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General Laws

Section 13A. The division shall, in accordance with this section, accept for referral children determined to be in need of services under section 39G of chapter 119 and referred to the division by the department of children and families, hereinafter referred to as the department, or by the juvenile court. Such referral shall be made to the director of the division.

Upon receipt by the director of a request for referral he may, unless the child has been examined pursuant to section ten, designate a qualified physician to make an examination of the child to determine whether or not he is a drug dependent child who would benefit from treatment.

The physician designated shall report his findings in writing to the director stating the facts upon which the findings are based and the reasons therefore, and said report shall be kept confidential by the division and shall not be disclosed to any person, other than the department or the court, without the written approval of the child or his parent or legal guardian.

If the director finds that the child is a drug dependent person who would benefit from treatment and that adequate treatment is available at an appropriate drug treatment facility, he may recommend to the department or the court that the child be admitted to the facility on an inpatient or an outpatient basis.

The director may also recommend to the department or the juvenile court the period of time necessary to accomplish adequate and appropriate treatment, not to exceed one year; the nature of the treatment to be afforded and the facility to which the child could be admitted. If the department or court determines that admission to the facility, the nature of the treatment to be afforded and the period deemed necessary to accomplish treatment are appropriate and the child and his parent or legal guardian agree to the treatment, the child may, subject to the availability of funds appropriated for that purpose, be admitted to the facility for such treatment. Said determination shall be provided in writing.

If the director decides that referral to the division is inappropriate because the child is not a drug dependent person who would benefit by treatment or because adequate treatment is not available at an appropriate facility, he shall make known in writing to said department or said court the basis for this decision.

The referral to the division shall terminate at the conclusion of the period of treatment to which the department or the court consents, or upon a determination by the director that the child will no longer benefit by treatment, whichever first occurs. If the director determines before the conclusion of such period of treatment that the child will no longer benefit by treatment, he shall make known in writing to the department or the court the basis for his decision.

Children in need of services referred to the division pursuant to this section shall remain subject to the jurisdiction and control of the department or the court for all purposes, including, but not limited to, discharge and release; provided, however, that the treatment to be afforded the child in need of services referred to the division shall be within the jurisdiction and control of the division. In no event, however, shall a child in need of services be referred for a period longer than the period during which he is subject to the jurisdiction and control of the department or the court.

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