reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18c - Office of the Child Advocate › Section 2 - Office of the Child Advocate; Duties

Section 2. There shall be an office of the child advocate which shall be independent of any supervision or control by any executive agency. The office shall:
(a) ensure that children involved with an executive agency, in particular, children served by the child welfare or juvenile justice systems, receive timely, safe and effective services;
(b) ensure that children placed in the care of the commonwealth or receiving services under the supervision of an executive agency in any public or private facility shall receive humane and dignified treatment at all times, with full respect for the child's personal dignity, right to privacy, and right to a free and appropriate education in accordance with state and federal law;
(c) examine, on a system-wide basis, the care and services that executive agencies provide children;
(d) advise the public and those at the highest levels of state government about how the commonwealth may improve its services to and for children and their families; and
(e) impose temporary cost share agreements, as necessary pursuant to section 16R of chapter 6A to ensure children's timely access to services.
The office shall act to investigate and ensure that the highest quality of services and supports are provided to safeguard the health, safety and well-being of all children receiving services. The office shall examine systemic issues related to the provision of services to children and provide recommendations to improve the quality of those services in order to give each child the opportunity to live a full and productive life.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18c - Office of the Child Advocate › Section 4 - Child Advocate Advisory Board; Duties and Salary of Child Advocate

Section 4. There shall be a 25–member child advocate advisory council. The advisory council shall consist of the child advocate, who shall serve as chair, the secretary of health and human services, the secretary of public safety and security, the secretary of education, the commissioner of the department of criminal justice information services, the undersecretary of criminal justice from the executive office of public safety and security, the commissioner of early education and care, the commissioner of elementary and secondary education, the commissioner of mental health, the commissioner of developmental services, the commissioner of public health, the commissioner of children and families, the commissioner for the deaf and hard of hearing, the commissioner for the blind, the commissioner of transitional assistance, the commissioner of youth services, the deputy commissioner of the child support enforcement division within the department of revenue, the president of the Massachusetts District Attorneys Association, the commissioner of probation, the chief counsel of the committee for public counsel services, the chief justice of the superior court department, the chief justice of the juvenile court department, the chief justice of the probate and family court department, the executive director of the child abuse prevention board, and 3 persons appointed by the governor.
The child advocate shall meet with the advisory council at least annually and shall present to the advisory council the annual goals of the office and its plans for monitoring the work, including the continuing quality improvement, of the child service agencies and the identification of any critical gaps and issues relating to interagency collaboration. The child advocate may consult with or request the assistance of members of the advisory council with respect to the duties and responsibilities of the office; provided however, that any request for assistance shall not place requirements on any member of the council to fulfill the request.
The advisory council shall annually set the salary of the child advocate; provided, however, that such salary shall not exceed 90 per cent of the salary of the chief justice of the supreme judicial court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18c - Office of the Child Advocate › Section 6 - Access to Facilities and Records; Release of Information

Section 6. The child advocate or his designee shall have access at any and all reasonable times to any facility, residence, program, or portion thereof, that is operated, licensed or funded by an executive agency, and shall have unrestricted access to all electronic information systems records, reports, materials and employees in order to better understand the needs of children in the custody of the commonwealth or who are receiving services from an executive agency. The child advocate shall have access to relevant records held by the clerk of the juvenile court and the clerk of the probate and family court, including the right to inspect and copy, without cost. The child advocate shall be bound by any limitations on the use or release of information imposed by law upon the party furnishing such information, except as provided in subsection (e) of section 12.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18c - Office of the Child Advocate › Section 7 - Witnesses; Documents; Subpoenas

Section 7. The child advocate may request the attendance and testimony of witnesses and the production of documents, papers, books, records, reports, reviews, recommendations, correspondence, data and other evidence that the child advocate reasonably believes is relevant. If a request is denied, the child advocate shall have the power to issue a subpoena for witnesses and the production of documents and any other data and evidence that the child advocate reasonably believes is relevant.
If any person to whom a subpoena is issued fails to appear or, having appeared, refuses to give testimony or fails to produce the evidence required, the child advocate may apply to the Suffolk county superior court to issue an order to compel the testimony and production of documents of any such witnesses. A failure to obey the order may be punished as contempt.
The district attorney may seek injunctive relief in Suffolk county superior court to defer a subpoena issued by the child advocate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18c - Office of the Child Advocate › Section 8 - Discrimination or Retaliation; Penalties

Section 8. No discriminatory or retaliatory action shall be taken against any person who communicates with or provides information to the office. Any person who knowingly or willfully discriminates or retaliates against such a person shall be liable to such person for treble damages, costs and attorney's fees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18c - Office of the Child Advocate › Section 9 - Procedures for Performance of Duties; Rules and Regulations

Section 9. The child advocate shall develop internal procedures appropriate for the effective performance of his duties.
The child advocate may, subject to chapter 30A, adopt, amend or repeal such rules and regulations as are deemed necessary to carry out the functions of the office.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18c - Office of the Child Advocate › Section 10 - Annual Report

Section 10. The child advocate shall report annually to the governor, the president of the senate, the speaker of the house, the senate and the house committees on ways and means, and the chairs of the joint committee on children, families and persons with disabilities on the activities of the office, including an analysis of the delivery of service to children, activities undertaken to implement subsection (d) of section 5, recommendations for changes in agency procedures which would enable the commonwealth to better provide services to and for children and their families and priorities for implementation of those changes to services. The report shall be made public.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18c - Office of the Child Advocate › Section 10a - Annual Reporting of Recommendations for Decreasing and Eliminating Number of Children and Adolescents Awaiting Clinically-Appropriate Behavioral Health Services

Section 10A. Annually, not later than April 1, the child advocate shall file a report making recommendations for decreasing and eliminating the number of children and adolescents awaiting clinically-appropriate behavioral health services. The report shall include a review of the data included on the online portal established pursuant to section 16P of chapter 6A and the report submitted to the child advocate in accordance with subsection (f) of said section 16P of said chapter 6A. The child advocate's report shall be submitted to the governor, the children's behavioral health advisory committee established in section 16Q of said chapter 6A, the clerks of the senate and the house of representatives, the joint committee on health care financing, the joint committee on mental health, substance use and recovery, the joint committee on children, families and persons with disabilities and the senate and house committees on ways and means.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18c - Office of the Child Advocate › Section 11 - Examination of Systemwide Responses to Child Abuse and Neglect

Section 11. The child advocate, in consultation with the advisory council, may from time to time, examine systemwide responses to child abuse and neglect, including related mental health, substance use and domestic violence issues, and shall file a report on any such examination with the governor, the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on children, families and persons with disabilities. The child advocate's examination may include, without limitation, racial disproportionality and disparity, truancy and runaways, mandated reporting, screening of child abuse and neglect reports, social worker qualifications and caseloads, law enforcement involvement, health service needs, including behavioral health needs, of children at risk, criminal offender record information reviews, administrative and cost requirements, federal funding for child welfare purposes and the effectiveness of child abuse laws. The child advocate may seek advice broadly from individuals with expertise in child welfare in preparing a report under this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18c - Office of the Child Advocate › Section 12 - Information and Records; Confidentiality; Subpoena and Discovery; Public Disclosure; Investigation of Critical Incidents

Section 12. The following provisions apply to information and records obtained, reviewed or maintained by the child advocate:
(a) Notwithstanding chapter 66A, section 70 of chapter 111, section 11 of chapter 111B, section 18 of chapter 111E, sections 51E and 51F of chapter 119, chapter 112, chapter 123, or sections 20B, 20J, or 20K of chapter 233 to the contrary, the disclosure of information to the office of the child advocate pursuant to this chapter shall not be prohibited. Any information considered to be confidential under the aforementioned sections shall be submitted for the child advocate's review upon the determination of the child advocate that the review of said information is necessary. The child advocate shall ensure that no information submitted for his review is disseminated to parties outside the office, except when disclosure may be necessary to enable the child advocate to perform the child advocate's duties. Under no circumstances shall the child advocate or any employee of the office violate the confidentiality provisions set forth in the aforementioned statutes, except as authorized under subsection (e).
(b) Any and all information and records acquired by the child advocate in the exercise of the office's purpose and duties under this chapter shall be confidential and exempt from disclosure under chapter 66 and clause Twenty-sixth of section 7 of chapter 4.
(c) Information, documents and records of the child advocate and his office shall not be subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding; provided, however, that information, documents and records otherwise available from any other source shall not be immune from subpoena, discovery or introduction into evidence through these sources solely because they were presented during the child advocate's investigation or maintained by the office of the child advocate.
(d) Statistical compilations of data which do not contain any information that would permit the identification of any person may be disclosed to the public.
(e) The restrictions of this section shall not preclude the child advocate from sharing with the governor, the attorney general, a district attorney, a secretary, an agency commissioner or other agency personnel, or the chairs of the joint committee on children, families and persons with disabilities, the report of, or the results of, a critical incident investigation involving that agency. Any executive or legislative branch employees who receive or read such a document shall be bound by the confidentiality requirements of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18c - Office of the Child Advocate › Section 13 - Personal Liability for Civil Damages

Section 13. No person employed by or contracted by or volunteering for the office shall be subject to suit directly, derivatively or by way of contribution or indemnification for any civil damages under the laws of the commonwealth resulting from any act or omission performed during or in connection with the discharge of his duties within the scope of his employment or appointment, unless such act or failure to act was committed with gross negligence, maliciously, or in bad faith.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18c - Office of the Child Advocate › Section 14 - Childhood Trauma Task Force

Section 14. The office shall convene a childhood trauma task force made up of members of the juvenile justice policy and data board established pursuant to section 89 of chapter 119 to study, report and make recommendations on gender responsive and trauma-informed approaches to treatment services for juveniles and youthful offenders in the juvenile justice system. Said task force shall review the current means of (i) identifying school-aged children who have experienced trauma, particularly undiagnosed trauma, and (ii) providing services to help children recover from the psychological damage caused by such exposure to violence, crime or maltreatment. The task force shall consider the feasibility of providing school-based trainings on early, trauma-focused interventions, trauma-informed screenings and assessments, and the recognition of reactions to victimization, as well as the necessity for diagnostic tools. A priority shall be placed on juvenile or youthful offender's pathways into the juvenile justice system with the goal of reducing the likelihood of recidivism by addressing the unique issues associated with juvenile or youthful offenders including emotional abuse, physical abuse, sexual abuse, emotional neglect, physical neglect, family violence, household substance abuse, household mental illness, parental absence, and household member incarceration.
The childhood trauma task force shall annually report its findings and recommendations by December 31 to the governor, the house and senate chairs of the joint committee on the judiciary, the house and senate chairs of the joint committee on public safety and homeland security and the chief justice of the trial court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 2 - Commissioner; Appointment; Qualifications; Appointments by Commissioner; Report; Salary

Section 2. The secretary of health and human services shall appoint, with the approval of the governor, a commissioner of mental health who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor.
Such commissioner shall have such educational qualifications and such administrative and other experience, including education or experience in a field related to human services, as the secretary of health and human services determines are necessary for the performance of the duties of the commissioner.
The commissioner shall appoint and may remove such agents and subordinate officers as the commissioner may deem necessary, and may establish such divisions or regional management systems in the department as the commissioner deems appropriate from time to time. Except as otherwise provided by law all offices and positions shall be subject to the provisions of chapter thirty-one; provided, however, the provisions of chapter thirty-one shall not apply to physicians and psychiatrists with full medical-psychiatric responsibility as opposed to administrative responsibility, to community mental health area directors appointed under the provisions of section thirteen, to nurses employed as such by the department, or to attorneys acting as legal counsel; and provided further, however, and notwithstanding the preceding provision or any other provision of law, all offices and positions which as a condition of receiving federal grants for programs and activities to which the federal standards for a merit system of personnel administration relate and make necessary the application of the provisions of the civil service law, shall be subject to the provisions of chapter thirty-one if such federal standards are uniform in all states.
At the end of each fiscal year, the commissioner shall make an annual report of the activities of the department, and of each facility, clinic, or unit under its control, the cost of operating the same, the initiation of new programs, and the progress made in providing services and facilities for mental health in the commonwealth.
The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty.
Prior to undertaking any activity or implementing any policy which would affect expenditures for medical assistance under chapter one hundred and eighteen E, involving the delivery of services reimbursable under said chapter, certification and licensure of providers of services under said chapter, or identifying individuals eligible for such assistance under said chapter, the commissioner shall assure that such activity or policy is reviewed by the commissioner of medical assistance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 3 - Deputy Commissioner; Appointment; Duties; Qualifications

Section 3. The commissioner shall appoint, with the approval of the secretary of health and human services, a person qualified to serve as deputy commissioner of mental health. Said deputy commissioner shall perform such duties as the commissioner may determine and shall, in the case of a vacancy in the office of the commissioner, and during said commissioner's absence or disability, exercise the powers and perform the duties of the office of the commissioner. Said deputy commissioner may be allowed such professional affiliations as the commissioner approves, subject to the provisions of chapter two hundred and sixty-eight A.
The deputy commissioner shall have such educational qualifications and such administrative and other experience, including education or experience in a field related to human services, as the commissioner determines are necessary for the performance of the duties of the deputy commissioner. The commissioner or a deputy commissioner shall be a diplomate in psychiatry of the American Board of Psychiatry and Neurology, Inc.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 4 - Assistant, Deputy or Associate Commissioners; Appointment; Duties; Qualifications

Section 4. The commissioner shall appoint, subject to appropriation, such other assistant, deputy or associate commissioners as the commissioner may determine to be necessary or desirable to carry out the work of the department. Assistant, deputy and associate commissioners shall be assigned areas of responsibility to be specified by the commissioner. At the time of appointment, they shall possess such qualifications as the commissioner shall determine. Persons appointed to such positions shall serve at the pleasure of the commissioner. Chapter thirty-one and section nine A of chapter thirty shall not apply to said positions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 5 - Legal Counsel

Section 5. The commissioner shall appoint a member of the Massachusetts bar to serve as legal counsel to the commissioner. Such legal counsel shall devote full time to his duties. Such legal counsel shall have been a member of the bar for not less than six years and shall have been actively engaged in the practice of law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 6 - Program for Training of Residents in Psychiatry and Other Professional Disciplines

Section 6. The commissioner may establish a program for the training of residents in psychiatry and any other professional disciplines as required by departmental programs. Such residents shall be eligible for training grants from the commonwealth. Recipients of said grants shall be exempt from the provisions of chapter thirty-one and shall not be deemed employees of the commonwealth; provided, however, that such recipients shall be deemed public employees under chapter two hundred and fifty-eight. Such grants shall not be deemed income under chapter sixty-two. Approval of such training programs by the personnel administrator shall be required in accordance with the provisions of section twenty-eight of chapter seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 7 - State Facilities Under Department Control; Admission

Section 7. The state facilities under the control of the department shall be such state hospitals, mental health centers and other mental health facilities as the commissioner from time to time shall designate in the regulations of the department, including any facilities or portions thereof which the department may, subject to appropriation, construct or develop for use as homes or facilities for aging persons who are not mentally ill. Admissions of patients to said facilities or homes for aging persons shall be voluntary and not by commitment and said facilities or homes, although under the supervision and control of said department, shall be deemed to be public medical institutions within the meaning of section two of chapter one hundred and eighteen E.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 8 - Superintendents or Directors; Vacancies; Appointments; Qualifications; Officers

Section 8. When a vacancy occurs in the positions of superintendent of a state hospital of the department or director of any other mental health facility of the department, the commissioner shall appoint to such a vacancy a person who has such educational qualifications and such administrative and other experience, including education or experience in the care, treatment or education of the mentally ill, as the commissioner determines are necessary for the performance of the duties of superintendent or director.
The superintendent with the approval of the commissioner shall appoint and may remove a treasurer and assistant treasurer in each state hospital, each of whom shall give bond for the faithful performance of this duties. The provisions of section forty-nine of chapter thirty-one shall apply to the appointment of such treasurers and assistant treasurers. The superintendent with the approval of the commissioner shall appoint and may remove assistant physicians and necessary subordinate officers and other persons. The superintendent may require that a physician who is to be so appointed be certified as to his qualifications by one of the physicians' specialty boards approved by the Council on Medical Education and Hospitals of the American Medical Association.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 8a - Boards of Trustees for Taunton State Hospital and Worcester Recovery Center and Hospital

Section 8A. The governor shall appoint a board of trustees for the Taunton state hospital and for the Worcester recovery center and hospital. A majority of the members of each such board of trustees shall be consumers and their guardians or family members. Said board shall visit and familiarize itself with its state hospital, and may from time to time make suggestions to the department as to improvements therein, especially such as will make the administration thereof more effective, economical and humane. Said board shall serve without compensation, but each member shall be reimbursed by the commonwealth for all expenses incurred in the performance of his duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 10 - Crimes Committed by or Upon Persons on Facility Premises or Persons in Care of Facility

Section 10. The superintendent of any state hospital or the director of any mental health facility of the department, who has reason to believe that a crime which is punishable by imprisonment in the state prison has been committed by or upon any person on the premises of the particular facility or by or upon any person in the care of the particular facility but not on the premises thereof, shall, no later than one week from the date of the commission of such crime, report the same to the district attorney of the district within which the crime was committed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 11 - Mental Health Advisory Council

Section 11. There shall be a mental health advisory council consisting of fifteen persons to be appointed by the secretary of health and human services, with the approval of the governor, eight of whom shall be members of community mental health area boards, and of the remaining seven, one shall be a professional in the field of children's mental health and at least four shall be appointed to represent one of the following professions and groups: state level medical, psychological, nursing, educational, social work, occupational therapy, or bar associations, associations for mental health, industrial and labor groups and the clergy. Upon the expiration of the term of office of any member, his successor shall be appointed for a term of three years. No member shall be appointed to serve more than two consecutive three-year terms. The councils shall elect a chairman annually. The council shall serve without compensation, but each member shall be reimbursed by the commonwealth for all expenses incurred in the performance of his official duties.
Said advisory council shall have the following duties:
(a) It shall advise the commissioner on policy, program development, and priorities of need in the commonwealth for comprehensive programs in mental health;
(b) It shall participate with the department in holding a regular series of public hearings throughout the commonwealth to obtain the views of the area boards and other citizens concerning the programs of the department and the needs of the people for mental health services;
(c) It shall review the annual plans and the proposed annual budget of the department, and shall make recommendations to the commissioner in regard thereto;
(d) It shall hold at least three meetings per year and shall convene special meetings at the call of the chairman of the council, a majority of the council, or the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 11a - Disclosure of Financial Interest in Department Contracts by Human Rights Advisory Committee Members

Section 11A. Nothing in section 7 of chapter 268A shall prevent a person who has a financial interest, directly or indirectly, in a contract made by the department of mental health from serving as a member of the department's human rights advisory committee. Members of such committee shall disclose their financial interest, if any, in a department contract by notifying in writing the commissioner and the state ethics commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 12 - Community Mental Health Services

Section 12. The department shall establish a comprehensive program of community mental health services which shall include state hospitals, clinics, comprehensive centers and other facilities of the department, and to promote such programs the department shall divide the commonwealth into service areas for the conduct of said mental health services, and shall establish standards for the development of said community programs.
Each area shall be drawn so as to include and to allow for the development of mental health services and facilities, as needed, which shall be readily accessible to the people in the area, taking into consideration such factors as geographic boundaries, roads and other means of transportation, population concentration, city, town and county lines, other relevant community services, and community economic and social relationships.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 13 - Community Mental Health Area Directors

Section 13. The commissioner shall, after consultation with the area board, appoint in each community mental health area an area director. Such area director shall have such educational qualifications and such administrative and other experience, including education or experience in a field related to human services, as the commissioner determines are necessary for the performance of the duties of area director.
The area director shall perform such duties as are described in this chapter and any other law and such other duties as are assigned by the department.
Where there is established within the area a comprehensive center operated by the department and designated as a comprehensive center by the commissioner, the area director may also serve by appointment of the commissioner as head of such center. The area board shall also serve as the citizen board for such center and no other board shall be formed or designated for such center. The area director, subject to departmental regulations, shall supervise all employees within such center.
Salaries for area directors shall be fixed under and in accordance with sections forty-five to fifty, inclusive, of chapter thirty, taking into account those individual cases where an area director is also superintendent of a state hospital or a comprehensive center.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 14 - Community Mental Health Area Boards

Section 14. In each area established under section twelve there shall be a community mental health area board, hereinafter called the area board, which shall be an agency of the commonwealth, and shall serve in the department. The area board shall consist of not fewer than 15 members, who shall be appointed by the commissioner. Two thirds of the members shall live within the area for which they are appointed, and the remaining members shall either live or work within said area. The commissioner shall seek to provide proper geographical representation in the membership of the board.
Two thirds of such members shall be persons other than employees of the commonwealth. No member shall be an employee of the department.
Upon the expiration of the term of any member of the area board, a successor shall be appointed, in like manner, for a term of three years. In the event of vacancy, the commissioner may, in like manner, appoint a member who shall serve for the remainder of the unexpired term. Members of the board shall serve without compensation, and shall be sworn to the faithful performance of their duties. The area board shall suggest for consideration by the commissioner one or more names for each such expiring term or vacancy. No member shall be appointed for more than two consecutive three-year terms.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 15 - Duties and Powers of Area Boards

Section 15. The area board shall have the following duties and powers:
(a) to act as the representative of the citizens of the area;
(b) to advise regarding local needs and resources in the development of comprehensive mental health services;
(c) to advise in the recruitment and selection of the area director to be appointed by the commissioner, provided that, where the area director will also be an executive head of a facility which is integrated with a university medical center or medical school or with a hospital, the university, medical school, or hospital authorities shall advise in the recruitment and selection of such director; provided, that the commissioner may designate a person to act as area director in any case in which such office shall be vacant;
(d) to review and make recommendations concerning the annual budget for the comprehensive mental health services of the area;
(e) to review programs and services which are a part of the program of the area but which are not conducted within commonwealth-operated facilities;
(f) to consult with the commissioner in personnel recruitment and appointment policies, in the establishment of program priorities for the area, in admission policies for all facilities and services, and in policies regarding relationships with other agencies and organizations;
(g) to communicate with the mental health advisory council, established under section eleven, to discuss any matters concerning the area program;
(h) to receive and administer any gift or bequest of personal property or funds in trust or any grant or devise of lands made to its use in trust in the interest of the area program of mental health services, or for any special purpose as indicated in the gift or grant in trust, and may invest the proceeds thereof in notes, bonds or property secured by sufficient mortgages;
(i) to hold regular meetings in each year and to convene special meetings on the call of the president, or ten members of the board, or the area director, or the commissioner. The area director shall be notified of, and may participate in, all meetings, but shall not vote;
(j) to elect from their members annually a president and such other officers as they deem appropriate. The area board shall adopt rules for its proper organization and for procedures at meetings. Such rules and any subsequent amendments thereto shall be submitted to the commissioner for approval.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 16a - Program to Provide Remote Mental Health Consultations

Section 16A. (a) Subject to appropriation, the department shall operate a statewide program to provide remote mental health consultations available for a at least 5 days a week to pediatricians, family physicians, nurse practitioners and primary care practices for persons under the age of 19 who exhibit a possible mental health or substance use disorder and to health care providers of women who are presenting with signs of postpartum depression.
(b) Expenditures on the program by the department that are related to services provided on behalf of commercially-insured clients shall be assessed by the commissioner on surcharge payors as defined in section 64 of chapter 118E.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 20 - Mental Health Facility Employees; Civil Service Exemption

Section 20. Stationary engineers, steam firemen, school teachers and head farmers employed in mental health facilities of the department and, except as otherwise provided by the civil service law and rules, the classified labor service of the department, shall be exempt from chapter thirty-one; provided, however, that whenever, as a condition of receiving federal grants for programs and activities to which the federal standards for a merit system of personnel administration relate, federal requirements make necessary the application of the civil service law and rules to any such position, or to the classified labor service or any portion thereof, said positions or service shall be subject to chapter thirty-one; provided, further, such federal requirements are uniform in all states.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 21 - Interagency Agreements With Developmental Services Department

Section 21. Subject to approval by the secretary of health and human services, the commissioner may enter into interagency agreements with the commissioner of developmental services for the coordinated regulation of or for the coordinated or joint management of certain services that are required or that must be provided by both the department of developmental services and the department of mental health. Such agreements may be entered where it is determined by the commissioners of said departments that the services require coordinated regulation to ensure development of substantially similar standards consistent with certain shared needs of mentally ill and persons with an intellectual disability or that the services will be more efficiently and effectively provided by a single, unified management system than by two separate management systems. Such services may include, without limitation, transportation, laundry, data processing, certain services to mixed populations of mentally ill and mentally retarded individuals with common needs for care and treatment or to individuals who are diagnosed as both persons with an intellectual disability and mentally ill, research activities and program monitoring. Coordinated regulation of such services may include, without limitation, such issues as restraint, charges for care, investigations and case management. Pursuant to such agreements the department of mental health may assume responsibility for the provision of such services to the department of developmental services. Such agreements may delegate responsibility to the department of developmental services to provide such services for the department of mental health. Such agreements may provide for the expenditure of appropriated funds consistent with such joint management service systems and may further provide for assignment of certain staff to such joint management service systems. Such agreements shall not, however, conflict with the department of developmental services' primary responsibility for persons with an intellectual disability regardless of whether such persons are also mentally ill.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 22 - Consultation of Commissioner for Behavioral Health Services for Children

Section 22. The commissioner of mental health shall be consulted on the design and implementation of the commonwealth's behavioral health services for children, under guidelines established by the secretary of health and human services under section 16S of chapter 6A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 23 - Children's Behavioral Research Center; Powers and Duties; Annual Report

Section 23. There shall be, within the department of mental health, a children's behavioral health research center, the primary mission of which shall be to ensure that the workforce of clinicians and direct care staff providing children's behavioral health services are highly skilled and well trained, the services provided to children in the commonwealth are cost-effective and evidence-based, and that the commonwealth continues to develop and evaluate new models of service delivery. Subject to appropriation, the center shall conduct activities as the commissioner may direct in furtherance of its primary mission, which may include: (i) collecting quarterly data from state agencies, the juvenile court, the commissioner of probation, service providers and insurance providers relative to children's behavioral health services; (ii) researching the best practices for the identification and treatment of children's behavioral health needs; (iii) evaluating the demand for and the availability, cost and quality of, children's behavioral health services provided by the commonwealth; (iv) publishing annual progress reports, including the estimated costs and benefits of implementing new programs or practices, the status of racial and ethnic disparities, and the capacity of the behavioral health system to meet clinically appropriate inpatient, residential and community-based service demands; and (v) providing information on a regular basis to the children's behavioral health advisory council, established by section 16Q of chapter 6A.
The center shall publish an annual report including: (i) narrative and statistical information about service demand, delivery and cost, and identified service gaps during the prior year; (ii) the effectiveness of the services delivered during the prior year; and (iii) review of research analyzed or conducted during the prior year. The center shall submit the annual report by February 1st to the governor, the children's behavioral health advisory council, the child advocate and the general court, by filing it with the clerks of the senate and the house of representatives, the joint committee on mental health and substance abuse, the joint committee on children, families and persons with disabilities, the joint committee on health care financing and the senate and the house committees on ways and means.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19 - Department of Mental Health › Section 24 - Notification of Parent or Guardian of Child Receiving Inpatient Psychiatric Services

Section 24. If the department is notified that a child who is eligible for department services is receiving inpatient psychiatric services, the department shall contact the child's parents or guardians and a member of the child's treatment team within 3 business days of being so notified, shall maintain weekly contact with them until the child is discharged, and shall, with the consent of the child's parent or guardian, immediately begin discharge planning, with the priority of returning the child to his home or to a community placement. Not later than 5 business days after being notified that continued hospitalization is no longer clinically appropriate, the department shall determine the appropriate type of placement for the child and, with the consent of the child's parent or guardian, shall immediately initiate the placement referrals. The department shall document its activities in assisting with discharge placement, including identification of available resources for home-based, community or alternative residential placements, and the barriers, if any, to discharge to the most clinically-appropriate setting. If the initial placement shall not be deemed to be the most clinically appropriate, the department shall continue to seek an appropriate placement. Not longer than 30 days after being notified that continued hospitalization is no longer clinically appropriate, the department shall refer the child to the interagency team established pursuant to section 16R of chapter 6A. The department shall submit a monthly report to the secretary of health and human services detailing the activities undertaken pursuant to this section, including the length of time required to place each such child in a clinically-appropriate, post-discharge setting.