Massachusetts General Laws
Chapter 119 - Protection and Care of Children, and Proceedings Against Them
Section 21 - Definitions Applicable to Secs. 21 to 51h

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 filed with the department under section 51A that details suspected child abuse or neglect.
''Advocate'', an employee of a governmental or non-governmental organization or entity providing appropriate services, or a similar employee of the department of children and families who has been trained to work and advocate for the needs of sexually exploited children.
''Appropriate services'', the assessment, planning and care provided by a state agency or non-governmental organization or entity, through congregate care facilities, whether publicly or privately funded, emergency residential assessment services, family-based foster care or the community, including food, clothing, medical care, counseling and appropriate crisis intervention services, provided: (i) that such agency, organization or entity has expertise in providing services to sexually exploited children or children who are otherwise human trafficking victims; and (ii) that such services are provided in accordance with such regulations that the department of children and families may adopt or the policies of such department.
''Child'', a person under the age of 18.
''Child advocate'', the child advocate appointed under chapter 18C.
''Child requiring assistance'', a child between the ages of 6 and 18 who: (i) repeatedly runs away from the home of the child's parent, legal guardian or custodian; (ii) repeatedly fails to obey the lawful and reasonable commands of the child's parent, legal guardian or custodian, thereby interfering with their ability to adequately care for and protect the child; (iii) repeatedly fails to obey the lawful and reasonable regulations of the child's school; (iv) is habitually truant; or (v) is a sexually exploited child.
''Commissioner'', the commissioner of children and families.
''Custody'', the power to: (1) determine a child's place of abode, medical care and education; (2) control visits to a child; and (3) consent to enlistments, marriages and other contracts otherwise requiring parental consent. If a parent or guardian objects to the carrying out of any power conferred by this paragraph, that parent or guardian may take application to the committing court and the court shall review and make an order on the matter.
''Department'', the department of children and families.
''Family requiring assistance'', a parent, guardian, custodian, sibling and any relative or caretaker responsible for a child requiring assistance.
''Habitually truant'', a school-aged child, not excused from attendance under the lawful and reasonable regulations of such child's school, who willfully fails to attend school for more than 8 school days in a quarter.
''Mandated reporter'', a person who is: (i) a physician, medical intern, hospital personnel engaged in the examination, care or treatment of persons, medical examiner, psychologist, emergency medical technician, dentist, nurse, chiropractor, podiatrist, optometrist, osteopath, allied mental health and human services professional licensed under section 165 of chapter 112, drug and alcoholism counselor, psychiatrist or clinical social worker; (ii) a public or private school teacher, educational administrator, guidance or family counselor, child care worker, person paid to care for or work with a child in any public or private facility, or home or program funded by the commonwealth or licensed under chapter 15D that provides child care or residential services to children or that provides the services of child care resource and referral agencies, voucher management agencies or family child care systems or child care food programs, licensor of the department of early education and care or school attendance officer; (iii) a probation officer, clerk-magistrate of a district court, parole officer, social worker, foster parent, firefighter, police officer or animal control officer; (iv) a priest, rabbi, clergy member, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, person performing official duties on behalf of a church or religious body that are recognized as the duties of a priest, rabbi, clergy, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, or person employed by a church or religious body to supervise, educate, coach, train or counsel a child on a regular basis; (v) in charge of a medical or other public or private institution, school or facility or that person's designated agent; or (vi) the child advocate.
''Parent'', a mother or father, unless another relative has been designated as a parent as defined in section 1 of chapter 118 for the purposes of receiving benefits from the department of transitional assistance.
''Reasonable and prudent parent standard'', the standard characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child and encourage the emotional and developmental growth of the child; provided, however, that factors to be considered shall include, but not be limited to, the child's age, the child's mental and behavioral health and other relevant factors that may affect the child's safety and well-being.
''Relative'', the father or mother of a child; a stepfather, stepmother, stepbrother, stepsister, or any blood relative of a child, including those of the half blood, except cousins who are more distantly related than first cousins; any adoptive relative of equal propinquity to the foregoing; or a spouse of any such persons.
''Serious bodily injury'', bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
''Sexually exploited child'', any person under the age of 18 who has been subjected to sexual exploitation because such person:
(1) is the victim of the crime of sexual servitude pursuant to section 50 of chapter 265 or is the victim of the crime of sex trafficking as defined in 22 United States Code 7105;
(2) engages, agrees to engage or offers to engage in sexual conduct with another person in return for a fee, in violation of subsection (a) of section 53A of chapter 272, or in exchange for food, shelter, clothing, education or care;
(3) is a victim of the crime, whether or not prosecuted, of inducing a minor into prostitution under by section 4A of chapter 272; or
(4) engages in common night walking or common streetwalking under section 53 of chapter 272.
''Young adult'', a person between the ages of 18 and 22.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XVII - Public Welfare

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

Section 1 - Declaration of Policy; Purpose

Section 21 - Definitions Applicable to Secs. 21 to 51h

Section 21a - Admissibility of Evidence; Qualified Experts

Section 22 - Visitation of Family Foster Homes; Removal of Child; Discharge of Child to Parent or Legal Guardian

Section 23 - 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 Car...

Section 23a - Children Born to Inmates of Correctional Institutions or Jails; Care and Custody

Section 23b - Services to Unwed Mothers

Section 24 - Procedure to Commit Child to Custody or Other Disposition; Notice and Summons; Emergency Order Transferring Custody; Investigation; Abandoned Children

Section 25 - Hearing; Custody of Child

Section 26 - Procedure at Hearing; Order of Commitment; Petition to Dispense With Parental Consent to Adoption; Reimbursement of Commonwealth; Petition for Review

Section 26a - Registration of Interest for Foster Care Placement; Criminal Record Review; Fingerprint-Based Checks; Grounds for Rejection

Section 26b - Grandparent Visitation; Sibling Visitation; Appeal of Decision to Deny Visitation

Section 26c - Summary of Foster Care Providers' Employment

Section 27 - Appeals; Procedure; Notice of Right of Appeal; Time Limits

Section 28 - Orders for Payment of Support; Who May Bring Action; Expiration of Order or Judgment

Section 29 - Right to Counsel; Notice of Right; Court Appointed Counsel

Section 29a - Legal Fees of Minors in Criminal Proceedings; Liability of Parents

Section 29b - Determination of Future Status of Committed Children; Orders; Permanency Hearings; Appeals

Section 29c - Judicial Certification of Need to Remove Child From Home

Section 29d - Notice of Hearing

Section 32 - Placement of Children in Private Families; Early and Periodic Screening, Diagnostic and Treatment Standards; Individualized Health Care Plan

Section 33 - Placement of Children in Family Home Care

Section 33b - Placement in Family Home Care of Juvenile Who Has or May Have Committed a Sexual Offense or Arson

Section 33c - Congregate Care Program; Reasonable and Prudent Parent Standard

Section 34 - Transportation of Children in Patrol Wagons

Section 35 - Furnishing Parent or Guardian Information as to Child; Permission to Visit; Notice; Parents Convicted of First Degree Murder

Section 36 - Bringing Child Into Commonwealth With View to Adoption, Guardianship, Custody or Care; Permit; Application; Bond

Section 37 - Rules and Regulations of Department

Section 38 - Closed Hearings; Publication of Names

Section 38a - Petitions for Order to Not Resuscitate or to Withdraw Life-Sustaining Medical Treatment; Required Recommendations; Appeals

Section 39 - Abandonment of Infant Under Age of Ten

Section 391/2 - Placement of a Newborn Into Foster Care

Section 39d - Visitation Rights to Certain Grandparents of Unmarried Minor Children; Place to File Petition

Section 39e - Petitions Seeking Determination That Child Is in Need of Services; Jurisdiction; Standing

Section 39f - Children in Need of Services; Right to Counsel; Determination of Indigency; Assessment of Costs

Section 39g - Hearing; Determination of Child Requiring Assistance

Section 39h - Custodial Protection of Child; Notification and Placement; Bail; Detention; Right of Appeal

Section 39i - Children in Need of Services; Appeal; Rights and Procedures

Section 39k - Child Welfare Service Needs of Sexually Exploited Children

Section 39l - 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 Com...

Section 39m - Dependency Proceedings for Abused, Neglected and Abandoned Children; Determination of Child's Best Interest; Petition for Special Findings

Section 51a - Reporting of Suspected Abuse or Neglect; Mandated Reporters; Collection of Physical Evidence; Penalties; Content of Reports; Liability; Privileged Communication

Section 51b - 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

Section 51c - Custody of Injured Child Pending Transfer to Department or Pending Hearing

Section 51d - Powers and Duties of Area Directors; Multi-Disciplinary Service Teams

Section 51e - Reports of Injured Children; Files; Confidentiality; Penalties

Section 51f - Central Registry of Information; Confidentiality; Penalties

Section 51g - Severability of Secs. 51a to 51f

Section 51h - Protective Alerts; Transport of Child to Another State or Country

Section 52 - Delinquent Children; Definitions

Section 53 - Delinquent Children; Liberal Construction; Nature of Proceedings

Section 54 - Delinquent Children; Complaint; Indictment; Examination of Complainant

Section 54a - Delinquent Children; Diversion of Child to Program of Community Supervision or Other Rehabilitative Services; Assessment of Suitability for Diversion; Determination of Eligibility; Diversion of Child by District Attorney; Subsequent Off...

Section 55 - Delinquent Children; Summoning of Parent or Guardian

Section 55a - Delinquent Children; Jury Trials; Discovery Orders; Jury-Waived Trials; Appointment of Stenographer

Section 55b - Delinquent Children; Plea; Disposition Request; Pretrial Motions

Section 56 - Delinquent Children; Adjournments; Jury Sessions; Appointment of Stenographer

Section 57 - Delinquent Children; Investigation by Probation Officer; Record of Performance; Reports

Section 58 - Adjudication as Delinquent Child or Youthful Offender

Section 58b - Delinquent Children; Motor Vehicle Violations; Disposition; Admissibility of Adjudication and Disposition as Evidence in Other Proceedings

Section 59 - Delinquent Children; Violation of Terms of Probation

Section 60 - Delinquent Children; Admissibility of Adjudication in Subsequent Proceeding; Disqualification for Public Service

Section 60a - Inspection of Records in Youthful Offender and Delinquency Cases

Section 62 - Delinquent Children; Restitution or Reparation by Child to Injured Person

Section 63 - Inducing or Abetting Delinquency of Child

Section 63a - Delinquent Children; Aiding and Abetting Violation of Juvenile Court Order; Concealing or Harboring Child; Penalties; Defenses

Section 64 - Delinquent Children; Powers of Commissioner of Probation; Annual Report

Section 65 - Juvenile Sessions; Presence of Minors; Exclusion of Public

Section 66 - Detention of Child in Police Station; Commitment to Jail, House of Correction or State Farm

Section 67 - Notice of Arrest of Child; Release Upon Promise of Child's Appearance in Court; Detention

Section 68 - Commitment of Children Held for Examination or Trial

Section 68a - Diagnostic Study by Department of Youth Services; Report and Recommendations

Section 68b - Special Foster Homes; Detention Homes; Alternate Placements of Child

Section 68c - Diagnostic Services by Department of Youth Services

Section 69 - Information and Reports of Superintendents of Schools and Teachers

Section 69a - Information of Probation Officers, Police and School Authorities

Section 70 - Summoning of Parent or Guardian During Case

Section 71 - Failure to Appear on Summons; Capias

Section 72 - Continuance of Jurisdiction of Courts in Juvenile Sessions

Section 72a - Proceedings Upon Apprehension After Nineteenth Birthday

Section 72b - Persons Between the Ages of Fourteen and Eighteen Convicted of Murder; Penalties

Section 74 - Limitations on Criminal Proceedings Against Children

Section 84 - Warrant of Commitment to Department of Youth Services

Section 85 - Department Employees Reporting Animal Cruelty, Abuse or Neglect; Immunity From Liability

Section 86 - Use of Restraints During Court Proceedings

Section 87 - Placement of Juvenile in Secure Detention Facility or Secure Correctional Facility or in Any Institution in Which Juvenile Has Contact With Adult Inmates

Section 88 - Participation in Community-Based Restorative Justice Program

Section 89 - Juvenile Justice Policy and Data Board