The Massachusetts Department of Children and Families
is responsible for protecting children from abuse and neglect and providing support to families.
Parent/Relative
Child's father, mother, stepfather, stepmother, stepbrother, stepsister or any blood relative, including half-blood; any adoptive relative of equal relationship to the foregoing; or a spouse of any such persons.
Caretaker
Parent, reliable, guardian, other household member or other person entrusted with the responsibility for the child's health and welfare temporarily or permanently.
Mandatory School Attendance
Ages 6-16 if parents give consent, otherwise you are 18
Delinquent Child
Ages 12-18 Under 12 cannot form criminal intent.
Youthful Offender
Ages 14-18 juvenile who have committed a felony offense and has at least one of the following Previous DYS commitment , committing certain firearm offenses, Committed an offense which involves the infliction or threat of serious bodily harm.
Juvenile Arraignment
Anyone between 12-18 years old is arraigned in Juvenile Court. If juvenile commits an offense prior to turning age 18, but is nor apprehended until or before the juvenile turns 19.
Protective Custody
Anyone between 12 and 18 years old can be taken into protective custody and will not be charged with possession or in presence of drugs or alcohol.
Overnight Arrest
Anyone between 12-18 years old must be brought to juvenile facility and not an adult prison. Juvenile cannot be held in secure detention for longer than 6 hours.
Juveniles who are 12 or 13
cannot be held in secure police detention and cannot not be admitted bail.
Diversion
Can be offered to juveniles and young adults under 25 years old.
Restorative
Can be offered to all defendants provided the victim and District Attorney agree and defendant takes responsibility for offense.
Juvenile Court
Has jurisdiction over offenders between 12 and 18 years old. Does not retain jurisdiction of any juvenile who is 14 years old and has been charged with first or second-degree murder.
Can be charged with delinquency
Age 12-18
Must wear primary seatbelt
Under age 13
Tender years Doctrine
Any child under age 12 cannot give consent to anyone without a parent or guardian because they lack maturity to provide consent.
Interested adult must be present to waive Miranda & cannot be detained in adult jail or secure juvenile detention.
Age 12 & 13
Can waive Miranda if interested adults is not present, provided he/she is "highly sophisticated.
Age 14 & above
Must wear helmet when riding bicycle, inline, skates, scooters and skateboards. Can consent to intercourse. Subject to seatbelt fines.
Age 16 & over
Can be taken into protective custody if police find child in presence of class a, b, or C. Can also be taken in protective pursuant if he/she is incapacitated by controlled substance other than alcohol.
Under age 18
51 A Report
Report filed that details suspected child abuse or neglect.
Advocate
An employee of a governmental or non-governmental organization or entity providing appropriate services, or a similar employee of the department of children and families who has been trained to work and advocate for the needs of sexually exploited children.
Child Advocate
Person appointed under M.G.L chapter 18C.
Custody
Person with power or authority to: Determine a child's place of abode, medical care and education. Control visits to a child; and consent to enlistments, marriages and other contracts otherwise requiring parental consent.
Abuse
Non-accidental conduct committed by a caretaker that causes or creates a substantial risk of serious physical or emotional injury or constitutes a sexual offense.
Neglect
is a caretaker's failure, either deliberately or through negligence, to maintain the child's health and well-being, or one who creates a substantial risk of serious bodily injury or sexual abuse to a child or wantonly or recklessly fails to take reasonable steps to alleviate such risk where there is a duty to act.
51A must be
Filed Immediately within 48 hours orally or physically.
Care & protection petition
Any person may file a petition on behalf of a child under 18 years old experiencing any of the following condition.
Court options
Commit child to DCF until he or she is 18 years old or until reason for commitment is accomplished; leave child with parents with imposed conditions; or trans temporary legal custody of child to DCF, a qualified agency or qualified individual.
Permanent Placement
Return to parents, placement for adoption, referred for legal guardianship, placement in permanent care with relatives, placement in another permanent living arrangement.
Abandonment
Parent, guardian or other person with legal duty, fails to provide room and board or physically abandons; a child under 10 years old. Right of Arrest: Complain if not committed in Presence. Felony if child dies because of abandonment.
Child Endangerment
Wantonly or recklessly create a substantial risk of serious bodily injury or sexual abuse to a child under 18 years old; or a person with a legal duty to act on behalf of a child under 18 years old, wantonly or recklessly failed to take reasonable action to prevent substantial risk of serious bodily injury or sexual abuse to the child. Right of Arrest Complaint if not committed in Presence.
Assault & Battery Upon a Child
Intentionally committed and assault and battery; that caused bodily injury or serious bodily injury; to a child under 14 years old. Right of Arrest Felony
Parental Privilege Defense
parents or guardians can use force to discipline their children without risk of criminal charge if force used is reasonable, for safeguarding or promoting the welfare of the minor; and neither causes nor creates a substantial risk of physical harm beyond pain or minor, transient marks, gross degradation or severe mental distress. Additionally, there was no indication that the discipline was used for the child's safety.
Kidnapping
Intentionally and without lawful authority; and forcibly or secretly confine another person against his or her will; or lure by false pretenses another person with the intent to forcibly or secretly confine person against his or her will. Offense becomes aggravated if victim is under 16 YOA Right to Arrest Felony.
Kidnapping of Minor by Relative
Without lawful authority; a relative of a child less than 18 years old; entices, takes, holds, or intends to hold child permanently or for a protracted period from his lawful custodian. Right of Arrest Felony. Three possible parent relationships to consider are 1. divorced 2. married 3 unmarried.
Rape of a Child Under 16
Crime occurred during commission of certain other crimes, victim was gagged or bound, victim was given alcohol or controlled substance by suspect using any means and with the victim's consent; crime was committed in a way that exposed victim to sexually transmitted disease.
Statutory Rape
Suspect unlawfully engaged in a natural or unnatural sexual intercourse victim who was under 16 years old at the time of offense. The crime is aggravated if there is more than a 5 year age difference between suspect and victim who is under 12 years old; or there is more than a 10 year age difference between suspect and victim, who is between 12 and 16 years old; or the suspect was mandated reported when offense was committed.
Indecent A & B (<14 YOA)
A suspect committed an assault and battery was indecent; and on a victim who was UNDER 14 years old at time of offense.
Inducing Delinquency
Cause, induce, abet or encourage; a person between 12 and 18 years old; to violate and city ordinance, town by law or commits any offense against a law of the Commonwealth. Right to Arrest Complaint if not committed in Presence.
Inducing School Absences
It is illegal to induce or attempt to induce a minor to absent himself unlawfully from school, or employ or harbor a minor who absents himself unlawfully, while school is in session.
Social Host Liability
Anyone who furnishes alcohol to a person under 21 is liable. Parents can be liable for minors consuming alcohol even if they are away and aware people may be drinking at the house. If parents are away and a minor hosts a party where alcohol is being consumed by individuals under the age of 21, the parents may not be liable, but the host may face criminal liability. Host can be liable for injuries even if not distributing alcohol to minors who attend a party and are under 21. IF the host controls the premises, the host is liable.
Protective Custody
A juvenile who is a victim of the following circumstances such as, alcohol, drugs, warrant of custodial protection, custodial protection (fail to obey summons/runaway) Arrest (Delinquency offenses) may be taken into
Alcohol Incapacitation
Unconscious, needs medical attention, is disorderly or likely to cause physical harm or property damage resulting from intoxication from alcohol use. May be assisted by police, with or without consent, to his or her residence, a medical facility or a police station, not an arrest or criminal charge.
Drug Incapacitation
Unconscious, needs medical attention, is disorderedly or likely to cause physical harm or property damage as a result of controlled substance or toxic vapor use.
Missing Juveniles
Any person under 18 years old whose current location is unknown to his or her parents, guardian, or caregiver. Absent with no apparent reason or underlying circumstances that indicate an involuntary disappearance.
Missing child must?
Be entered into NCIC within 2 hours of report being filed.
Habitually truant
A school official must submit the application for children who miss more than 8 school days in a quarter.
Habitual school offender
A school official must submit the application for children who refuses to obey the lawful and reasonable regulation of school .
JV-087
Can be filed by a parent, custodian or police officer. Application must indicate whether the child is a runaway or stubborn child. Sexual servitude or trafficking, sexual conduct for a fee, sexual conduct for food, shelter, victim of inducing into prostitution, engages in common night walking.
Warrant (CRA)
Ordered by judge after child fails to respond to a summons issued for the preliminary hearing or in the case of an emergency. similar to a warrant of apprehension and served in the same manner. Must be active with the juvenile court and verified by police before a child can be taken into custody.
CRA Warrant
Take the Juvenile into custody after verifying the warrant is still active. Notify Juvenile's Parent/Guardian & Juvenile Probation. File a 51A if necessary.
Custodial Protection
If there is probable cause to believe the child has failed to obey summons; or run away from the parent or legal guardian home and will not respond to a summons Police make take juvenile into?
Runaway Nighttime/ weekends / holidays
Take juvenile into Custodial Protection. Notify juvenile's Parent/ Guardian & Juvenile Probation, File a 51A if necessary, Locate juvenile in NCIC and notify entering law enforcement agency.
Youthful Offender
Between 14 and 18 years old who is subject to an adult or juvenile sentence for committing an offense for which, if he were an adult, would be punishable by imprisonment in the state of prison, and has any of the following. Previously been committed to DYS, committed an offense involves the infliction or threat or serious bodily harm in violation of law; or committed a specific Chapter 269 weapon offense.
Inhaling Toxic Vapors
Intentionally smell or inhale the fumes of any substance having the property of releasing toxic vapors; within intent to cause intoxication, euphoria, excitement, exhilaration, or dulled senses or nervous system. Right of Arrest: Presence
Drug Paraphernalia
Possess, sell, purchase or manufacture with intent to sell; and knowing it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale or otherwise introduce into the human body a controlled substance. Right to Arrest: Presence
Dangerous weapon
Knowingly carry, possess or have under control; a dangerous weapon. Right of Arrest: felony
Trespassing
enter or remain in a house, building, boat or enclosed land of another; without permission; and after having been forbidden to enter or remain there by person in lawful control of the premises, whether directly or verbally, posted notice or court order. Right to Arrest: Presence
Larceny
Unlawfully take and carry away; Property or money of another person; and with intent to permanently deprive the person of property taken. Right of arrest: Warrantless in Presence if property is less than $250. Felony if property is a firearm or worth more than $1200
Juvenile Suspects
Children possess all rights guaranteed by the U.S. Constitution. Because of their age, additional safeguards are needed to ensure a child's rights are protected. Kid has to have an interested adult in the room with them though.
Interest adult
Represents the child's best interests by personally appearing, through consultation or both. Must be at least 18 years old, must be able to understand child's rights, cannot be under the influence of controlled substances, is parent / guardian victim of crime committed by juvenile.
Jenkins Hearing
Juveniles arrested without a warrant and held in custody for more than 24 hours (to include while being held at the Overnight Arrest Program) are entitled to a Jenkins Hearing to determine whether there was probable cause to make the arrest and to continue to hold the juvenile. Police must call a magistrate if the juvenile will be held more than 24 hours.