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The 192nd General Court of the Commonwealth of Massachusetts

Section 1: Definitions

Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

''Advisory council'', the child advocate advisory council established in section 4.

''Child advocate'', the child advocate appointed under section 3.

''Critical incident'', (i) a fatality, near fatality or serious bodily or emotional injury of a child who is in the custody of or receiving services from an executive agency or a constituent agency; or (ii) circumstances which result in a reasonable belief that an executive agency or a constituent agency failed in its duty to protect a child and, as a result, the child was at imminent risk of, or suffered serious bodily or emotional injury or death.

''Department'', the department of children and families.

''Executive agency'', a state agency within the office of the governor, including the executive office of education, the executive office of public safety and security, executive office of health and human services, and their constituent agencies, the Massachusetts interagency council on housing and homelessness and the executive office of housing and economic development.

''Office'', the office of the child advocate.

''Serious bodily or emotional injury'', an injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty or emotional distress.