Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for alternative detention for juveniles who have been arrested when a court is not in session, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 39H of chapter 119 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the first paragraph the following three paragraphs:-

Whenever such child is arrested and the court with jurisdiction over the case is not in session, the law enforcement officer in charge of the police station or town lockup to which the child has been taken, or his designee, shall immediately notify (1) the probation officer of the district court, or the juvenile court within whose district such child was arrested or resides, or such other probation officer who may have knowledge of the child and (2) a representative of the department of social services, if the law enforcement officer has reason to believe that the child is or has been in the care or custody of such department, and shall inquire into the case.

The law enforcement officer, in consultation with the probation officer, shall then immediately make all reasonable diversion efforts so that such child is delivered to the following types of placements, and in the following order of preference:

(i) to one of the child's parents, or to the child's guardian or other responsible person known to the child, or to the child's legal custodian including the department of social services or the child's foster home;

(ii) to a temporary shelter facility licensed or approved by the office for children, a shelter home approved by a temporary shelter facility licensed or approved by said office for children, or a family foster care home approved by a placement agency licensed or approved by said office for children; provided, however, that such a placement is available and, in the view of the probation officer, appropriate for the child; provided, further, that such a placement furnish said law enforcement officer with a written statement that it will make reasonable efforts to secure the child's appearance at the next available court session and that such placement will furnish the necessary transportation to such placement and to the court, unless the law enforcement officer chooses to furnish said transportation, provided, further, that such child may not be securely detained in a police station or town lockup.

Notwithstanding the foregoing requirements for placement, any such child who is arrested shall, if necessary, be taken to a medical facility for treatment or observation.

SECTION 2. Section 67 of said chapter 119, as so appearing, is hereby amended by striking out, in line 1, the word "Whenever" and inserting in place thereof the words:- Except for children in need of service arrested pursuant to section thirty-nine H, whenever.