reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.08 - Findings from CORI Investigation - Crimes Subject to Review

Current through Register 1525, July 5, 2024
(1) If the CORI investigation reveals a
			 conviction for a
			 108
			 CMR 15.15:
Table A
crime,
			 regardless of when it occurred, or a pending
			 108
			 CMR 15.15:
Table A
crime, or
			 a conviction of a
			 108
			 CMR 15.15:
Table B
crime
			 within the five- and ten-year time periods referenced under 108 CMR 15.08(1),
			 or a pending
			 101
			 CMR 15.15:
Table B
crime,
			 the hiring authority will consider the following factors in its decision to
			 hire or not hire the candidate:
(a) time since
			 the conviction or pending offense;
(b) age of the candidate at the time of the
			 offense;
(c) nature and specific
			 circumstances of the offense;
(d)
			 sentence imposed and length of any period of incarceration;
(e) relationship of the criminal act to the
			 nature of the work to be performed;
(f) number of offenses;
(g) whether offenses were committed in
			 association with a dependence on drugs or alcohol, from which the candidate has
			 since recovered;
(h) any relevant
			 evidence of rehabilitation or lack thereof, such as information about
			 compliance with conditions of parole or probation, including orders of no
			 contact with victims and witnesses; and the individual's conduct and experience
			 since the time of the offense, including but not limited to educational or
			 professional certifications obtained; and
(i) any other relevant information, including
			 information submitted by the candidate, or requested by the hiring
			 authority.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.09 - Post Audit and Compliance Review

Current through Register 1525, July 5, 2024
(1) EOVS may
			 conduct a periodic review of all documentation of compliance with
			 108 CMR
			 15.00, including written determinations of hiring
			 decisions of candidates.
(2) If
			 such review or other relevant information obtained by EOVS raises concerns
			 about the hiring authority's compliance, EOVS may require the hiring authority
			 to submit documentation for all hiring decisions and provide EOVS five business
			 days to disapprove any decision to hire. EOVS may require the hiring authority
			 to follow such prior review process for as long a period as it determines is
			 necessary to ensure that the hiring authority is complying.
(3) Notwithstanding
			 108
			 CMR 15.10(2), in the event
			 of noncompliance by a vendor program with any provision under
			 108 CMR
			 15.00, EOVS may terminate the vendor's contract or
			 take such other action it determines appropriate. Such action may include
			 requiring that the vendor indemnify EOVS for potential or actual liability for
			 breaches of this regulation or proper CORI handling practices as outlined by
			 DCJIS.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.10 - Dissemination

Current through Register 1525, July 5, 2024
CORI records may be disseminated only to individuals, such as
				the hiring authority or CORI Coordinator, designated by the agency or vendor
				program to receive such information, and included in the agency or vendor's
				need to know list. The hiring authority will maintain a listing of persons so
				designated. Any further dissemination shall be in accordance with DCJIS
				regulations at
				803 CMR
				2.00:
Criminal Offender Record Information
				(CORI)
, and a log of such secondary dissemination shall be maintained
				in accordance with DCJIS regulations. Willful dissemination of CORI to
				unauthorized individuals is punishable by a jail sentence of up to one year
				and/or a fine of $5,000, or in the case of dissemination by an entity that is
				not a natural person, a fine of up to $50,000. Further in the case of
				dissemination of juvenile delinquency records such fine may be up to $7,500 and
				if by an entity not a natural person, up to $75,000.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.11 - Incidents

Current through Register 1525, July 5, 2024
If a hiring authority receives an allegation that an EOVS or
				vendor program employee whose CORI contained a record has harmed a client, the
				hiring authority will immediately report the allegation to the EOVS General
				Counsel. Notification will include documentation of the hiring decision of the
				hiring authority.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.12 - Agency Regulations

Current through Register 1525, July 5, 2024
108 CMR
				15.00 is intended to supersede any regulation or use
				policy by EOVS, the state-operated veteran homes, or EOVS contractors on the
				use of CORI for employment purposes. To the extent that any of the
				aforementioned may conflict,
				108 CMR
				15.00 will take precedence.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 15.00 - Criminal Offender Record Checks › Section 15.13 - Severability

Current through Register 1525, July 5, 2024
If any provisions of
				108 CMR
				15.00 or the applications of such provisions to any
				person or circumstance are held invalid or unconstitutional, the other
				provisions of said
				108 CMR
				15.00 or the application of such provisions to any
				person or circumstance other than that as to which it is held invalid or
				unconstitutional, shall not be affected thereby.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 16.00 - Qualified Veterans Hire Tax Credit › Section 16.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
108 CMR 16.00 establishes the procedures for establishing
				eligibility for and thereafter claiming the Qualified Veterans Hire Tax Credit
				pursuant to M.G.L. c. 62, § 6(u) and c. 63, § 38GG.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 16.00 - Qualified Veterans Hire Tax Credit › Section 16.03 - Eligibility

Current through Register 1525, July 5, 2024
(1) A Qualified Employer may establish its
			 eligibility to claim the Qualified Veterans Hire Tax Credit by applying for and
			 receiving a Certification from EOVS. EOVS requires that applications for
			 Certification be made on an EOVS issued form, and shall include
(a) information sufficient to establish that
			 the applicant is a Qualified Employer;
(b) information sufficient to establish that
			 the individual hired meets all of the criteria of a Qualified Veteran,
			 including a document from the department of career services or any successor
			 agency stating the individual is a Qualified Veteran;
(c) documentation showing the Qualified
			 Employer hired the Qualified Veteran on or after January 1, 2017;
(d) documentation showing that the Qualified
			 Veteran has been employed for at least six continuous months; and
(e) information sufficient to establish that
			 the applicant is a duly organized and existing entity in good standing with the
			 Commonwealth of Massachusetts and is compliant with all applicable state and
			 federal tax and employment laws.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 16.00 - Qualified Veterans Hire Tax Credit › Section 16.04 - Qualified Veterans Hire Tax Credit

Current through Register 1525, July 5, 2024
(1) For the tax
			 years beginning on or after January 1, 2023, a Qualified Employer may claim the
			 Qualified Veterans Hire Tax Credit on the tax return filed for the taxable year
			 that is six months after the Qualified Veteran began working for the Qualified
			 Employer. The Qualified Employer shall include in its filing the certificate
			 number provided in the Certification.
(2) A Qualified Employer may apply for a new
			 Certificate, entitling it to claim an additional credit in the taxable year
			 following the initial claimed credit, for the same Qualified Veteran if such
			 Qualified Veteran is continuously employed. Any new Certificate will be issued
			 in the same manner and based on the same criteria as the original Certificate.
			 No Qualified Employer shall be authorized to claim a Qualified Veterans Hire
			 Tax Credit more than twice for any one Qualified Veteran.
(3) A Qualified Employer may carry forward
			 the amount of credit that exceeds the tax due for a taxable year to any of the
			 three subsequent taxable years.
(4)
			 Qualified Veterans Hire Tax Credit shall not be transferrable or
			 refundable.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 16.00 - Qualified Veterans Hire Tax Credit › Section 16.05 - Recordkeeping

Current through Register 1525, July 5, 2024
A Qualified Employer claiming the Qualified Veterans Hire Tax
				Credit shall retain records necessary to substantiate the employer's
				eligibility to claim the credit in accordance with
				830
				CMR 62C.25.1:
Record
				Retention
, including:
(a) the
			 document from the department of career services or any qualifying agency
			 stating the individual is a Qualified Veteran;
(b) the Certificate;
(c) employment records sufficient to show the
			 Qualified Veteran was employed for not less than six consecutive months;
			 and
(d) records sufficient to
			 demonstrate that the Qualified Veteran's primary place of employment and
			 primary place of residence were in Massachusetts during the six consecutive
			 months of employment.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 16.00 - Qualified Veterans Hire Tax Credit › Section 16.06 - Severability

Current through Register 1525, July 5, 2024
The provisions of 108 CMR 16.00 are severable. If any
				provisions of 108 CMR 16.00 or the applications of such provisions to any
				person or circumstance are held invalid or unconstitutional, the other
				provisions of 108 CMR 16.00, or the application of such provisions to any
				person or circumstance other than that as to which it is held invalid or
				unconstitutional, will not be affected thereby.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 2.00 - General Conditions › Section 2.01 - Introduction

Current through Register 1525, July 5, 2024
The Department of Youth Services (Department) was created by St. 1969, c. 838, as codified in M.G.L. c. 18A, § 1, with the mandate to provide a comprehensive and coordinated program of services to delinquent children and youth referred or committed to the Department by the courts; community services for the prevention of juvenile delinquency; and services and facilities for the study, diagnosis, care, treatment, including medical and behavioral health and social services, education training and rehabilitation of all youth referred or committed.
As the juvenile justice agency for the Commonwealth of Massachusetts, the Department promotes positive change in the youth in the Department's care and custody. The Department's mission is to make communities safer by improving the life outcomes for youth in its care. The Department achieves its mission through investing in highly qualified staff and a service continuum that engages youth, families and communities in strategies which are fair and promote positive youth development.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 2.00 - General Conditions › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
Throughout 109 CMR, the following terms shall have the following meanings unless otherwise specified:
Commissioner
. The Commissioner of the Department of Youth Services.
Commitment
. The order of a youth to the physical custody of the Department by a court in resolution of a delinquency complaint, youthful offender indictment or probation violation.
Community Based Placement
. A non-residential program designed to provide services to youth in the community, which may include, but is not limited to foster care, independent living, and placement at home with community supervision.
Department
or
DYS
. The Department of Youth Services.
Deputy Commissioner
. A Deputy Commissioner of the Department of Youth Services.
Detention
. The temporary physical custody ordered by a court in
lieu
of posted bail of a youth awaiting resolution of a pending delinquency complaint, youthful offender indictment or probation violation.
Discharge
. The termination of a youth's commitment to the Department of Youth Services.
Hardware-secure Placement
. Placement in a Department or Provider operated residential program characterized by locked entrances and exits and other physically restrictive construction and procedures designed to prevent a youth from physically leaving the program without the Department's approval.
Provider
. An individual or entity the Department contracts with to access services which include, but are not limited to, medical, behavioral health and social services, education, training and rehabilitation for youth detained by or committed to the Department as required by M.G.L. c. 18A, § 2.
Regional Review Team (RRT)
. Regional body composed of senior Department of Youth Services' regional managers which is responsible for determining the length and type of treatment and placement for a youth.
Residential Placement
. Placement in any DYS or Provider operated program where a youth resides until approval is granted by the Department to move to a Community-Based placement.
Secure Placement
. Any Department or Provider operated residential program which may use hardware or staff security; also known as a "facility".
Staff-secure Placement
. Placement in a Department or Provider operated residential program that is characterized by unlocked entrances and exits where staff personnel provide the primary security to prevent a youth from physically leaving the program without the approval of the Department.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 2.00 - General Conditions › Section 2.03 - Applicability

Current through Register 1525, July 5, 2024
109 CMR is binding on all personnel of the Department, and the Providers that are under contract to the Department. Failure to comply may result in actions against the employees of the Department or the Provider.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 2.00 - General Conditions › Section 2.04 - Administrative Relief

Current through Register 1525, July 5, 2024
Anyone aggrieved by actions of a Departmental or Provider employee(s) who has violated the requirements of 109 CMR may request an administrative review by the Commissioner or designee, unless the aggrieved party is already pursuing or has pursued his or her grievance in another forum. The aggrieved person must present allegations in writing to the Commissioner's office either in person or by mail. Upon receipt of such allegations, the Commissioner or designee will review the allegations and any relevant documents, and may conduct interviews before issuing a decision. The Commissioner or designee's decision shall be issued within 20 business days from receipt of the request for review. The decision of the Commissioner, or his or her designee, shall be final.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 2.00 - General Conditions › Section 2.05 - Sanctions

Current through Register 1525, July 5, 2024
As provided in M.G.L. c. 214, § 3B, employees of the Department, and other persons who violate the requirements of 109 CMR, and M.G.L. c. 66A, may be subject to the sanctions provided therein including but not limited to reprimand, suspension, or dismissal, or other sanctions as provided by law.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 2.00 - General Conditions › Section 2.06 - Severability

Current through Register 1525, July 5, 2024
The provisions of 109 CMR are severable. If any provision of 109 CMR is declared unconstitutional or invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 3.00 - Access to All Records of Youth Detained by or Committed to the Department of Youth Services › Section 3.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
109 CMR 3.00 establishes rules for the management of and access to all Youth Records maintained by the Department of Youth Services (Department). The provisions of 109 CMR 3.00 shall apply to the following persons:
(1) Each current or former Department employee;
(2) Current or former Providers and their employees;
(3) All Youth served by the Department;
(4) Each person or entity to whom Department representatives disclose confidential Youth Records information; and
(5) Each person or entity that requests Youth Records from the Department.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 3.00 - Access to All Records of Youth Detained by or Committed to the Department of Youth Services › Section 3.02 - Applicability

Current through Register 1525, July 5, 2024
109 CMR 3.00 is applicable to all records maintained by the Department of Youth Services regarding Youth, whether currently or previously detained by or committed to the Department. 109 CMR 3.00 does not apply to access to records sought in conjunction with Research as defined in 109 CMR 10.00:
Social Science Research by Outside Agencies or Persons
.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 3.00 - Access to All Records of Youth Detained by or Committed to the Department of Youth Services › Section 3.03 - Definitions

Current through Register 1525, July 5, 2024
Data Sharing Agreement
. An agreement between the Department and another Executive Office of Health and Human Services Agency pursuant to 101 CMR 16.00:
Personal Data Use and Permitted Disclosures by and among the Executive Office of Health and Human Services and its Agencies
for the purposes of sharing data to assist assessment; service development, coordination, or provision; eligibility for or determinations of benefit amounts; or quality assurance activities.
Keeper of the Records
. A person designated by the Department to administer all rules and regulations governing access to Youth Records.
Legal Unit
. Those employees who report to the Department's general counsel, including any assistant general counsels, paralegals or administrative support staff.
Memorandum of Understanding or Agreement
. A documented agreement between the Department and another agency or entity which may include agreements regarding the sharing of certain Youth Records.
Personal Data
. As defined by M.G.L. c. 66A, § 1, information in any form which, because of name, identifying number, mark or description can be readily associated with a particular individual; provided, however, that such information is not contained in a public record, as defined in M.G.L. c. 4, § 7, clause 26 and shall not include intelligence information, evaluative information or criminal offender record information as defined in M.G.L. c. 6, § 167.
Youth
. Any person who is or has at any time been referred to, detained by or committed to the Department.
Youth Records
. Any information maintained by the Department regarding the referral, detention or commitment of a Youth including, but not limited to, Personal Data as defined in 109 CMR 3.03.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 3.00 - Access to All Records of Youth Detained by or Committed to the Department of Youth Services › Section 3.05 - Response to Compulsory Legal Process

Current through Register 1525, July 5, 2024
Youth Records may be released in response to compulsory legal process; however, no Personal Data shall be made available in response to a demand under compulsory legal process unless the Client is reasonably notified so that he or she may seek to have the process quashed as provided in M.G.L. c. 66A, § 2(k), unless such notice may be withheld by law pursuant to M.G.L. c. 66A, § 2 (i).
(1) A subpoena for Youth Records can be accepted by an employee other than the one named on the subpoena. Employees eligible to accept service include employees of the Department's Legal Unit, regional administration, and program administration. Such an acceptance of service still creates an obligation to comply on the part of the person named in the subpoena.
(2) Upon accepting any subpoena for Youth Records, the person receiving the subpoena shall immediately notify the Department's Legal Unit.
(3) The Department's efforts to notify the Youth may be written or oral, including notice by telephone. The Department shall document in writing the efforts made to contact the Youth and if said contact is made. If the Department is unable to contact the Youth after multiple attempts, the Department shall release the records sought, after redacting Personal Data.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 3.00 - Access to All Records of Youth Detained by or Committed to the Department of Youth Services › Section 3.06 - Audit Trails

Current through Register 1525, July 5, 2024
The Department is required by M.G.L. c. 66A, § 2(f) to maintain records of every access to a Youth's Records by anyone other than Departmental employees or Providers acting within their official duties. All Department and Provider offices and facilities, where Youth Records are maintained shall keep a log which shows access to Youth Records by anyone other than Department or Provider employees and contain the following information in an audit trail:
(1) the name of the person or entity granted access to the Youth's Records;
(2) the purpose and date of the access; and
(3) the name of the person who authorized inspection.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 3.00 - Access to All Records of Youth Detained by or Committed to the Department of Youth Services › Section 3.07 - Training of Staff

Current through Register 1525, July 5, 2024
The Legal Unit of the Department shall alert all Department personnel and Providers of 109 CMR 3.00 and shall conduct training sessions to acquaint staff with the requirements of 109 CMR 3.00 and M.G.L. c. 66A.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 4.00 - Classification of Juveniles Committed to the Department Of Youth Services › Section 4.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
109 CMR 4.00 describes the Classification process required for each youth committed to the Department of Youth Services (Department). The Classification process is designed to ensure that each youth receives the services he or she needs to transition safely and successfully back to the community, through the use of effective risk assessment, meaningful family and community engagement, and a continuum of services based on the science of adolescent development and proven and promising practices in juvenile justice, consistent with positive youth development and the promotion of public safety.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 4.00 - Classification of Juveniles Committed to the Department Of Youth Services › Section 4.03 - Definitions

Current through Register 1525, July 5, 2024
Assessment
. The comprehensive review of a youth's strengths, treatment needs, risk areas and history of offending behavior, mental status, medical and behavioral health history, developmental history, family relationships, functioning in and ties to the community, educational needs, history of compliance with probation or other supervised release, and history of compliance while detained pre-trial, where applicable, completed by regional clinical, medical, and educational staff, and a youth's caseworker.
Case History
. A document completed in conjunction with a youth's initial Assessment and updated on a regular basis by a youth's caseworker or other authorized staff, regarding the youth's personal and family history.
Classification
. The process by which a youth's treatment plan and placement are determined following commitment.
Classification Grid
. Offense based guidelines used by a youth's Treatment Team and the Regional Review Team when determining the length of time a youth may spend in residential treatment.
Extension
. The term used when the treatment assignment given to a youth by the RRT is increased to provide additional time for the youth to meet treatment goals or address emergent treatment issues, to enable the youth to transition to a less restrictive placement or the community.
Pass Eligibility
. The determination by the RRT that a youth has met sufficient treatment milestones to merit his or her eligibility for structured, supervised and unsupervised access to the community.
Staffing
. A meeting of a youth's Treatment Team first held within 45 days of a youth's commitment to the Department to review the Assessment and other information relevant to the youth's strengths, needs, history of offending behavior and level of risk, to develop the treatment plan that will be recommended to the RRT.
Staffing
also used to refer to subsequent meetings of the Treatment Team following the youth's initial classification to discuss changes in placement or emergent treatment needs and determine whether the youth should be presented to the RRT for a review of his or her placement and/or treatment plan.
Treatment Team
. Regional body assembled to assist in the Assessment, Classification, placement and treatment of a youth upon the youth's commitment to the Department. The Treatment Team may include, but is not limited to, the youth, the youth's parent or guardian, the youth's Caseworker, the District Manager, the Program Clinical Director, the Program Advocate, the Program Educational Coordinator, and where applicable, the youth's attorney, Department of Children and Families and/or Department of Mental Health caseworker, probation officer, school personnel and other community partners.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 4.00 - Classification of Juveniles Committed to the Department Of Youth Services › Section 4.05 - Classification Grid

Current through Register 1525, July 5, 2024
The Classification Grid, as defined in 109 CMR 4.03, shall be available to the public and subject to annual review by the Department.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 4.00 - Classification of Juveniles Committed to the Department Of Youth Services › Section 4.06 - Classification Factors

Current through Register 1525, July 5, 2024
(1) The Classification decision shall be based on the risks and needs identified in the Assessment completed by the youth's Treatment Team, the youth's history of offending behavior, and the recommended amount of treatment in the Classification Grid for the youth's most serious commitment offense.
(2) In making a Classification decision, the RRT shall give due consideration to any mitigating or aggravating circumstances concerning the youth's commitment offense(s). Such factors include, but are not limited to:
(a) The youth's role in the offense; and
(b) The harm caused to the victim and/or the community by the youth's actions.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 4.00 - Classification of Juveniles Committed to the Department Of Youth Services › Section 4.07 - Appeal Procedure

Current through Register 1525, July 5, 2024
(1) A youth may appeal the Classification time assignment, determined by the RRT, by submitting a written request to the Commissioner or Commissioner's Designee within seven business days of receiving the RRT's decision. The appeal may be submitted by the youth and/or the youth's attorney.
(2) The assigned Caseworker shall advise the youth of his or her right to appeal and the procedures for an appeal, within one business day of the RRT's issuance of its written decision.
(3) A written response to the appeal shall be provided to the youth, legal guardian, and the youth's attorney, if applicable, within 14 business days of receipt of the request for appeal. The decision of the Commissioner or the Commissioner's Designee shall be final.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 5.00 - INVOLUNTARY ROOM CONFINEMENT OF YOUTH DETAINED BY OR COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 5.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
109 CMR 5.00 establishes the rules and procedures for involuntary room confinement of youth detained by or committed to the Department of Youth Services, while placed at hardware secure programs.
(1) Youth may be kept involuntarily in a room during non-sleep hours for the following reasons:
(a) to calm a youth who is exhibiting seriously disruptive or dangerous behavior;
(b) for population management;
(c) for the safety and security of a youth; and
(d) for the investigation of an incident.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 5.00 - INVOLUNTARY ROOM CONFINEMENT OF YOUTH DETAINED BY OR COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 5.02 - Applicability

Current through Register 1525, July 5, 2024
109 CMR 5.00 is applicable to all Department or Provider operated hardware secure programs housing youth committed to or detained by the Department of Youth Services .
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 5.00 - INVOLUNTARY ROOM CONFINEMENT OF YOUTH DETAINED BY OR COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 5.03 - Authorization, Documentation and Reporting of Involuntary Room Confinement

Current through Register 1525, July 5, 2024
Each use of involuntary room confinement shall be authorized, documented and reported in accordance with the policy referenced in 109 CMR 5.01(6).
(1) The Program Director, Assistant Program Director, Clinical Director and Shift Administrator or their equivalents shall review each use of involuntary room confinement and complete a program level Room Confinement Report.
(2) Any failure to comply with 109 CMR 5.00 or the Department of Youth Services' policy regarding involuntary room confinement shall be reported using the applicable reporting policy for serious incidents.
(3) Failure to comply with 109 CMR 5.00 or the Department's policy regarding involuntary room confinement may result in disciplinary or corrective action.
(4) Data regarding involuntary room confinement shall be collected and reviewed by the Department on an annual basis.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 5.00 - INVOLUNTARY ROOM CONFINEMENT OF YOUTH DETAINED BY OR COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 5.04 - Visual Observation

Current through Register 1525, July 5, 2024
Staff shall monitor all youth who are involuntarily confined at regular intervals in accordance with policy. Such policy shall set the time frames within which youth must be viewed, provided that such time frames shall be set at a minimum frequency of 15 minute increments.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 6.00 - RESTRAINTS AND USE OF FORCE WITH YOUTH DETAINED BY OR COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 6.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
109 CMR 6.00 describes the rules and procedures governing the use of restraints, including mechanical restraints, and the use of force in DYS operated or Provider programs.
(1) Restraints and use of force shall be limited to those situations where a youth demonstrates by his or her actions that he or she is dangerous to him or herself or others, and no other intervention has been or is likely to be effective in averting the danger posed by the youth's behavior.
(2) Reasonable efforts shall be made to verbally deescalate and disengage youth from volatile situations prior to the use of force or restraint.
(3) DYS shall have policies detailing the use of restraints and use of force in situations involving individual youth as well as group disturbances. These policies shall be approved by the Commissioner and reviewed annually by the Department to ensure consistency with best practices.
(4) DYS shall train its employees, and providers where applicable, to address situations with youth in a manner that minimizes the use of restraints and force, consistent with 109 CMR 6.00 and the policies described in 109 CMR 6.04(3).
(5) Only employees specifically trained in the use of force and restraints are permitted to use such techniques or the devices associated with restraints.
(6)
								109 CMR 6.00 pertains only to the use of restraints to address programmatic safety and security and does not cover the use of mechanical restraints by Department employees, Providers, the Department of Correction or the various sheriffs during transportation of youth detained by or committed to the Department.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 6.00 - RESTRAINTS AND USE OF FORCE WITH YOUTH DETAINED BY OR COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 6.02 - Applicability

Current through Register 1525, July 5, 2024
109 CMR 6.00 is applicable to all programs operated by the Department of Youth Services as well as Provider programs that are co-located with Department programs. Provider programs that are not co-located with Department programs shall comply with the restraint requirements of the Department of Early Education and Care or the equivalent licensing body.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 6.00 - RESTRAINTS AND USE OF FORCE WITH YOUTH DETAINED BY OR COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 6.03 - Documentation and Reporting

Current through Register 1525, July 5, 2024
All restraints shall be documented and reported in accordance with the policies described in 109 CMR 6.01(3).
(1) The Program Director, Assistant Program Director, Clinical Director and Shift Administrator, or their equivalents shall review each restraint conducted in their program in accordance with the requirements established by the relevant policy. Restraint data shall be collected and reviewed by the Department at least annually.
(2) Any employee who witnesses a violation of 109 CMR 6.00 or the Department of Youth Services' policy on restraints and use of force shall report such violation using the applicable reporting process for serious incidents.
(3) Violations of 109 CMR 6.03 or the Department of Youth Services' policy regarding restraints and use of force, or a failure to report violations of this policy may result in disciplinary or corrective action.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 7.00 - THE GRANTING OF PASSES FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 7.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
109 CMR 7.00 establishes regulations governing the granting of passes for youth committed to the Department of Youth Services who are placed in secure programs.
(1) Passes are to be utilized to support graduated re-entry to the community consistent with the youth's treatment plan, to allow the youth increasing levels of self-management and aid in the youth's successful transition to the community.
(2) DYS shall have a policy that sets forth the eligibility criteria for passes and outlines the approval processes required for the granting of passes.
(3) DYS may authorize passes when youth committed to the Department are eligible and approved for passes in accordance with the policy in 109 CMR 7.01(2).
(4) The policy in 109 CMR 7.01(2) shall be approved by the Commissioner and reviewed annually by the Department in light of best practices.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 7.00 - THE GRANTING OF PASSES FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 7.02 - Applicability

Current through Register 1525, July 5, 2024
109 CMR 7.00 is applicable to all youth committed to the Department of Youth Services who are in secure placements.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 7.00 - THE GRANTING OF PASSES FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 7.03 - Emergency Pass Procedures

Current through Register 1525, July 5, 2024
(1) An emergency pass may be granted for a youth committed to the Department of Youth Services by the Department in the event of medical emergency or death in the youth's immediate family.
(2) All requests for emergency passes and available relevant documentation shall be reviewed by Regional Administration on an expedited basis and then submitted to the Commissioner or his or her designee for final approval prior to any release of the youth on a pass. An emergency pass must be approved by the Facility Administrator and the appropriate Regional Director or their designee. This approval may be made by telephone; it must be followed by a written request for approval and written confirmation.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 7.00 - THE GRANTING OF PASSES FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 7.04 - Behavior Expected of Youth on Pass

Current through Register 1525, July 5, 2024
A youth granted a pass must agree to abide by the rules established for the pass. Any violation of 109 CMR 7.00, the policy referenced in 109 CMR 7.01(2), or the terms of a pass, may result in the immediate return of the youth to a secure placement.
Failure to return from an unsupervised pass at the time specified may be grounds for the issuance of a warrant of apprehension.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
To establish rules and regulations for the granting and revocation of conditional liberty for youth committed to the Department of Youth Services. The granting of conditional liberty shall be used to enhance the healthy development of the committed youth and enable the youth to return to and succeed as a valued and contributing member of the community.
A youth's conditional liberty may only be revoked after the consideration of reasonable alternatives, including graduated responses for the least amount of time necessary to effectuate the goals of the revocation. The Department will prioritize, explore and promote positive youth interventions in the community as an alternative to placement in a secure placement. Where revocation is necessary, the process will be conducted in a manner that promotes both actual, and the experience of, fairness for a committed youth.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.02 - Applicability

Current through Register 1525, July 5, 2024
109 CMR 8.00 shall apply to all Department and Provider employees as well as to youth committed to the Department who face revocation of conditional liberty. 109 CMR 8.00 shall not apply to any youth otherwise committed to the Department who is held on bail by a court pending the disposition of a new charge or without bail pending the disposition of a probation violation.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.03 - Definitions

Current through Register 1525, July 5, 2024
Conditional Liberty
. The placement of a youth in any community-based setting (including home), contingent upon the youth's agreement to abide by certain predetermined rules.
Conditional Liberty Agreement
. Also known as
Grant of Conditional Liberty
. A written agreement between a youth and the Department that defines rules of conduct a committed youth must comply with in order to remain at liberty in the community.
Emergency
. A situation requiring placement or retention of a youth in a secure placement because:
(a) the youth is at imminent risk for taking actions that will endanger him or herself or other persons; or
(b) the youth's planned Community Placement becomes unavailable without adequate notice to the Department and the Department has no other reasonable community placement options.
Hearing Officer
. An employee of the Department designated by the Commissioner to hold revocation hearings for youth alleged to have violated the terms of their Conditional Liberty Agreement.
Revocation
. The process used, pending a hearing, to remove a youth who has allegedly violated his or her Conditional Liberty Agreement from a Community Based Placement, and place him or her in a secure placement where he or she may remain after a determination at the hearing that the youth violated his or her Conditional Liberty Agreement.
Treatment Plan
. A plan detailing the resources, opportunities, services and goals for each youth, designed to meet his or her developmental and rehabilitative needs and aligned with his or her assessed level of risk, to promote his or her success in the community and public safety.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.04 - Procedure

Current through Register 1525, July 5, 2024
Whenever a youth is released to a community setting as part of a treatment plan, such release is conditional upon the youth's agreement to the specified conditions within his or her Conditional Liberty Agreement. The violation of any condition of the youth's Conditional Liberty Agreement may result in the issuance of a warrant of apprehension and placement of the youth in a secure placement. In cases where treatment longer than 120 days or a specialized placement is indicated for a youth found to have violated his or her Conditional Liberty Agreement, he or she shall be referred to the classification process.
See
109 CMR 4.00:
Classification of Youth Committed to the Department of Youth Services
.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.05 - Conditional Liberty Agreement

Current through Register 1525, July 5, 2024
Prior to any placement in a community-based setting, including home, a youth must agree in writing to abide by specific conditions. Such conditions shall be memorialized in the youth's Conditional Liberty Agreement, which shall meet the following criteria:
(1) The terms set forth in the Conditional Liberty Agreement shall be in accordance with the standards established by the Department. In developing the standards, the Department shall take into account adolescent brain development, and normative adolescent behavior and reflect best practices for juvenile re-entry and Positive Youth Development.
(2) The Conditional Liberty Agreement shall be written in clear and developmentally appropriate language, and be customized to accommodate the cognitive, social-emotional and cultural circumstances of the youth to whom it applies and public safety concerns.
(3) The Department shall afford a youth and his or her legal guardian the opportunity to review and provide input into any Conditional Liberty Agreement prior to its finalization.
(4) The Conditional Liberty Agreement shall be signed by the youth and the youth's Caseworker and/or the relevant District Manager or designee.
(5) A youth's Conditional Liberty Agreement shall be reviewed at least once every four months and updated to remain consistent with the youth's circumstances, capabilities, goals and treatment plan, as well as any emergent public safety concerns.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.06 - Violation of Conditional Liberty Agreement

Current through Register 1525, July 5, 2024
(1) If a Department or Provider employee believes that a youth has not abided by the terms of the Conditional Liberty Agreement, the allegation(s) must be put in writing and submitted to the District Manager for review.
(2) The District Manager or designee, after review of the allegations, may make a preliminary decision to have the youth placed in a Secure Placement pending a hearing, if there is probable cause to believe that the youth has violated one or more of the terms of his or her Conditional Liberty Agreement.
(3) In deciding whether to pursue revocation, the District Manager or designee shall consider factors including, but not limited to:
(a) the youth's committing charge, level of community supervision and assessed risk;
(b) the potential disruption of community services and supports that the youth is engaged in; and
(c) the purpose of the return to a Secure Placement and whether the goals for the youth can be accomplished in a community setting without compromising public safety.
Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES › Section 8.07 - Notice of Violation and Right to Hearing

Current through Register 1525, July 5, 2024
(1) Upon being placed in a secure placement, a youth shall be promptly informed of the alleged violations of his or her Conditional Liberty Agreement and all rights available to him or her by either District Office or Program Staff. Youth shall be afforded access to counsel, either appointed by the Committee for Public Counsel Services or privately retained, and shall be provided the following documentation directly or through counsel:
(a) Documentation of and regarding the alleged violations;
(b) Copies of his or her treatment and service delivery plans;
(c) Documentation regarding his or her history of prior revocation violations and dispositions;
(d) Any other documents or evidence the Department intends to rely on in support of the revocation;
(e) Any additional documentation the youth requests from his or her Department case file in order to assist in his or her defense.