reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119a - Child Support Enforcement › Section 1 - Child Support Enforcement Program; Public Policy; Remedies; Commission Established; Department of Revenue as Iv&ndash;d Agency

Section 1. It is the public policy of the commonwealth that dependent children shall be maintained, as completely as possible, from the resources of their parents, thereby relieving or avoiding, at least in part, the burden borne by the citizens of the commonwealth. It is hereby declared to be against the public policy of the commonwealth for a court of competent jurisdiction to enforce an agreement between parents if enforcement of the agreement prevents an adjustment or modification of a child support obligation when such adjustment or modification is required to ensure that the allocation of parental resources continues to be fair and reasonable and in the best interests of the child. The existing remedies pertaining to the support of dependent children are to be augmented by the additional remedies provided in this chapter so as to establish a comprehensive and effective child support enforcement program through expedited processes for obtaining, modifying and enforcing child support orders, including orders for health care coverage, and establishing paternity. This chapter shall be liberally construed to effectuate the policy stated herein.
There is hereby established within the executive office for administration and finance, the child support enforcement commission. Said commission shall consist of six members who shall be the secretary of the executive office for administration and finance who shall serve as chairman, the commissioner of revenue, the attorney general, the chief justice of the trial court, the commissioner of public welfare and a district attorney who shall be designated by the governor. Said commission shall monitor the child support enforcement system of the commonwealth and shall, from time to time, advise the IV–D agency and other agencies of the commonwealth, including the appropriate divisions of the trial court department, in matters for the improvement of the child support enforcement system of the commonwealth.
The department of revenue shall be the single state agency within the commonwealth that is designated the IV–D agency pursuant to Title IV, Part D of the Social Security Act and hereinafter in this chapter shall be referred to as the IV–D agency. The commissioner of revenue shall establish a division of child support enforcement which shall be provided, subject to appropriation, with such resources as may be necessary to implement the provisions of this chapter. Nothing in this chapter shall be construed to limit the authority of the commissioner to delegate to the IV–D agency any child support enforcement powers or duties assigned to him under any provision of law. Said commissioner may promulgate regulations for the effective administration of the child support enforcement program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119a - Child Support Enforcement › Section 2a - Intimidation of Officers or Employees; Obstruction; Penalties

Section 2A. Whoever willfully corrupts or by force or threats of force, including any threatening letter or communication, attempts to intimidate or impede an officer or employee of the commonwealth acting in an official capacity under this chapter, or in any other way corrupts or by force or threats of force, including any threatening letter or communication, obstructs or impedes, or attempts to obstruct or impede, the due administration of this chapter, shall, upon conviction thereof, be punished by a fine of not more than five thousand dollars, or by imprisonment for not more than three years, or both; provided, however, if the offense is committed only by threats of force, the person convicted thereof shall be punished by a fine of not more than three thousand dollars or by imprisonment for not more than one year, or both. The term ''threats of force'', as used in this subsection, shall mean threats of bodily harm to the officer or employee of the commonwealth or to a member of his family.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119a - Child Support Enforcement › Section 3a - Establishment of Paternity; Genetic Marker Tests

Section 3A. In any case requiring the establishment of paternity, the IV–D agency may, on the basis of an affidavit by the mother or the putative father alleging that sexual intercourse between the mother and putative father occurred during the probable period of conception and without the necessity of obtaining an order from a court, order the mother, the child and the putative father to submit to genetic marker tests; provided, however, that the IV–D agency may order such tests only if no other man is presumed to be the father under section 6 of chapter 209C. Notice of the order shall be served on the obligor and individual obligee in accordance with rule 4(d)(2) of the Massachusetts Rules of Domestic Relations Procedure. Upon receipt of the results of the genetic marker tests, the IV–D agency may provide the parties with an opportunity to voluntarily acknowledge parentage pursuant to chapter 209C. If the parties do not voluntarily acknowledge parentage as provided in chapter 209C, the IV–D agency may commence an action to establish paternity pursuant to chapter 209C. If any party fails to appear for or refuses to submit to genetic marker tests in accordance with the order of the IV–D agency, or if any party contests the jurisdiction of the IV–D agency to issue the order for genetic marker tests, the IV–D agency shall commence an action to establish paternity pursuant to chapter 209C.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119a - Child Support Enforcement › Section 7 - Entry of Support Order in Other Jurisdiction

Section 7. (a) If the IV–D agency is providing services to an obligee or to an obligor, it may enforce an income withholding order or a qualified domestic relations order pursuant to the Employee Retirement Income Security Act, 29 USC 1056, by sending notice of the withholding or qualified domestic relations order to the child support enforcement agency of the jurisdiction in which the obligor derives income, or directly to the obligor's employer or other source of income in that jurisdiction. The notice may be transmitted by any method including, but not limited to, paper, facsimile, magnetic tape or other electronic means. The notice shall be accompanied by a certification by the IV–D agency that the information contained in the notice accurately reflects its records.
(b) Upon receiving notice of a subsequent modification, the IV–D agency shall send notice of the order as modified to the child support enforcement agency of the jurisdiction in which the obligor derives income, or to the obligor's employer or other source of income.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119a - Child Support Enforcement › Section 8 - Support Order of Other Jurisdiction; Filing; Documentation

Section 8. A child support enforcement agency, party to a child support order or other entity in a jurisdiction outside the commonwealth may request the IV–D agency to enforce a child support order issued by a court or administrative agency in another jurisdiction, or a lien arising under the law of another jurisdiction. The order or lien shall be accorded full faith and credit and the order or lien shall be enforced as if the order was issued or the lien arose in the commonwealth, without the necessity of registering the order with the court and without requiring judicial notice or hearing prior to the enforcement of such lien or order, provided that the IV–D agency, enforcement agency of another state, party or other entity seeking to enforce the lien complies with the procedural rules relating to enforcing orders or recording or serving liens that arise within the commonwealth. An order for genetic marker tests from a court or administrative agency of competent jurisdiction shall be accorded full faith and credit and shall be enforceable in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119a - Child Support Enforcement › Section 9 - Child Support Trust Fund

Section 9. There is hereby established, separate and apart from all the public monies or funds of the commonwealth, a child support trust fund, which shall be administered by the IV–D agency without liability on the part of the commonwealth beyond the amounts credited to and earned by the fund.
The fund shall consist of all child support payments from or on behalf of individual obligors paid to the commonwealth pursuant to this chapter, all fees charged and collected by the IV–D agency for its services, all penalties assessed and collected by the IV–D agency, all incentive payments made by the federal government for child support activities, and all interest or other earnings from monies in the fund.
All monies in the fund shall be pooled and available for support payments, refunds, and other payments authorized by this chapter; but, the federal incentive payments shall be expended only as authorized by Title IV, Part D of the Social Security Act.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119a - Child Support Enforcement › Section 10 - Child Support Trust Fund; Separate Accounts

Section 10. The state treasurer shall serve as treasurer of the child support trust fund. He shall maintain within the child support trust fund 3 separate accounts as follows:—
(1) A child support payments account of amounts to be distributed, without appropriation, to the proper obligees. The IV–D agency shall transfer to the General Fund the state share of amounts collected pursuant to Title IV, Part D of the Social Security Act.
(2) A child support services account to be expended, without appropriation, on child support services authorized pursuant to Title IV, Part D, of the Social Security Act. To this account shall be credited all fees collected by the IV–D agency, all federal incentive payments, and all interest and earnings of the fund attributed to federal incentive payments.
(3) A child support penalties account to be expended, without appropriation, pursuant to subsections (b) and (c) of section 10A and on child support services authorized pursuant to Title IV, Part D of the Social Security Act. To this account shall be credited all penalties collected by the IV–D agency, all amounts designated for this account pursuant to subsection (a) of said section 10A, all interest collected by the IV–D agency on the state share of arrears assigned to the commonwealth pursuant to Title IV, Parts A and E, and Title XIX of the Social Security Act, and all interest and earnings of the fund, except as provided in paragraph (2) of this section. The state treasurer shall report annually, on or before October 15, to the secretary of administration and finance and to the house and senate chairs of ways and means on the total expenditures from the child support penalties account in the prior fiscal year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119a - Child Support Enforcement › Section 10a - Corrections for Overpayment, Underpayment, or Administrative Error

Section 10A. (a) If a case receiving IV–D services is otherwise eligible for case closure and the commissioner of revenue determines that (1) an obligor has made an overpayment of $10 or less of the amount of any child support owed by the obligor, or (2) child support in the amount of $10 or less is due to an individual obligee, the commissioner shall disburse the amounts to the obligor or obligee. If the obligor or obligee fails to negotiate the check issued by the commonwealth within 180 days of its issuance, the funds shall be placed in the account established pursuant to paragraph (3) of section 10, to be expended as provided in subsections (b) and (c) of this section.
(b) If the commissioner determines that the IV–D agency has distributed a payment to an individual obligee that was not a child support collection on behalf of the obligee, or that the obligee was otherwise not entitled to the payment, the IV–D agency shall make diligent efforts to recover the payment from the obligee, including deducting the amount, or a portion thereof, from future collections of child support made on behalf of the obligee. Recovered amounts shall be placed in the account established pursuant to paragraph (1) of section 10. Where the IV–D agency does not recover the payment, the IV–D agency may issue a refund of an overpayment to an obligor, or a replacement payment to an individual obligee on whose behalf the child support collection was made, from the account established pursuant to paragraph (3) of said section 10.
(c) If the commissioner determines that an individual obligee or obligor has incurred bank or similar fees as a direct result of administrative error by the IV–D agency, the IV–D agency may, at the discretion of the commissioner, reimburse the obligee or obligor for the fees from the account established pursuant to paragraph (3) of section 10.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119a - Child Support Enforcement › Section 11 - Child Support Trust Fund; Requisitions

Section 11. The state treasurer shall from time to time requisition from said child support trust fund such amounts, not exceeding the amounts credited to the child support payments account, as the commissioner of revenue deems necessary for the payment of child support to obligees in accordance with the provisions of this chapter. The state treasurer shall also from time to time requisition from said child support trust fund and from the child support penalties account such amounts, not exceeding amounts credited to the child support services account, as the commissioner of revenue deems necessary for a reasonable future period for the provision of child support services; provided that such amounts shall conform to a schedule of anticipated expenditures on file with the fiscal affairs division within the executive office for administration and finance and the house and senate committees on ways and means.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119a - Child Support Enforcement › Section 15 - Iv&ndash;d Agency Powers; Failure to Comply With Subpoena or Summons Issued Under Section; Penalties; Production of Witnesses, Books, Papers and Records

Section 15. The IV–D agency may take testimony and proofs under oath with reference to any matter within the administrative authority of the agency and, in connection therewith, may issue subpoenas or summonses and require the attendance and testimony of witnesses and the production of books, papers, records, data and other evidence. In the case of records maintained in electronic data bases, the IV–D agency may issue a subpoena, including a subpoena in machine readable format, for access, including electronic access, to such records. In all other cases, subpoenas and summonses issued by the IV–D agency shall be served in the same manner as subpoenas or summonses issued on behalf of the commonwealth for witnesses in civil cases. All provisions of law relative to the subpoenas or summonses shall apply to subpoenas or summonses issued hereunder. Any individual, employer, agency, institution or other entity who, without reasonable cause, fails to comply with a subpoena or summons issued under this section shall be liable for a penalty and reasonable attorneys' fees to be assessed by the IV–D agency or by a court or administrative agency of competent jurisdiction, provided, that if such penalty and attorney's fees are assessed by the IV–D agency or by such other administrative agency, the individual, employer, agency, institution or other entity against whom such penalties and fees are assessed may seek judicial review of such assessment within 45 days of notice of such assessment. The amount of such penalty shall be $100 for the first violation, $200 for the second violation, and $300 for the third violation and each violation thereafter. Any license held or sought by any obligor who, without reasonable cause, fails to comply with a subpoena or summons issued under this section may also be subject to revocation, suspension, or nonissuance pursuant to section 16, provided that any individual aggrieved by a final determination to so revoke, suspend or not issue a license may seek judicial review pursuant to section 17 within 45 days of notice of such final determination. A justice of a court that has jurisdiction of child support and paternity matters may, upon the application of the IV–D agency, compel the attendance of witnesses, the production of books, papers, records, data and other evidence and the giving of testimony before the IV–D agency in the same manner and to the same extent as before such court and in accordance with the applicable rules of procedure.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 119a - Child Support Enforcement › Section 17 - Procedures for Collection and Disbursement of Child Support; Informational Materials; Review; Appeals

Section 17. The department shall establish procedures for the prompt resolution of disputes concerning the collection and disbursement of child support and shall prepare informational materials for distribution to obligors and obligees describing such procedures and, where applicable, such procedures shall be consistent with section six of chapter one hundred and nineteen A. Such procedures shall include maintenance of an adequately staffed unit the principal duties of which shall be to respond to inquiries, with a widely publicized telephone line, to receive written requests from obligors and obligees for administrative review of the IV–D agency's actions in collecting and disbursing child support and to refer such requests to the appropriate unit within the department for resolution. Upon receipt of the necessary information and documentation from the obligor and obligee requesting administrative review, the department shall conduct the review and render a written decision of its determination to the person requesting the review. Such determination shall also notify such person that he may, upon exhaustion of the procedures for administrative review provided herein and within 45 days of such determination, seek judicial review in the court where the order or judgment was issued or registered or, if there is no such order or judgment, by filing a request for judicial review in the probate court in the county wherein the appellant resides; provided, however, that a request for judicial review shall be accompanied by a copy of the agency's determination. Upon receipt of the request for judicial review, the court shall notify the IV–D agency at least fourteen days prior to any hearing. Pursuant to relevant provisions of state and federal law, the court may review the determination made by the agency and may correct any mistakes of fact. Appeals from a decision of a court pursuant to this section may be made in the same manner as other judicial appeals.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 1 - Corporate Status of Department of Youth Services; Holding and Investing Trust Funds

Section 1. The department of youth services shall be a corporation for the purpose of taking, holding and investing in trust for the commonwealth, subject to section fifteen of chapter ten, any grant or devise of land or any gift or bequest made at any time for the use of any institution of which said department has the management, government and care, and it shall succeed to and retain the rights, powers and duties formerly held or acquired by the division of youth service and by the youth service board, except as otherwise provided in said section fifteen and in this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 2 - Management, Government and Care of Industrial Schools; Employment of Expert Personnel by Director

Section 2. The department of youth services shall have the management, government and care of the Lyman school for boys at Westborough, the industrial school for girls at Lancaster, the industrial school for boys at Shirley, and of all other institutions, except correctional institutions of the commonwealth, supported by the commonwealth for the custody, diagnosis, care and training of delinquent or wayward children or habitual truants or habitual absentees or habitual school offenders or juvenile offenders. The department of youth services shall have control of the land and buildings of said schools. To carry out its duties under this chapter, the commissioner shall authorize the employment within the limits of the amount appropriated therefore, such medical, dental, psychiatric, psychological, social work, legal, investigative and other expert personnel, including experts in the fields of fiscal affairs, research and planning, and personnel administration and training, superintendents, field representatives, supervisory, clerical and other employees as he shall deem necessary, and shall prescribe their duties. Physicians, dentists and psychiatrists employed hereunder shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 3 - Appointment of Superintendents, Chaplains and Physicians

Section 3. The commissioner of youth services shall from time to time appoint a superintendent, chaplains and a physician of each of said schools and institutions, and shall, in accordance with law appoint all other officers and employees required at said schools and institutions and shall prescribe their duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 4 - Rules and Regulations; By-Laws

Section 4. The commissioner of youth services shall establish rules, regulations, and by-laws for the government of each institution and shall see that its affairs are conducted according to law and to such rules, regulations, and by-laws; but the purpose thereof and of all education, employment, training, discipline, recreation and other activities carried on in the institutions shall be to restore and build up the self-respect and self-reliance of the children lodged therein and to qualify them for good citizenship and honorable employment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 5 - Examination and Study of Children Committed; Re-Examinations; Records; Discharge

Section 5. (a) When a person has been committed to the department of youth services, it shall, under rules established by it, forthwith examine and study him and investigate all pertinent circumstances of his life and behavior.
(b) The department of youth services shall make periodic reexamination of all persons within its control. These examinations may be made as frequently as the department considers desirable, and shall be made with respect to every person at intervals not exceeding one year.
(c) The department of youth services shall keep written records of all examinations and of the conclusions based thereon, and of all orders concerning the disposition or treatment of every person subject to its control.
(d) Failure of the department of youth services to examine a person committed to it, or to reexamine him within one year of a previous examination, shall not of itself entitle the person to discharge from the control of the department, but shall entitle him to petition the committing court for an order of discharge, and the court shall discharge him unless the department upon due notice satisfies the court of the necessity for further control.
(e) Within eighteen months of the original commitment of a child to the department by a court of competent jurisdiction, and periodically thereafter, the committing court shall reconvene upon petition of the department, in accordance with rules established by the chief administrative judge of the trial court, to determine the future status of the child as to whether or not it is in the child's best interests to be returned to his home. All such determinations shall indicate whether, after the departmental placement of the child, reasonable efforts were made to make it possible for the child to return to his home.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 6 - Liberty Under Supervision; Confinement; Reconfinement; Revocation or Modification of Order; Discharge

Section 6. When a person has been committed to the department of youth services, it may after an objective consideration of all available information—
(a) Permit him his liberty under supervision and upon such conditions as it believes conducive to law-abiding conduct; or—
(b) Order his confinement under such conditions as it believes best designed for the protection of the public; or—
(c) Order reconfinement or renewed release as often as conditions indicate to be desirable; or—
(d) Revoke or modify any order, except an order of final discharge, as often as conditions indicate to be desirable; or—
(e) Discharge him from control with notice to the court, except as provided in section twelve, when it is satisfied that such discharge is consistent with the protection of the public.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 6a - Correction of Socially Harmful Tendencies

Section 6A. As a means of correcting the socially harmful tendencies of a person committed to it, the department of youth services may—
(a) Require participation by him in vocational, physical, educational, and correctional training and activities.
(b) Require such modes of life and conduct as seem best adapted to fit him for return to full liberty without danger to the public.
(c) Provide such medical or psychiatric treatment as is necessary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 7 - Powers and Duties of Superintendent

Section 7. The superintendent of each school or other institution, with the subordinate officers, shall have general charge of and be responsible for the welfare and custody of the children lodged therein, and for carrying out the rehabilitative program prescribed by the commissioner of youth services. He shall be a constant resident at the school, and, under the direction of the commissioner of youth services, shall seek to establish relationships and to organize ways of life that will meet the moral, physical, emotional, intellectual and social needs of the children under his care as those needs would be met in adequate homes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 8 - Bond and Accounts of Superintendents; Accounting to Commissioner of Youth Services

Section 8. Each superintendent shall before entering upon his duties give bond to the commonwealth, with sureties approved by the governor and council, in such sum as the comptroller may prescribe, conditioned that he shall faithfully perform all his duties and account for all money received by him as superintendent. The bond shall be filed in the office of the state treasurer. Each superintendent shall have charge of all the property of the institution within the precincts thereof. He shall keep accounts of all his receipts and expenditures, and of all property intrusted to him, showing the income and expenses of the institution; and shall account to the commissioner of youth services, in such manner as said commissioner may require, for all money received by him. His books and all documents relative to the school shall at all times be open to the inspection of the commissioner of youth services.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 10b - Involuntary Room Confinement Prohibited

Section 10B. A person detained by and committed to the department of youth services shall not be placed in involuntary room confinement as a punishment, harassment or consequence for noncompliance or in retaliation for any conduct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 11 - Places for Detention and Diagnosis; Treatment and Training Facilities; Facilities to Aid Persons Given Conditional Releases; Forest or Farm School Camps

Section 11. When funds are available for the purpose, the commissioner of youth services may (a) establish and operate places for detention and diagnosis of all persons committed to the department; (b) establish and operate additional treatment and training facilities necessary to classify and segregate and handle delinquents, youthful offenders and juvenile offenders of different ages, habits and mental and physical condition according to their needs; (c) establish facilities to aid persons given conditional release or discharged by the department to find employment and to lead a law-abiding existence, and shall establish, on land under the control of the department of environmental management or upon other sites approved by the commissioner of conservation and recreation, forest or farm school camps to which children placed in the care of the department of youth services may be sent for such education and training as may be deemed best for their readjustment, the work projects of which may be assigned in farming or reforestation, maintenance and development of state forests and recreational areas as may be approved by the commissioner of conservation and recreation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 13 - Escape; Breach of Parole; Arrest; Detention

Section 13. The department may issue a warrant for the arrest of any person committed to it who has escaped from a facility or who has been released on parole and broken the conditions thereof. Such person may be arrested with or without such warrant by a police officer, sheriff, deputy sheriff, constable or person employed or authorized by the department and may be kept in custody in a suitable place and there detained until such person may be returned to the custody of the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 13a - Compensation for Property Damage Caused by Inmates; Notice of Damage; Claim; Filing

Section 13A. Upon written request of the department, there shall be paid out of the state treasury, from such funds as may be available therefor, to any person determined by the attorney general to be entitled to compensation for damage to his property caused by the act of any inmate of the Lyman school for boys at Westborough, the industrial school for girls at Lancaster, the industrial school for boys at Shirley, the department of youth services reception center at Westborough or any other institution of which the department has management, government and care under the provisions of section two while escaping therefrom, such sum as the attorney general shall determine to be just and reasonable and as the governor and council shall approve; provided, that written notice of said damage and claim for compensation therefor be filed with the department within one year next after the date on which such damage occurred.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 14 - Applications for New Commitments for Mentally Ill, Developmentally Disabled or Sexually Dangerous Persons

Section 14. Whenever the department finds that any person committed to it is mentally ill, within the meaning of chapter one hundred and twenty-three, developmentally disabled or a sexually dangerous person, within the meaning of chapter one hundred and twenty-three A, or a potential psychotic as defined and determined by the assistant commissioner of the bureau of clinical services, the department may make application to the proper court for a new commitment to the appropriate agency in accordance with law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 15 - Transfers From Massachusetts Reformatory and Reformatory for Women

Section 15. With the consent of the department, the commissioner of correction may transfer to the care of the department any boy under 18 sentenced to the Massachusetts reformatory, or any girl under 18 sentenced to the reformatory for women, for such disposition as in the opinion of the department, after study, will best serve the needs of the boy or girl and best protect the interests of the public.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 17 - Control Beyond Age Limit; Persons Physically Dangerous to Public

Section 17. Whenever the department is of the opinion that discharge of a person from its control at the age limit stated in section sixteen would be physically dangerous to the public, the department shall make an order directing that the person remain subject to its control beyond the period and shall make application to the committing court for a review of that order by the court. The order and application may be made at any time prior to the date of discharge stated in said section sixteen. The application shall be accompanied by a written statement of the facts upon which the department bases its opinion that discharge from its control at the time stated would be physically dangerous to the public, but no such application shall be dismissed nor shall the order be discharged, merely because of its form or an asserted insufficiency of its allegations; every order shall be reviewed upon its merits.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 18 - Notice of Application for Review of Order; Hearing; Appointment of Counsel; Court Order

Section 18. If the department applies to the court for review of an order as provided in section seventeen, the court shall notify the person whose liberty is involved, and if he or she be not sui juris, his parent or guardian (if such person can be reached and if not the court shall appoint a person to act in the place of the parent or guardian), of the application, and shall afford him an opportunity to appear in court with the aid of counsel and of process to compel attendance of witnesses and production of evidence. When he is unable to provide his own counsel, the court shall appoint counsel to represent him. Said proceedings shall be conducted according to the provisions of sections fifty-five A, fifty-five B and fifty-six of chapter one hundred and nineteen.
If after a full hearing the court is of the opinion that discharge of the person to whom the court order applies would be physically dangerous to the public, the court shall confirm the order of the department. If the court is of opinion that discharge of the person from continued control of the department would not be physically dangerous to the public, the court shall disapprove the order of the department and shall order the person to be discharged from its control.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 19 - Continued Control; Later Discharge; Transfer to Appropriate Institutions

Section 19. When an order of the department is confirmed as provided in section eighteen, the control of the department over the person shall continue, subject to the provisions of this chapter; provided, however, unless the person is previously discharged in accordance with section six (e), the department shall discharge the person upon his twenty-first birthday. The department shall have the power, in order to protect children and adolescents, to transfer the custody of any person eighteen years of age or older to the department of correction for placement in an appropriate institution.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 21 - Effect of Commitment on Application for Public Service; Discharge; Restoration of Civil Rights; Records; Inspection; Consent; Evidence in Other Proceedings

Section 21. Commitment to the care of the department of a delinquent child or youthful offender shall not operate to disqualify said child in any future examination, appointment or application for public service under the government either of the commonwealth or of any political subdivision thereof.
Whenever a person committed to the department by a court upon conviction of a crime is discharged from its control such discharge shall, when so ordered by the department, restore such person to all civil rights and shall have the effect of setting aside the conviction. The conviction of such a person shall not operate to disqualify him for any future examination, appointment or application for public service under the government either of the commonwealth or of any political subdivision thereof.
The records of commitment to the department shall be withheld from public inspection except with the consent of the department, but such records concerning any child who at the time of commitment was between seven and 18 years of age shall be open, at all reasonable times, to the inspection of the child, his or her parent or parents, guardian or attorney, or any of them. A commitment to the department shall not be received in evidence or used in any way in any proceeding in any court except in subsequent proceedings for waywardness or delinquency against the same child, and except in imposing sentence in any criminal proceeding against the same person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 22 - Inquiry Into Effectiveness of Treatment Methods; Information; Annual Report; Contents

Section 22. The department shall conduct continuing inquiry into the effectiveness of the treatment methods it employs in seeking the reformation of juvenile and youthful offenders. To this end the department shall obtain from the commissioner of probation all court record information on its wards compiled subsequent to their discharge from the jurisdiction of the department, and with the cooperation of the commissioner of probation tabulate and analyze these data so that they may be used to evaluate the relative merits of methods of treatment. The results of such studies shall be made available to the public in each annual report of the department. The department shall make an annual report to the governor and to the general court containing, in addition to other matters required by law, a statement of the number of persons committed to the department during the preceding fiscal year and of the disposition made of such persons and of all other persons under its supervision during said year. The report shall include such inventories as the institutions under the department's supervision are required by law to make, a statement of the condition and needs of the facilities under its supervision, and of the progress made towards an integrated rehabilitory system capable of giving the most effective individual treatment for rehabilitation. The report shall include such recommendations for legislation as the department may wish to make.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 23 - Power of Department to Act as Guardian of Children

Section 23. The department may act as guardian for a child under 18 years of age in its charge who has neither parent living, or of whom neither parent can be located, and for whom no guardian has been appointed. In such instances, the department may act with all the power and authority conferred by chapter 201, except that once a guardian is appointed, the powers herein conferred shall cease. The department may, without need for parent or guardian approval, serve as the fully authorized representative of a child in its charge not living with his parents or guardian for the purpose of completing and submitting an application on the child's behalf to the division of medical assistance for benefits or assistance under chapter 118E or to the department of transitional assistance for benefits or assistance which said department is authorized to provide under chapter 18.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 23a - Disposition of Unclaimed Money Held for Former Ward; Records

Section 23A. Annually on or before November thirtieth, the department shall pay to the state treasurer all unclaimed money held by it for the benefit of any former ward of the department whose whereabouts are then unknown to it and have been unknown for seven years subsequent to his becoming of age. At the time of so paying over any such money, the department shall certify to the comptroller the amount of such money then held for the benefit of each former ward, his full name, age, if known, and last known address, the names of his parents, if known, and such further information as it deems relevant; and said comptroller shall make and keep a record thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 24 - Expenditure of Gifts

Section 24. The department may expend any money given for the purpose in erecting houses or other buildings on the land of the commonwealth at Lancaster, for increasing the accommodation and facilities of the industrial school, if the plans therefor are first approved by the bureau of building construction.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120 - Department of Youth Services and Massachusetts Training Schools › Section 26 - Escape; Attempted Escape; Aiding or Assisting

Section 26. Whoever escapes, or attempts to escape from the department or aids or assists a child in the custody of the department to escape or attempt to escape shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120a - Interstate Compact on Juveniles › Section 5 - By-Laws Governing Conduct of the Interstate Commission

Section 5. The interstate commission shall, by a majority of the members present and voting, within 12 months after the first interstate commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact including, but not limited to:
(1) establishing the fiscal year of the interstate commission;
(2) establishing an executive committee and such other committees as may be necessary;
(3) providing for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission;
(4) providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each such meeting;
(5) establishing the titles and responsibilities of the officers of the interstate commission;
(6) providing a mechanism for concluding the operations of the interstate commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations;
(7) providing ''start-up'' rules for initial administration of the compact; and
(8) establishing standards and procedures for compliance and technical assistance in carrying out the compact.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 120a - Interstate Compact on Juveniles › Section 6 - Officers and Staff of the Interstate Commission

Section 6. (a) The interstate commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the by-laws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission but, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.
(b) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the interstate commission.