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General Laws

  Section 84. Whenever a person is committed to the department of youth services by a court under section fifty-six, fifty-eight or eighty-three, a warrant of commitment shall be issued in substance as follows:

THE COMMONWEALTH OF MASSACHUSETTS

  (COUNTY) ss.

GREETING:

[ First paragraph of warrant of commitment of first paragraph effective until September 18, 2013. For text effective September 18, 2013, see below.]

  Whereas, (name of person committed) of __________ in the county of __________, a boy (or girl) between seven and seventeen (or eighteen) years of age, has this day been brought before the __________ court of __________ by virtue of a summons (or warrant) issued to (against) him (or her) on the complaint of __________ of __________ in the county of __________ who therein, upon oath, says that said defendant, at __________ in the county of __________ on the __________ day of __________ in the year one thousand nine hundred and __________ was guilty of __________ as is more fully alleged in said complaint.

[ First paragraph of warrant of commitment of first paragraph as amended by 2013, 84, Sec. 27 effective September 18, 2013. See 2013, 84, Sec. 34. For text effective until September 18, 2013, see above.]

  Whereas, (name of person committed) of __________ in the county of __________, a boy (or girl) between seven and eighteen (or nineteen) years of age, has this day been brought before the __________ court of __________ by virtue of a summons (or warrant) issued to (against) him (or her) on the complaint of __________ of __________ in the county of __________ who therein, upon oath, says that said defendant, at __________ in the county of __________ on the __________ day of __________ in the year one thousand nine hundred and __________ was guilty of __________ as is more fully alleged in said complaint.

  And after hearing all matters and things concerning the same, and all persons entitled thereto having been summoned and notified of the pendency of said complaint, as required by law, it is adjudged by said court that said defendant is delinquent and that he (or she) is of the age of __________ years and __________ months, and is a suitable subject for commitment to the custody of the department of youth services, and that his (or her) moral welfare and best interest and the good of society require that he (or she) should be sent thereto for diagnosis, treatment and training, and said court shall also find that reasonable efforts were made to prevent or eliminate the need for the defendant's removal from his home or that an emergency situation made such efforts impossible and it is thereupon ordered by said court that said defendant stand committed to the custody of the department of youth services during his (or her) minority, or until he (or she) be discharged according to law.

  You are therefore hereby required, in the name of the Commonwealth of Massachusetts, to take said defendant and him (or her) carry to the department of youth services and him (or her) deliver to the (designated officer) thereof, together with an attested copy thereof, and thereafterward forthwith to return this warrant with your doings thereon into said court.

  And you, the department of youth services, are alike required to receive said defendant into your custody, and him (or her) safely keep for diagnosis, treatment, instruction and training until the expiration of said term of his (or her) minority, or he (or she) be discharged according to law.

  Witness, __________ at said __________ this __________ day of __________ in the year one thousand nine hundred and __________.

Clerk.

A true copy. (Constable of______________)

Attest: (Sheriff of_______________)

  No variance from said form shall be considered material if it sufficiently appears upon the face thereof that the person is committed by the court in the exercise of the powers conferred by this chapter. The warrant may be executed by any officer qualified to serve civil or criminal process in the county where the case is heard. Accompanying the warrant, the court or magistrate shall transmit to the designated officer of the department of youth services, by the officer serving it, a statement of the substance of the complaint and testimony given in the case, and such other particulars relative to the person committed as can be ascertained.

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