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 he should not be adjudged as a youthful offender, as the case may be. Such plea shall be submitted by the child and acted upon by the court; provided, however, that a child with whom the commonwealth cannot reach agreement for a recommended disposition shall be allowed to tender a plea together with a request for a specific disposition. Such request may include any disposition or dispositional terms within the court's jurisdiction, including, unless otherwise prohibited by law, a disposition request that a finding not be entered, but rather the case be continued without a finding to a specific date thereupon to be dismissed, such continuance conditioned upon compliance with specific terms and conditions or that the child be placed on probation pursuant to the provisions of section 57; provided, however, that a complaint alleging a child to be a delinquent child by reason of having violated the provisions of section 13B, 13B.5, 13B.75, section 22A, 22B, 22C or section 23, 23A, 23B or section 50 of chapter 265 shall not be placed on file or continued without a finding. If a plea, with an agreed upon recommendation or with a disposition request by the child, is tendered, the court shall inform the child that it will not impose a disposition that exceeds the terms of the agreed upon recommendation or the disposition request by the child, whichever is applicable, without giving the child the right to withdraw the plea.
Notwithstanding the foregoing requirements, if a child attempts to enter a plea or statement consisting of an admission of facts sufficient for a finding of delinquency or adjudication as a youthful offender, or some similar statement, such admission shall be deemed a tender of plea for purposes of the procedures set forth in this section.
Any pretrial motion filed in a delinquency case or case in which the commonwealth has proceeded by indictment pending in the juvenile court and decided before entry of the child's decision on waiver of the right to jury trial shall not be refiled or reheard thereafter, except in the discretion of the court as substantial justice requires. Any such pretrial motion not filed or filed but not decided prior to entry of the child's decision on waiver of the right to jury trial may be filed thereafter but not later than twenty-one days after entry of said decision on waiver of the right to jury trial, except for good cause shown.
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