General Laws of Massachusetts - Chapter 119 Protection and Care of Children, and Proceedings Against Them

• Massachusetts General Laws - Declaration of policy; purpose - Chapter 119, Section 1
  It is hereby declared to be the policy of this commonwealth to direct its efforts, first, to the strengthening and encouragement of family life for...
• Massachusetts General Laws - Repealed, 1972, 785, Sec. 6 - Chapter 119, Section 2 to 20
  Repealed, 1972, 785, Sec.
• Massachusetts General Laws - Definitions applicable to Secs. 21 to 51H - Chapter 119, Section 21
  As used in sections 21 to 51H, inclusive, the following words shall have the following meanings, unless the context clearly otherwise requires:--  "51A report'', a report...
• Massachusetts General Laws - Admissibility of evidence; qualified experts - Chapter 119, Section 21A
  Evidence in proceedings under sections 21 to 51H, inclusive, shall be admissible according to the rules of the common law and the General Laws and...
• Massachusetts General Laws - Visitation of family foster homes; removal of child; discharge of child to parent or legal guardian - Chapter 119, Section 22
  An agent of the department shall visit each family foster home, not supervised and approved by a licensed placement agency, at least once a year...
• Massachusetts General Laws - Responsibility of department to provide foster care for children; placement with relatives; funeral expenses; child profile form; extension of support of child until 22 years of age; assignment of support rights; assistance to foster care families - Chapter 119, Section 23
  (a) The department shall have the responsibility, including financial responsibility, for providing foster care for children through its own resources or by use of appropriate...
• Massachusetts General Laws - Children born to inmates of correctional institutions or jails; care and custody - Chapter 119, Section 23A
  Any child born to an inmate of the Massachusetts Correctional Institution, Framingham, or of the Industrial School for Girls at Lancaster, or of a jail...
• Massachusetts General Laws - Services to unwed mothers - Chapter 119, Section 23B
  The department may, through its own resources or the resources of other appropriate agencies, provide services to mothers bearing children out of wedlock.
• Massachusetts General Laws - Procedure to commit child to custody or other disposition; notice and summons; emergency order transferring custody; investigation; abandoned children - Chapter 119, Section 24
  A person may petition under oath the juvenile court alleging on behalf of a child within its jurisdiction that the child: (a) is without necessary...
• Massachusetts General Laws - Hearing; custody of child - Chapter 119, Section 25
  The petition under section 24 may be heard on the merits when a child is taken into custody and brought before the court or may...
• Massachusetts General Laws - Procedure at hearing; order of commitment; petition to dispense with parental consent to adoption; reimbursement of commonwealth; petition for review - Chapter 119, Section 26
  (a) If the child is identified by the court and it appears that the precept and summonses have been duly and legally served, that notice...
• Massachusetts General Laws - Registration of interest for foster care placement; criminal record review - Chapter 119, Section 26A
  When deciding whether to approve or reject a registration of interest for foster care placement, the department shall conduct a review of any misdemeanor offense...
• Massachusetts General Laws - Grandparent visitation; sibling visitation; appeal of decision to deny visitation - Chapter 119, Section 26B
  (a) Whenever a child is placed in family foster care, the court and the department shall ensure that a grandparent of a child who is...
• Massachusetts General Laws - Summary of foster care providers’ employment - Chapter 119, Section 26C
  The department shall provide all children’s foster care agencies acting as agents of the department and that employ foster care providers, a summary of the...
• Massachusetts General Laws - Appeals; procedure; notice of right of appeal; time limits - Chapter 119, Section 27
  A child, parent, guardian or person appearing in behalf of such child, or the department, may appeal from the adjudication of the court and from...
• Massachusetts General Laws - Orders for payment of support; who may bring action; expiration of order or judgment - Chapter 119, Section 28
  (a) During the pendency of an action brought under section 24, temporary orders providing for the support of a child may be entered. The court...
• Massachusetts General Laws - Right to counsel; notice of right; court appointed counsel - Chapter 119, Section 29
  The following persons shall have and shall be informed of the right to counsel, and the court shall appoint counsel for all such persons if...
• Massachusetts General Laws - Legal fees of minors in criminal proceedings; liability of parents - Chapter 119, Section 29A
  The parents of an unemancipated minor shall be liable for such reasonable legal fees and expenses of an attorney representing the minor in criminal proceedings....
• Massachusetts General Laws - Determination of future status of committed children; orders; permanency hearings; appeals - Chapter 119, Section 29B
  [Text of section applicable as provided by 2010, 359, Sec. 133.] (a) Except as provided in subsection (d), within 12 months of the original commitment,...
• Massachusetts General Laws - Judicial certification of need to remove child from home - Chapter 119, Section 29C
  If a court of competent jurisdiction commits, grants custody or transfers responsibility for a child to the department or its agent, the court shall certify...
• Massachusetts General Laws - Notice of hearing - Chapter 119, Section 29D
  The department shall provide notice of hearings held under sections 26, 29B and 39G to a foster parent, pre-adoptive parent or relative providing care for...
• Massachusetts General Laws - Repealed, 1961, 396, Sec. 5 - Chapter 119, Section 30 31
  Repealed, 1961, 396, Sec.
• Massachusetts General Laws - Placement of children in private families; early and periodic screening, diagnostic and treatment standards; individualized health care plan - Chapter 119, Section 32
  Children in the care or custody of the department shall be placed in private families; provided, that any child who upon examination is found to...
• Massachusetts General Laws - Placement of children in family home care - Chapter 119, Section 33
  In placing a child in family home care, the department, or any private charitable or child-care agency, shall consider all factors relevant to the child’s...
• Massachusetts General Laws - [There is no 119:33A.] - Chapter 119, Section 33A
  [There is no
• Massachusetts General Laws - Placement in family home care of juvenile who has or may have committed a sexual offense or arson - Chapter 119, Section 33B
  At the time of placing a child in family home care, but in any event no later that five working days following such placement, the...
• Massachusetts General Laws - Transportation of children in patrol wagons - Chapter 119, Section 34
  A child involved in any proceeding shall not be transported in a patrol wagon from his home or from any other place to any court...
• Massachusetts General Laws - Furnishing parent or guardian information as to child; permission to visit; notice; parents convicted of first degree murder - Chapter 119, Section 35
  If the parent or guardian of a child placed in charge of any person, association or public or private institution by any state department, town...
• Massachusetts General Laws - Bringing child into commonwealth with view to adoption, guardianship, custody or care; permit; application; bond - Chapter 119, Section 36
  No person or institution shall bring or cause to be brought into the commonwealth, or receive therein, from any other state, province or country, any...
• Massachusetts General Laws - Rules and regulations of department - Chapter 119, Section 37
  The department shall make rules and regulations concerning the administration of its duties.
• Massachusetts General Laws - Closed hearings; publication of names - Chapter 119, Section 38
  All hearings under sections 1 to 38A, inclusive, except those related to court orders to not resuscitate or to withdraw life-sustaining medical treatment for children...
• Massachusetts General Laws - Petitions for order to not resuscitate or to withdraw life-sustaining medical treatment; required recommendations; appeals - Chapter 119, Section 38A
  In any proceedings related to court orders to not resuscitate or to withdraw life-sustaining medical treatment, the department or the party petitioning for the order...
• Massachusetts General Laws - Abandonment of infant under age of ten - Chapter 119, Section 39
  Whoever abandons an infant under the age of ten within or without any building, or, being its parent, or being under a legal duty to...
• Massachusetts General Laws - Placement of a newborn into foster care - Chapter 119, Section 391/2
  Subject to appropriation, the department shall accept for placement into foster care any newborn infant 7 days of age or less that is voluntarily placed...
• Massachusetts General Laws - Repealed, 1973, 1076, Sec. 6 - Chapter 119, Section 39A to 39C
  Repealed, 1973, 1076, Sec.
• Massachusetts General Laws - Visitation rights to certain grandparents of unmarried minor children; place to file petition - Chapter 119, Section 39D
  If the parents of an unmarried minor child are divorced, married but living apart, under a temporary order or judgment of separate support, or if...
• Massachusetts General Laws - Petitions seeking determination that child is in need of services; jurisdiction; standing - Chapter 119, Section 39E
  The divisions of the juvenile court department may receive and hear requests for assistance stating that there is a child requiring assistance or a family...
• Massachusetts General Laws - Right to counsel; determination of indigency; assessment of costs - Chapter 119, Section 39F
  When an application for assistance stating the a child and family are in need of assistance is initiated the child shall be informed that he...
• Massachusetts General Laws - Hearing; determination of child requiring assistance - Chapter 119, Section 39G
  At any hearing to determine whether a child and family require assistance, said child and the child’s attorney shall be present and the parent, legal...
• Massachusetts General Laws - Custodial protection of child; notification and placement; bail; detention; right of appeal - Chapter 119, Section 39H
  A child may be taken into custodial protection for engaging in the behavior described in the definition of “Child requiring assistance” in section 21, only...
• Massachusetts General Laws - Appeal; rights and procedures - Chapter 119, Section 39I
  [ Text of section effective until October 29, 2013. For text effective October 29, 2013, see below.]  Section 39I. A child, parent, legal guardian or custodian...
• Massachusetts General Laws - Repealed, 2012, 240, Sec. 32 - Chapter 119, Section 39J
  Repealed, 2012, 240, Sec.
• Massachusetts General Laws - Child welfare service needs of sexually exploited children - Chapter 119, Section 39K
  (a) Notwithstanding any general or special law to the contrary, the department of children and families, in collaboration with the department of mental health and...
• Massachusetts General Laws - Children in violation of prohibition against common night walking or common streetwalking; petition for care and protection; appointment of guardian ad litem; stay of juvenile delinquency or criminal proceedings; failure of child to comply with requirements - Chapter 119, Section 39L
  (a) Before or after arraignment in any juvenile delinquency or criminal proceeding against a sexually exploited child alleging that such juvenile or such defendant violated...
• Massachusetts General Laws - Repealed, 1954, 646, Sec. 1 - Chapter 119, Section 40 to 51
  Repealed, 1954, 646, Sec.
• Massachusetts General Laws - Reporting of suspected abuse or neglect; mandated reporters; collection of physical evidence; penalties; content of reports; liability; privileged communication - Chapter 119, Section 51A
  (a) A mandated reporter who, in his professional capacity, has reasonable cause to believe that a child is suffering physical or emotional injury resulting from:...
• Massachusetts General Laws - Investigation of report of abuse filed under Sec. 51A; removal of child; transmission and filing of written reports; notice to district attorney; disclosure of information by mandated reporter - Chapter 119, Section 51B
  (a) Upon receipt of a report filed under section 51A, the department shall investigate the suspected child abuse or neglect, provide a written evaluation of...
• Massachusetts General Laws - Custody of injured child pending transfer to department or pending hearing - Chapter 119, Section 51C
  If a parent or other person requests the release from a hospital of a child reported pursuant to section fifty-one A, the presiding judge of...
• Massachusetts General Laws - Powers and duties of area directors; multi-disciplinary service teams - Chapter 119, Section 51D
  Each area director of the department shall be responsible for implementing subsection (k) of section 51B. Each area director shall, in cooperation with the appropriate...
• Massachusetts General Laws - Reports of injured children; files; confidentiality; penalties - Chapter 119, Section 51E
  The department shall maintain a file of the written reports prepared under this section and sections 51A to 51D, inclusive. These written reports shall be...
• Massachusetts General Laws - Central registry of information; confidentiality; penalties - Chapter 119, Section 51F
  The department shall maintain a central registry of information sufficient to identify children whose names are reported under sections 51A to 51B. Data and information...
• Massachusetts General Laws - Severability of Secs. 51A to 51F - Chapter 119, Section 51G
  Sections fifty-one A to fifty-one F, inclusive, are severable and the invalidity of any of said sections shall not affect the continuing validity of any...
• Massachusetts General Laws - Protective alerts; transport of child to another state or country - Chapter 119, Section 51H
  Notwithstanding any general or special law to the contrary, the department may send to, or receive from, any other state or country a protective alert...
• Massachusetts General Laws - Definitions - Chapter 119, Section 52
  The following words as used in the following sections shall, except as otherwise specifically provided, have the following meanings:  "Court'', a division of the juvenile court...
• Massachusetts General Laws - Liberal construction; nature of proceedings - Chapter 119, Section 53
  Sections fifty-two to sixty-three, inclusive, shall be liberally construed so that the care, custody and discipline of the children brought before the court shall approximate...
• Massachusetts General Laws - Complaint; indictment; examination of complainant; summons; warrant - Chapter 119, Section 54
  [ First paragraph effective until September 18, 2013. For text effective September 18, 2013, see below.]If complaint is made to any court that a child...
• Massachusetts General Laws - Summoning of parent or guardian - Chapter 119, Section 55
  If a child has been summoned to appear or is brought before such court upon a warrant, as provided in section fifty-four, a summons shall...
• Massachusetts General Laws - Jury trials; discovery orders; jury-waived trials; appointment of stenographer - Chapter 119, Section 55A
  Trial of a child complained of as a delinquent child or indicted as a youthful offender in a division of the juvenile court department shall...
• Massachusetts General Laws - Plea; disposition request; pretrial motions - Chapter 119, Section 55B
  A child who is before the juvenile court on a delinquency complaint or an indictment within the court’s jurisdiction shall plead not delinquent, or that...
• Massachusetts General Laws - Adjournments; jury sessions; appointment of stenographer - Chapter 119, Section 56
  Hearings upon cases arising under sections fifty-two to eighty-four, inclusive, may be adjourned from time to time; provided however, that no adjournment shall exceed fifteen...
• Massachusetts General Laws - Investigation by probation officer; record of performance; reports - Chapter 119, Section 57
  Every case of a delinquent child shall be investigated by the probation officer, who shall make a report regarding the character of such child, his...
• Massachusetts General Laws - Adjudication as delinquent child or youthful offender - Chapter 119, Section 58
  [ First and second paragraphs effective until September 18, 2013. For text effective September 18, 2013, see below.]At the hearing of a complaint against a...
• Massachusetts General Laws - Repealed, 1948, 310, Sec. 5 - Chapter 119, Section 58A
  Repealed, 1948, 310, Sec.
• Massachusetts General Laws - Motor vehicle violations; disposition; admissibility of adjudication and disposition as evidence in other proceedings - Chapter 119, Section 58B
  If, under the provisions of section fifty-eight, a child is adjudged a delinquent child by reason of having violated any statute, by-law, ordinance or regulation...
• Massachusetts General Laws - Violation of terms of probation - Chapter 119, Section 59
  If a child has been placed in care of a probation officer, said officer, at any time before the final disposition of the case, may...
• Massachusetts General Laws - Admissibility of adjudication in subsequent proceeding; disqualification for public service - Chapter 119, Section 60
  An adjudication of any child as a delinquent child under sections fifty-two to fifty-nine, inclusive, or any disposition thereunder of any child so adjudicated, or...
• Massachusetts General Laws - Inspection of records in youthful offender and delinquency cases - Chapter 119, Section 60A
  The records of a youthful offender proceeding conducted pursuant to an indictment shall be open to public inspection in the same manner and to the...
• Massachusetts General Laws - Repealed, 1996, 200, Sec. 7 - Chapter 119, Section 61
  Repealed, 1996, 200, Sec.
• Massachusetts General Laws - Restitution or reparation by child to injured person - Chapter 119, Section 62
  If, in adjudging a person a delinquent child, the court finds, as an element of such delinquency, that he has committed an act involving liability...
• Massachusetts General Laws - Inducing or abetting delinquency of child - Chapter 119, Section 63
  Any person who shall be found to have caused, induced, abetted, or encouraged or contributed toward the delinquency of a child, or to have acted...
• Massachusetts General Laws - Aiding and abetting violation of juvenile court order; concealing or harboring child; penalties; defenses - Chapter 119, Section 63A
  [ First paragraph effective until September 18, 2013. For text effective September 18, 2013, see below.]Whoever is 19 years of age or older and: (i)...
• Massachusetts General Laws - Powers of commissioner of probation; annual report - Chapter 119, Section 64
  The commissioner of probation may supervise the probation work for delinquent children, and make necessary inquiries in regard to the same, and in his annual...
• Massachusetts General Laws - Juvenile sessions; presence of minors; exclusion of public - Chapter 119, Section 65
  [ Text of section effective until September 18, 2013. For text effective September 18, 2013, see below.]Courts shall designate suitable times for the hearing of...
• Massachusetts General Laws - Detention of child in police station; commitment to jail, house of correction or state farm - Chapter 119, Section 66
  [ Text of section effective until September 18, 2013. For text effective September 18, 2013, see below.]Except as otherwise provided in section sixty-seven and in...
• Massachusetts General Laws - Notice of arrest of child to probation officer and parent or guardian; detention - Chapter 119, Section 67
  [ Text of section effective until September 18, 2013. For text effective September 18, 2013, see below.]Except for children in need of service arrested pursuant...
• Massachusetts General Laws - Commitment of children held for examination or trial - Chapter 119, Section 68
  [ First paragraph effective until September 18, 2013. For text effective September 18, 2013, see below.]A child who has attained the age of seven but...
• Massachusetts General Laws - Diagnostic study by department of youth services; report and recommendations - Chapter 119, Section 68A
  [ Text of section effective until September 18, 2013. For text effective September 18, 2013, see below.]A child between seven and seventeen years of age,...
• Massachusetts General Laws - Special foster homes; detention homes; alternate placements of child - Chapter 119, Section 68B
  The department of youth services may use or provide special foster homes and places of temporary custody commonly referred to as detention homes, at various...
• Massachusetts General Laws - Diagnostic services by department of youth services - Chapter 119, Section 68C
  The department of youth services shall maintain and provide diagnostic services for the purpose of providing the diagnostic studies and making the reports and recommendations...
• Massachusetts General Laws - Information and reports of superintendents of schools and teachers - Chapter 119, Section 69
  The superintendent of the public schools in any town, any teacher therein, and any person in charge of a private school, or any teacher therein,...
• Massachusetts General Laws - Information of probation officers, police and school authorities - Chapter 119, Section 69A
  When a person has been committed to the department of youth services, the court, the probation officers, and other public and police authorities, the school...
• Massachusetts General Laws - Summoning of parent or guardian during case - Chapter 119, Section 70
  [ Text of section effective until September 18, 2013. For text effective September 18, 2013, see below.]At any time during the pendency of any case...
• Massachusetts General Laws - Failure to appear on summons; capias - Chapter 119, Section 71
  If any person to whom a summons is issued under the preceding section or section forty-two or fifty-five fails to appear in response to such...
• Massachusetts General Laws - Continuance of jurisdiction of courts in juvenile sessions - Chapter 119, Section 72
  [ First paragraph of subsection (a) effective until September 18, 2013. For text effective September 18, 2013, see below.](a) The divisions of the juvenile court...
• Massachusetts General Laws - Proceedings upon apprehension after eighteenth birthday - Chapter 119, Section 72A
  [ Text of section effective until September 18, 2013. For text effective September 18, 2013, see below.]If a person commits an offense or violation prior...
• Massachusetts General Laws - Persons between the ages of fourteen and eighteen convicted of murder; penalties - Chapter 119, Section 72B
  [ First and second paragraphs effective until September 18, 2013. For text effective September 18, 2013, see below.]If a person is found guilty of murder...
• Massachusetts General Laws - Repealed, 1964, 308, Sec. 5 - Chapter 119, Section 73
  Repealed, 1964, 308, Sec.
• Massachusetts General Laws - Limitations on criminal proceedings against children - Chapter 119, Section 74
  [ First paragraph effective until September 18, 2013. For text effective September 18, 2013, see below.]Except as hereinafter provided and as provided in sections fifty-two...
• Massachusetts General Laws - Repealed, 1975, 840, Sec. 2A - Chapter 119, Section 75
  Repealed, 1975, 840, Sec.
• Massachusetts General Laws - Repealed, 1964, 308, Sec. 5 - Chapter 119, Section 76 to 82
  Repealed, 1964, 308, Sec.
• Massachusetts General Laws - Repealed, 1996, 200, Sec. 16 - Chapter 119, Section 83
  Repealed, 1996, 200, Sec.
• Massachusetts General Laws - Warrant of commitment to department of youth services - Chapter 119, Section 84
  Whenever a person is committed to the department of youth services by a court under section fifty-six, fifty-eight or eighty-three, a warrant of commitment shall...
• Massachusetts General Laws - Department employees reporting animal cruelty, abuse or neglect; immunity from liability - Chapter 119, Section 85
  (a) During any investigation or evaluation reported under section 51A, any employee of the department or person employed pursuant to a contract with the department,...

Last modified: September 11, 2015