Section 5. (a) When a person has been committed to the department of youth services, it shall, under rules established by it, forthwith examine and study him and investigate all pertinent circumstances of his life and behavior.
(b) The department of youth services shall make periodic reexamination of all persons within its control. These examinations may be made as frequently as the department considers desirable, and shall be made with respect to every person at intervals not exceeding one year.
(c) The department of youth services shall keep written records of all examinations and of the conclusions based thereon, and of all orders concerning the disposition or treatment of every person subject to its control.
(d) Failure of the department of youth services to examine a person committed to it, or to reexamine him within one year of a previous examination, shall not of itself entitle the person to discharge from the control of the department, but shall entitle him to petition the committing court for an order of discharge, and the court shall discharge him unless the department upon due notice satisfies the court of the necessity for further control.
(e) Within eighteen months of the original commitment of a child to the department by a court of competent jurisdiction, and periodically thereafter, the committing court shall reconvene upon petition of the department, in accordance with rules established by the chief administrative judge of the trial court, to determine the future status of the child as to whether or not it is in the child's best interests to be returned to his home. All such determinations shall indicate whether, after the departmental placement of the child, reasonable efforts were made to make it possible for the child to return to his home.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 120 - Department of Youth Services and Massachusetts Training Schools
Section 1 - Corporate Status of Department of Youth Services; Holding and Investing Trust Funds
Section 3 - Appointment of Superintendents, Chaplains and Physicians
Section 4 - Rules and Regulations; By-Laws
Section 5 - Examination and Study of Children Committed; Re-Examinations; Records; Discharge
Section 6a - Correction of Socially Harmful Tendencies
Section 7 - Powers and Duties of Superintendent
Section 8 - Bond and Accounts of Superintendents; Accounting to Commissioner of Youth Services
Section 10b - Involuntary Room Confinement Prohibited
Section 12 - Release Under Supervision; Placement Into Families or Homes
Section 13 - Escape; Breach of Parole; Arrest; Detention
Section 13a - Compensation for Property Damage Caused by Inmates; Notice of Damage; Claim; Filing
Section 15 - Transfers From Massachusetts Reformatory and Reformatory for Women
Section 16 - Discharge of Persons Committed as Delinquent Child or Youthful Offender
Section 17 - Control Beyond Age Limit; Persons Physically Dangerous to Public
Section 18 - Notice of Application for Review of Order; Hearing; Appointment of Counsel; Court Order
Section 19 - Continued Control; Later Discharge; Transfer to Appropriate Institutions
Section 22 - Inquiry Into Effectiveness of Treatment Methods; Information; Annual Report; Contents
Section 23 - Power of Department to Act as Guardian of Children
Section 23a - Disposition of Unclaimed Money Held for Former Ward; Records
Section 24 - Expenditure of Gifts