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 be issued to at least one of its parents, if either of them is known to reside within the commonwealth, and, if there is no such parent, then to its lawful guardian, if there is one known to be so resident, and if not, then to the person with whom such child resides, if known. Said summons shall require the person served to appear at a time and place stated therein, and show cause why such child should not be adjudged a delinquent child and why it is not in such child's best interest that he be removed from his home and whether reasonable efforts were made to prevent or eliminate the need for removal from his home. If there is no such parent, guardian or person who can be summoned as aforesaid, the court may appoint a suitable person to act for such child. A parent, guardian or person with whom such child resides who is summoned to appear before the court to show cause why such child shall not be adjudged a delinquent child by reason of having committed the offense of wilful or malicious destruction or wanton destruction of property, in violation of the provisions of section one hundred and twenty-seven or one hundred and twenty-seven A of chapter two hundred and sixty-six, and who wilfully fails to so appear shall be punished by a fine of not less than two hundred nor more than three hundred dollars.
If such child is summoned, the time for appearance fixed in the summons to a parent, guardian or other person, as herein provided, shall, when practicable, be that fixed for the appearance of said child.
A summons required by this and said section fifty-four, unless service thereof is waived in writing, shall be served by a constable or police officer, by delivering it personally to the person to whom addressed, or by leaving it with a person of proper age to receive the same, at the place of residence or business of such person; and said constable or officer shall immediately make return to the court of the time and manner of the service.
If the court shall be of the opinion that the interests of the child require the attendance at any proceedings of an agent of the department of youth services and shall request such attendance by reasonable notice to the commissioner of youth services, such agent shall attend to protect the interests of said child.
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