of a child shall be made available to the public by the probation officer without such consent if the child is: alleged to have committed an offense while between his fourteenth and eighteenth birthdays; and has previously been adjudicated delinquent on at least two occasions for acts which would have been punishable by imprisonment in the state prison if such child had been age 18 or older; and is charged with delinquency by reason of an act which would be punishable by imprisonment in the state prison if such child were age 18 or older.
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 62 - Delinquent Children; Restitution or Reparation by Child to Injured Person

Section 62. If, in adjudging a person a delinquent child, the court finds, as an element of such delinquency, that he has committed an act involving liability in a civil action, and such delinquent child is placed on probation, the court may require, as a condition thereof, that he shall make restitution or reparation to the injured person to such an extent and in such sum as the court determines. If the payment is not made at once, it shall be made to the probation officer, who shall give a receipt therefor, keep a record of the payment, pay the money to said injured person, and keep on file his receipt therefor.
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 63 - Inducing or Abetting Delinquency of Child

Section 63. Any person who shall be found to have caused, induced, abetted, or encouraged or contributed toward the delinquency of a child, or to have acted in any way tending to cause or induce such delinquency, may be punished by a fine of not more than five hundred dollars or by imprisonment of not more than one year, or both. The court may release on probation under section eighty-seven of chapter two hundred and seventy-six, subject to such orders as it may make as to future conduct tending to cause, induce or contribute to such delinquency, or it may suspend sentence under section one of chapter two hundred and seventy-nine, or before trial, with the defendant's consent, it may allow the defendant to enter into a recognizance, in such penal sum as the court may fix, conditioned to comply with such terms as the court may order for the promotion of the future welfare of the child, and the said case may then be placed on file. The provisions for recognizance in section fifty-six shall be applicable to cases arising hereunder. The divisions of the juvenile court department shall, within their respective territorial limits, have exclusive jurisdiction over complaints alleging violations of this section.
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 63a - Delinquent Children; Aiding and Abetting Violation of Juvenile Court Order; Concealing or Harboring Child; Penalties; Defenses

Section 63A. Whoever is 19 years of age or older and: (i) knowingly and willfully aids or abets a child under the age of 18, to violate an order of a juvenile court; or (ii) knowingly and willfully conceals or harbors a child who has taken flight from the custody of the court, a parent, a legal guardian, the department of children and families or the department of youth services shall be punished by a fine of not more than $500 or by imprisonment in the house of correction for not more than 1 year, or by both such fine and imprisonment.
It shall be a defense to a violation of clause (ii) if the defendant concealed or harbored a child in the reasonable good faith belief that the child would be at risk of physical or sexual abuse if the child returned to his custodial residence, unless the defendant concealed or harbored such child with intent to abuse the child or if the defendant committed abuse on that child.
The court may release on probation under section 87 of chapter 276, subject to such orders as it may make as to future conduct tending to cause, induce or contribute to a person's status as a child in need of services or delinquency, or it may suspend sentence under section 1 of chapter 279, or before trial, with the defendant's consent, it may allow the defendant to enter into a recognizance, in such penal sum as the court may fix, conditioned to comply with such terms as the court may order for the promotion of the future welfare of the child, and the case may then be placed on file. The provisions for recognizance in section 56 of chapter 276 shall be applicable to cases arising hereunder.
The divisions of the juvenile court department shall, within their respective territorial limits, have exclusive jurisdiction over complaints alleging a violation of this section.
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 64 - Delinquent Children; Powers of Commissioner of Probation; Annual Report

Section 64. The commissioner of probation may supervise the probation work for delinquent children, and make necessary inquiries in regard to the same, and in his annual report may make such recommendations as he considers advisable for the improvement of methods of dealing with such children.
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 65 - Juvenile Sessions; Presence of Minors; Exclusion of Public

Section 65. Courts shall designate suitable times for the hearing of cases of children under 18 years of age, which shall be called the juvenile session, for which a separate docket and record shall be kept. Said session shall be separate from that for the trial of criminal cases, shall not, except as otherwise expressly provided, be held in conjunction with other business of the court, and shall be held in rooms not used for criminal trials; and in places where no separate juvenile courtroom is provided, hearings, so far as possible, shall be held in chambers. The court shall exclude the general public from juvenile sessions admitting only such persons as may have a direct interest in the case, except in cases where the commonwealth has proceeded by indictment. A complaint under section sixty-three may be heard in such juvenile session.
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 66 - Detention of Child in Police Station; Commitment to Jail, House of Correction or State Farm

Section 66. Except as otherwise provided in section sixty-seven and in section twelve of chapter one hundred and twenty, no child under 18 years of age shall be detained by the police in a lockup, police station or house of detention pending arraignment, examination or trial by the court. No child under 18 years of age shall be committed by the court to a jail or house of correction or to the state farm, pending further examination or trial by the court or pending any continuance of his case or, except as otherwise provided in sections fifty-two through eighty-four upon adjudication as a youthful offender.
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 68a - Diagnostic Study by Department of Youth Services; Report and Recommendations

Section 68A. A child between 12 and 18 years of age, held by the court for further examination, trial or continuance, or for indictment and trial, may at the discretion of the court be referred to the department of youth services, any court clinic, or the department of mental health, with its consent, and with the consent of the parents or guardian, for diagnostic study on an inpatient or outpatient basis; and, upon completion of such study, the department of youth services, court clinic or department of mental health, as the case may be, shall forward a report and recommendations to the court. In default of bail, any such child may be committed by the court to the department of youth services for a period not to exceed thirty days while undergoing diagnostic study. At the expiration of such period, such child shall be returned to the court, together with the report and recommendations to the department of youth services.
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 68b - Special Foster Homes; Detention Homes; Alternate Placements of Child

Section 68B. The department of youth services may use or provide special foster homes and places of temporary custody commonly referred to as detention homes, at various places in the commonwealth which shall be completely separate from any police station, town lockup or jail, and which shall be used solely for the temporary care, custody and study of children committed to the care of the department of youth services. Nothing in this section shall prevent the department from using or providing alternative placements and employing alternative measures which, in its discretion, will reasonably assure the appearance of the children before the court.
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 68c - Diagnostic Services by Department of Youth Services

Section 68C. The department of youth services shall maintain and provide diagnostic services for the purpose of providing the diagnostic studies and making the reports and recommendations provided for under section sixty-eight A, and the department may provide offices and facilities for such diagnostic services, at such places in the commonwealth as will best serve the needs of the several courts.
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 69 - Information and Reports of Superintendents of Schools and Teachers

Section 69. The superintendent of the public schools in any town, any teacher therein, and any person in charge of a private school, or any teacher therein, shall furnish to any court from time to time any information and reports requested by any justice thereof relating to the attendance, conduct and standing of any pupil enrolled in such school, if said pupil is at the time awaiting examination or trial by the court or is under the supervision of the court.
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 69a - Information of Probation Officers, Police and School Authorities

Section 69A. When a person has been committed to the department of youth services, the court, the probation officers, and other public and police authorities, the school authorities, and other public officials shall make available to said department all pertinent information in their possession in respect to the case.
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 70 - Summoning of Parent or Guardian During Case

Section 70. At any time during the pendency of any case before a court or trial justice against a child under 18 years of age, whether pending adjudication or during continuances or probation or after the case has been taken from the files, the court or trial justice may summon any parent or guardian of said child, or any person with whom the child resides, in the manner provided in section fifty-five.
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 71 - Failure to Appear on Summons; Capias

Section 71. If any person to whom a summons is issued under the preceding section or section forty-two or fifty-five fails to appear in response to such summons, the court issuing the summons may issue a capias to compel the attendance of such person, and such capias shall be issued and served in the same manner as a capias to compel the attendance of witnesses who have failed to appear on a subpoena issued in behalf of the commonwealth in a criminal case.
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 72 - Continuance of Jurisdiction of Courts in Juvenile Sessions

Section 72. (a) The divisions of the juvenile court department shall continue to have jurisdiction over children who attain their eighteenth birthday pending final adjudication of their cases, including all remands and retrials following appeals from their cases, or during continuances or probation, or after their cases have been placed on file, or for any other proceeding arising out of their cases. Except as provided in subsection (b), nothing herein shall authorize the commitment of a person to the department of youth services after he has attained his twentieth birthday.
If a child commits an offense prior to his eighteenth birthday, and is not apprehended until between such child's eighteenth and nineteenth birthday, the court shall deal with such child in the same manner as if he has not attained his eighteenth birthday, and all provisions and rights applicable to a child under 18 shall apply to such child.
(b) If the commonwealth has proceeded by indictment, the divisions of the juvenile court department shall continue to have jurisdiction over such persons who attain their eighteenth birthday pending the final adjudication of their cases, including all remands and retrials following appeals from their cases, or pending the determination allowed under section 58, or during continuances or probation, or after their cases have been placed on file, or for any other proceeding arising out of their cases. Nothing herein shall authorize the commitment of a youthful offender to the department of youth services after he has attained his twenty-first birthday.
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 72a - Proceedings Upon Apprehension After Nineteenth Birthday

Section 72A. If a person commits an offense or violation prior to his eighteenth birthday, and is not apprehended until after his nineteenth birthday, the court, after a hearing, shall determine whether there is probable cause to believe that said person committed the offense charged, and shall, in its discretion, either order that the person be discharged, if satisfied that such discharge is consistent with the protection of the public; or, if the court is of the opinion that the interests of the public require that such person be tried for such offense or violation instead of being discharged, the court shall dismiss the delinquency complaint and cause a criminal complaint to be issued. The case shall thereafter proceed according to the usual course of criminal proceedings and in accordance with the provisions of section thirty of chapter two hundred and eighteen and section eighteen of chapter two hundred and seventy-eight. Said hearing shall be held prior to, and separate from, any trial on the merits of the charges alleged.
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 72b - Persons Between the Ages of Fourteen and Eighteen Convicted of Murder; Penalties

Section 72B. If a person is found guilty of murder in the first degree committed on or after his fourteenth birthday and before his eighteenth birthday under the provisions of section one of chapter two hundred and sixty-five, the superior court shall commit the person to such punishment as is provided by law for the offense.
If a person is found guilty of murder in the second degree committed on or after his fourteenth birthday and before his eighteenth birthday under the provisions of section one of chapter two hundred and sixty-five, the superior court shall commit the person to such punishment as is provided by law. Said person shall be eligible for parole under section one hundred and thirty-three A of chapter one hundred and twenty-seven when such person has served fifteen years of said confinement. Thereafter said person shall be subject to the provisions of law governing the granting of parole permits by the parole board.
The superior court shall not suspend the commitment of a person found guilty of murder in the first or second degree, nor shall the provisions of section one hundred and twenty-nine C or one hundred and twenty-nine D of chapter one hundred and twenty-seven apply to such commitment. In all cases where a person is alleged to have violated section one of chapter two hundred and sixty-five, the person shall have the right to an indictment proceeding under section four of chapter two hundred and sixty-three.
A person who is found guilty of murder and is sentenced to a state prison but who has not yet reached his eighteenth birthday shall be held in a youthful offender unit separate from the general population of adult prisoners; provided, however, that such person shall be classified at a facility other than the reception and diagnostic center at the Massachusetts Correctional Institution, Concord, and shall not be held at the Massachusetts Correctional Institution, Cedar Junction, prior to his eighteenth birthday.
The department of correction shall not limit access to programming and treatment including, but not limited to, education, substance abuse, anger management and vocational training for youthful offenders, as defined in section 52, solely because of their crimes or the duration of their incarcerations. If the youthful offender qualifies for placement in a minimum security correctional facility based on objective measures determined by the department, the placement shall not be categorically barred based on a life sentence.
If a defendant is not found guilty of murder in the first or second degree, but is found guilty of a lesser included offense or a criminal offense properly joined under Massachusetts Rules of Criminal Procedure 9 (a) (1), then the superior court shall make its disposition in accordance with section fifty-eight.
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 74 - Limitations on Criminal Proceedings Against Children

Section 74. Except as hereinafter provided and as provided in sections fifty-two to eighty-four, inclusive, no criminal proceeding shall be begun against any person who prior to his eighteenth birthday commits an offense against the laws of the commonwealth or who violates any city ordinance or town by-law, provided, however, that a criminal complaint alleging violation of any city ordinance or town by-law regulating the operation of motor vehicles, which is not capable of being judicially heard and determined as a civil motor vehicle infraction pursuant to the provisions of chapter ninety C may issue against a child between sixteen and 18 years of age without first proceeding against him as a delinquent child.
The juvenile court shall not have jurisdiction over a person who had at the time of the offense attained the age of fourteen but not yet attained the age of 18 who is charged with committing murder in the first or second degree. Complaints and indictments brought against persons for such offenses, and for other criminal offenses properly joined under Massachusetts Rules of Criminal Procedure 9 (a) (1), shall be brought in accordance with the usual course and manner of criminal proceedings.
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 85 - Department Employees Reporting Animal Cruelty, Abuse or Neglect; Immunity From Liability

Section 85. (a) During any investigation or evaluation reported under section 51A, any employee of the department or person employed pursuant to a contract with the department, when acting in his professional capacity or within the scope of his or her employment, who has knowledge of or observes an animal whom he knows or reasonably suspects has been the victim of animal cruelty, abuse or neglect, may report the known or suspected animal cruelty, abuse or neglect to a police officer or a special state police officer appointed pursuant to section 57 of chapter 22C.
(b) The report may be made within 2 working days of receiving the information concerning the animal, by facsimile transmission or a written report or by telephone. In cases where an immediate response may be necessary in order to protect the health and safety of the animal, the report should be made by telephone as soon as possible.
(c) When 2 or more employees of the department are present and jointly have knowledge of known or reasonably suspected animal cruelty, abuse or neglect, and where there is agreement among them, a report may be made by 1 person by mutual agreement. Any reporter who has knowledge that the person designated to report has failed to do so may thereafter make the report.
(d) No person making such report shall be liable in any civil or criminal action by reason of such report if it was made in good faith. Any privilege established by sections 135A and 135B of chapter 112 or by section 20B of chapter 233, relating to confidential communications, shall not prohibit the filing of a report pursuant to this section.
(e) Nothing in this section shall impose a duty on the department to investigate known or reasonably suspected animal cruelty, abuse or neglect.
(f) Nothing in this section shall prevent the department, area office or subdivision from entering into an agreement, contract or memorandum of understanding with the entities that investigate reports of animal cruelty, abuse or neglect as described in section 57 of chapter 22C, to require such reports or to engage in training in identification and reporting of animal abuse, cruelty and neglect.
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 86 - Use of Restraints During Court Proceedings

Section 86. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Juvenile'', (1) a person appearing before a division of the juvenile court department who is (i) subject to a delinquency proceeding, (ii) a child requiring assistance or (iii) a child in a care and protection proceeding or (2) a person under the age of 21 in a youthful offender proceeding.
''Restraints'', a device that limits voluntary physical movement of an individual, including leg irons and shackles, which have been approved by the trial court department.
(b) A juvenile shall not be placed in restraints during court proceedings and any restraints shall be removed prior to the appearance of a juvenile before the court at any stage of a proceeding unless the justice presiding in the courtroom issues an order and makes specific findings on the record that: (i) restraints are necessary because there is reason to believe that a juvenile presents an immediate and credible risk of escape that cannot be curtailed by other means; (ii) a juvenile poses a threat to the juvenile's own safety or to the safety of others; or (iii) restraints are reasonably necessary to maintain order in the courtroom.
(c) The court officer charged with custody of a juvenile shall report any security concern to the presiding justice. On the issue of courtroom or courthouse security, the presiding justice may receive information from the court officer charged with custody of a juvenile, a probation officer or any other source determined by the court to be credible.
The authority to use restraints shall reside solely within the discretion of the presiding justice at the time that a juvenile appears before the court. A juvenile court justice shall not impose a blanket policy to maintain restraints on all juveniles or a specific category of juveniles who appear before the court.
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 87 - Placement of Juvenile in Secure Detention Facility or Secure Correctional Facility or in Any Institution in Which Juvenile Has Contact With Adult Inmates

Section 87. (a) The department of youth services and the department of correction shall not place in a secure detention facility or secure correctional facility any juvenile who has: (1) been charged with or who has committed an offense that would not be criminal if committed by an adult, except juveniles who are held in accordance with the interstate compact on juveniles, as enacted by the commonwealth; (2) not been charged with any offense; or (3) been alleged to be dependent on the court, neglected or abused.
(b) The department of youth services and the department of correction shall not detain or confine any juvenile identified subsection (a) or any juvenile alleged to be or found to be delinquent in any institution in which they have contact with adult inmates; and shall require that individuals employed by the department of youth services or the department of corrections who work with both juveniles and adult inmates be trained and certified to work with juveniles by the department of youth services.
The department of youth services and the department of correction shall promulgate regulations and policies for the implementation, administration and enforcement of this section and maintain adequate records to ensure compliance with this section.