Contents

Massachusetts Laws

Juvenile Court

Court Rules

Forms

Selected Cases

Web Sources


Massachusetts Laws

Child Requiring Assistance (formerly Children in Need of Services (CHINS))

MGL c.119, s.21
MGL c.119, s.39E-39J
St.2012, c.240

Delinquent Children

MGL c.119, s.52-74  

St. 2013, Ch. 84
An Act Expanding Juvenile Jurisdiction. Places 17-year-olds accused of crimes under the jurisdiction of the state’s juvenile courts

St.2014, c.189  
Juvenile Life Sentences for First Degree Murder. Amends existing law to permit parole for juveniles serving life sentences for first degree murder.

Juvenile Court

Massachusetts Juvenile Court Department

Court Rules

Juvenile Court Rules

Forms

Juvenile Court Forms

Selected Cases

Comm. v. Gavin G. , 437 Mass. 470 (2002)
"The SJC held that while Juvenile Court judges do have the authority to order expungement of police records, no such authority exists to order expungement of probation records."

Comm. v. Smith , 471 Mass. 161 (2015)
Going forward, seventeen year olds "must be afforded a meaningful opportunity to consult with an interested adult before waiving Miranda rights."

Deal v. Commissioner of Correction , 475 Mass. 307 (2016)
Dept. of Correction must consider juvenile homicide offenders' suitability for minimum security classification on a case-by-case basis. Describes the classification process in great detail.

Diatchenko v. District Attorney for the Suffolk Dist. , 466 Mass. 655 (2013)
The SJC concluded "that the imposition of a sentence of life without the possibility of parole on juveniles who are under the age of eighteen when they commit the crime of murder in the first degree is unconstitutional..."

Diatchenko v. District Attorney for the Suffolk Dist. , 471 Mass. 12 (2015)
Juvenile homicide offenders serving mandatory sentences of life without parole have a right to counsel at their initial parole hearing, including the right to have counsel appointed if they are indigent. They also have the right to "public funds, if they are indigent, in order to secure reasonably necessary expert assistance at their initial parole hearing." In addition, a juvenile homicide offender who is denied parole has a right to obtain judicial review of the parole board's decision through an action in the nature of certiorari, brought in the Superior Court.

Kenniston v. Dept. of Youth Services , 453 Mass. 179 (2009)
The SJC held that the law permitting DYS to hold eighteen year olds for an additional three years if they "would be physically dangerous to the public" (G. L. c. 120, §§ 17-19 ) is unconstitutional "because it violates substantive due process requirements."

Web Sources


Last update: September 8, 2016