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 the person is not able to retain counsel: (i) an adult who is under the responsibility of the department under clause (1) of subsection (a) of section 23; (ii) a child who is before the court under clauses (1) and (3) of said subsection (a) of said section 23, sections 24 to 27, inclusive, or section 29B; (iii) a child in a custody proceeding where the department or a licensed placement agency is a party; and (iv) any young adult to whom subsection (f) of section 23 applies.
Whenever the department or a licensed child placement agency is a party to child custody proceedings, the parent, guardian or custodian of the child, or a parent or guardian of an adult who is the responsibility of the department under clause (3) of subsection (a) of section 23: (i) shall have and be informed of the right to counsel at all such hearings, including proceedings under sections 5–201, 5–204 or 5–206 of chapter 190B, and that the court shall appoint counsel if the parent, guardian or custodian is financially unable to retain counsel; and (ii) shall have and be informed of the right to a service plan or case plan for the child and the child's family, or an adult who is the responsibility of the department under clause (3) of subsection (a) of section 23, which complies with applicable state and federal laws and regulations for these plans. Any young adult to whom subsection (f) of section 23 applies is also entitled to such service plan or case plan. The probate and family court and the juvenile court departments of the trial court shall establish procedures for: (i) notifying the parent, guardian or custodian of these rights; and (ii) appointing counsel for an indigent parent, guardian or custodian within 14 days of a licensed child placement agency filing or appearing as a party in any such action. The department or agency shall provide a copy of the service or case plan to the parent, guardian or custodian of the child or of an adult who is the responsibility of the department under clause (3) of subsection (a) of section 23, or to an adult who is the responsibility of the department under clause (3) of subsection (a) of section 23 or section 5–305 of chapter 190B, or any young adult to whom subsection (f) of section 23 applies and to the attorneys for all parties appearing in the proceeding within 45 days of the department or agency filing an appearance in such proceeding. Thereafter, any party may have the original or changed plan introduced as evidence, and with the consent of all parties the plan shall be filed with the court. Notwithstanding this section, the court may make such temporary orders as may be necessary to protect the adult who is under the responsibility of the department under clause (3) of subsection (a) of section 23 or the child and society.
The department, upon its request, shall be represented by the district attorney for the district in which the case is being heard.
Structure Massachusetts General Laws
Part I - Administration of the Government
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 23a - Children Born to Inmates of Correctional Institutions or Jails; Care and Custody
Section 23b - Services to Unwed Mothers
Section 25 - Hearing; Custody of Child
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 29c - Judicial Certification of Need to Remove Child From Home
Section 29d - Notice of Hearing
Section 33 - Placement of Children in Family Home Care
Section 33c - Congregate Care Program; Reasonable and Prudent Parent Standard
Section 34 - Transportation of Children in Patrol Wagons
Section 37 - Rules and Regulations of Department
Section 38 - Closed Hearings; Publication of Names
Section 39 - Abandonment of Infant Under Age of Ten
Section 391/2 - Placement of a Newborn Into Foster Care
Section 39g - Hearing; Determination of Child Requiring Assistance
Section 39i - Children in Need of Services; Appeal; Rights and Procedures
Section 39k - Child Welfare Service Needs of Sexually Exploited Children
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 55 - Delinquent Children; Summoning of Parent or Guardian
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 59 - Delinquent Children; Violation of Terms of Probation
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 64 - Delinquent Children; Powers of Commissioner of Probation; Annual Report
Section 65 - Juvenile Sessions; Presence of Minors; Exclusion of Public
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 86 - Use of Restraints During Court Proceedings
Section 88 - Participation in Community-Based Restorative Justice Program