Overview
The Juvenile Court Department (JCD), established under Section 1 of Chapter 211B of the Massachusetts General Laws, is one of seven departments of the Massachusetts Trial Court. Chapter 478 of the Acts of 1978 restructured the Trial Court into seven departments: the Boston Municipal Court, the District Court, the Housing Court Department, JCD, the Probate and Family Court Department, the Superior Court, and the Land Court Department
JCD operates as the department of the Massachusetts Trial Court that is solely responsible for adjudicating cases involving juveniles, in order to separate the legal proceedings of juveniles and adults. JCD comprises 11 divisions throughout the Commonwealth, with sessions taking place in more than 40 court locations. JCD is headed by a Chief Justice, who oversaw 40 judges as of May 3, 2022.
According to JCD’s website,
The Juvenile Court Department has general jurisdiction over the following case types:
- Delinquency,
- Children requiring assistance (CRA),
- Care and protection,
- Adult contributing to the delinquency of a minor,
- Adoption,
- Guardianship,
- Youthful offender, and
- Termination of parental rights proceedings. . . .
The Juvenile Court’s mission is to protect children from abuse and neglect, to strengthen families, to rehabilitate juveniles, and to protect the public from delinquent and criminal behavior.
For fiscal years 2019, 2020, and 2021, JCD received direct appropriations of $21,265,155, $22,984,763, and $20,915,217, respectively.
Diversion Programs
According to Section 54A(a) of Chapter 119 of the General Laws,
A juvenile court shall have jurisdiction to divert from further court processing a child who is subject to the jurisdiction of the juvenile court as the result of an application for complaint brought pursuant to section 54 [which applies to juveniles whose alleged offenses would be punishable by imprisonment if they were adults].
Section 1 of Chapter 276A of the General Laws defines diversion programs as follows:
Any program of community supervision and services including, but not limited to, medical, educational, vocational, social, substance use disorder treatment and psychological services, corrective and preventive guidance, training, performance of community service work, counseling, provision for residence in a halfway house or other suitable place, and other rehabilitative services designed to protect the public and benefit the individual.
Such programs can be funded through a variety of avenues such as state grants, city funds, or nonprofit organizations.
Juvenile Restraint
Section 86(b) of Chapter 119 of the General Laws prohibits courts from restraining juveniles in the courtroom during court proceedings without good reason to do so. If the court believes that the juvenile could be a danger to themselves or to others or has a history of disruptions of court proceedings or escape attempts, the juvenile can be restrained. In these cases, the judge must complete a document indicating the name of the juvenile, the docket number, and the reason for the use of restraints. This document is added to the juvenile’s case file.
In addition, Section 86(c) of Chapter 119 of the General Laws states,
No Juvenile Court justice shall impose a blanket policy to maintain restraints on all juveniles, or a specific category of juvenile, who appear before the court.
| Date published: | July 21, 2022 |
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