DEPARTMENT OF YOUTH SERVICES

M.G.L. pt. Part I, tit. Title II, ch. c. 18A

in effect

M.G.L. c. 18A, § 1 Department of youth services; commissioner; powers and duties; federal funds

c. 18A, § 1. Department of youth services; commissioner; powers and duties; federal funds Section 1. There shall be a department of youth services, in this chapter called the department, which shall be under the supervision and control of a commissioner of youth services, in this chapter called the commissioner. The secretary of health and human services shall appoint, with the approval of the governor, the commissioner who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor. The commissioner shall, at the time of his appointment, be qualified by having earned from an accredited institution a graduate degree in the social sciences, education, law or related fields and by having no less than seven years professional or administrative experience in work related to the problems of delinquent children and youth. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty; he shall devote his full time during business hours to the duties of his office, shall be the executive head of the department and shall have full responsibility for the formulation and execution of all its policies and the coordination of all of its functions. He shall appoint and may remove all employees in the department. Unless otherwise provided by law, all such appointments and removals shall be made in accordance with the provisions of chapter thirty-one. Powers and duties given to any administrative bureau, subdivision or institution of the department by any general or special law shall be exercised and discharged subject to the direction, control and supervision of the commissioner. The department may expend such sums as may be appropriated for grants to cities and towns and to other public agencies and for the purchase of services from other government departments and agencies and from private nonprofit agencies to carry out any of the program and purposes of the department. The commissioner may establish, subject to appropriation, such district offices and employ such field agents as shall be necessary or desirable to carry out the program and purposes of the department. Federal funds granted to the commonwealth to aid in the financing of any of the program and policies of the department shall be credited to a separate fund on the books of the commonwealth only for the purposes of such expenditures to be made under the direction of the commissioner. Federal funds paid as reimbursement to the commonwealth shall be deposited in the General Fund. The commissioner shall consult with the commissioner of mental health prior to taking an action substantially affecting the design and implementation of behavioral health services for children under guidelines established by the secretary of health and human services under section 16S of chapter 6A.

M.G.L. c. 18A, § 2 Delinquency prevention programs

c. 18A, § 2. Delinquency prevention programs Section 2. The department shall provide a comprehensive and coordinated program of delinquency prevention and services to delinquent children and youth referred or committed to the department by the courts; community services for the prevention of juvenile delinquency through its own staff, through grants-in-aid to cities, towns, and other public agencies and through purchase of services from private nonprofit agencies; and services and facilities for the study, diagnosis, care, treatment, including physical and mental health and social services, education, training and rehabilitation of all children and youth referred or committed. The department shall maintain a program of research into the causes, treatment and prevention of juvenile delinquency, including new methods of service and treatment. The department shall cooperate with other state and local agencies, both public and private, serving children and youth.

M.G.L. c. 18A, § 3 Deputy commissioner

c. 18A, § 3. Deputy commissioner Section 3. The commissioner shall appoint, with the approval of the secretary of health and human services, a deputy commissioner who shall not be subject to the provisions of chapter thirty-one and to whom the provisions of section nine A of chapter thirty shall not apply, but who shall possess the same qualifications required of the commissioner, except that he shall have had not less than five years of experience in work related to juvenile delinquency, of which at least two shall have been as an administrator. Said deputy commissioner shall serve at the pleasure of the commissioner, and shall devote his full time during business hours to the duties of his office. He shall exercise such authority and discharge such duties of the commissioner as the commissioner may from time to time delegate to him and, in the absence or incapacity of the commissioner, or in the event of a vacancy in the office of commissioner, shall act as the commissioner until the absence or incapacity shall have terminated or the vacancy shall have been filled.

M.G.L. c. 18A, § 4 Bureaus

c. 18A, § 4. Bureaus Section 4. There shall be in the department the following bureaus: the bureau of clinical services; the bureau of after-care, delinquency prevention and community services; the bureau of educational services; and the bureau of institutional services. Each bureau shall be under the direction of an assistant commissioner who shall be appointed by the commissioner and who shall not be subject to the provisions of chapter thirty-one and to whom the provisions of section nine A of chapter thirty shall not apply.

M.G.L. c. 18A, § 5 Bureau of clinical services; duties; detention centers; assistant commissioner

c. 18A, § 5. Bureau of clinical services; duties; detention centers; assistant commissioner Section 5. The bureau of clinical services shall review, upon commitment or referral, the social histories and diagnostic data concerning all persons referred or committed to the department, shall conduct such further study and evaluation as may be required for clinical classification, and shall place such persons under an appropriate form of care. Said bureau shall conduct the research and planning necessary for the continued care of each youth within the jurisdiction of the department and the development and implementation of effective individualized treatment programs for each of the delinquent children committed to the department. Said bureau shall be responsible for all case assignments, case reassignments, case dispositions, and proposals for discharge, and shall regularly review existing case assignments in the department. Said bureau shall operate the Reception-Detention Center for Girls at Boston, Judge John J. Connelly Youth Center, Boston, Westfield Detention Center, Westfield and Worcester Detention Center, Worcester, and subject to appropriation such other centers as may be necessary for the study and diagnosis of children's needs upon commitment or referral and for temporary shelter care in emergency cases including those children requiring secure custody. The commissioner shall appoint an assistant commissioner for the bureau of clinical services who shall have a graduate degree from an accredited institution in psychology, social work, medicine, or related fields, with a specialty in the problems relating to children. Said assistant commissioner shall have had at the time of his appointment a minimum of five years professional and clinical experience working in the field of emotionally disturbed youth. Said assistant commissioner shall serve at the pleasure of the commissioner. He may, notwithstanding any contrary provision of law, be allowed such professional affiliations concurrent with his duties as the commissioner may approve, including the holding of a nontenure appointment at a university. Said assistant commissioner shall, with the approval of the commissioner, establish and maintain standards for all clinical and child care positions in the department and shall review the qualifications and performances of all clinical and child care personnel. The commissioner shall appoint replacement or additional clinical and child care personnel upon recommendation of said assistant commissioner together with the assistant commissioner of any other bureau requesting such personnel.

M.G.L. c. 18A, § 6 Bureau of after-care, delinquency prevention and community services; duties; assistant commissioner

c. 18A, § 6. Bureau of after-care, delinquency prevention and community services; duties; assistant commissioner Section 6. The bureau of after-care, delinquency prevention and community services shall be responsible for the noninstitutional programs of the department, including but not limited to foster home care, group home care, after-care services to children in their own homes, after-care investigation services unit, parole and educational counselor programs. It shall be responsible for developing alternatives to institutional care and shall provide for work with the families of children in institutions in order to facilitate their return home and their adjustment and integration into the community. It shall further be responsible for continuing consultation with other state agencies and with local community groups and agencies for the development of preventive programs, the conduct of grants-in-aid for the initiation, demonstration and development of programs and the school adjustment counselor program. The commissioner shall appoint an assistant commissioner for the bureau of after-care, delinquency prevention and community services who shall have an earned graduate degree from an accredited institution in the social sciences, education, or related fields. Said assistant commissioner shall have had at the time of his appointment at least five years professional experience in delinquency prevention and after-care with at least two of these years having been spent in an administrative capacity in his field. Said assistant commissioner shall serve at the pleasure of the commissioner.

M.G.L. c. 18A, § 7 Bureau of educational services; duties; assistant commissioner

c. 18A, § 7. Bureau of educational services; duties; assistant commissioner Section 7. The bureau of educational services shall establish and maintain programs and curricula for the educational service functions of each institution of the department and for coordinating educational services for individual youths at each stage of departmental jurisdiction. Said bureau shall establish and maintain academic and vocational educational programs, curriculum development plants, teacher training programs and library services for each of the institutions of the department and each of the youth committed to the department. Said bureau shall seek out and implement federally aided educational programs. Said bureau, after consultation with the commissioner and the assistant commissioners of the other bureaus or their designees, shall develop and initiate in-service training programs for all employees in each of the institutions and facilities within the jurisdiction of the department. Approval of such training programs by the personnel administrator shall be required in accordance with the provisions of section twenty-eight of chapter seven. The commissioner shall appoint an assistant commissioner for the bureau of educational services who shall have an earned graduate degree from an accredited institution in education, the social sciences, or related fields with a specialty in the problems relating to delinquency. Said assistant commissioner shall have had at the time of his appointment at least five years professional experience in public or private secondary school, teaching in the area of delinquency prevention or teaching delinquent youth, with at least two of these years having been spent in administrative-curricula planning capacity. Said assistant commissioner shall serve at the pleasure of the commissioner. Said assistant commissioner shall, with the approval of the commissioner, establish and maintain standards for all teaching positions in the jurisdiction of the department and shall review the qualifications and performances of all teaching personnel in the department. Said assistant commissioner together with the assistant commissioner of each bureau requesting replacement and additional teaching personnel shall make recommendations to the commissioner relative to the replacement and addition of each and all teaching personnel for the institutions and facilities under the jurisdiction of said bureau.

M.G.L. c. 18A, § 8 Bureau of institutional services; duties; assistant commissioner

c. 18A, § 8. Bureau of institutional services; duties; assistant commissioner Section 8. The bureau of institutional services shall operate the Residential Treatment Unit, Oakdale, the Lyman School for Boys at Westborough, the Industrial School for Boys at Shirley, the Institute for Juvenile Guidance at South Bridgewater, the Industrial School for Girls at Lancaster and Stephen L. French Forestry Camp at East Brewster. Said bureau shall be responsible for all programs within the institutions of the department other than those programs which are primarily clinical or educational, and shall from time to time evaluate such programs to determine their effectiveness. Said bureau shall coordinate programs between institutions and also with other programs of the department to assure effective continuity in the rehabilitative process. The commissioner shall appoint an assistant commissioner for the bureau of institutional services who shall have an earned graduate degree from an accredited institution in the social sciences, education, or related fields. Said assistant commissioner shall have had at the time of his appointment at least five years professional experience in working with delinquent children in an institutional setting, with at least two of these years having been spent in an administrative capacity. Said assistant commissioner shall serve at the pleasure of the commissioner. Said assistant commissioner shall from time to time make recommendations to the commissioner relative to the need of major alteration and renovation, expansion, relocation or replacement of existing institutions or camps and the construction of additional institutions or camps.

M.G.L. c. 18A, § 9 Advisory committee

c. 18A, § 9. Advisory committee Section 9. There shall be in the department an advisory committee consisting of the commissioner of youth services, the commissioner of welfare, the commissioner of the department of early education and care, the commissioner of mental health, the commissioner of education, the chairman of the parole board, the commissioner of correction, the commissioner of probation, the commissioner of MassAbility, the chairman of the Massachusetts commission against discrimination, the executive secretary of the Massachusetts Society for the Prevention of Cruelty to Children, and the executive secretary of the Massachusetts Committee on Children and Youth, all of whom shall serve ex officiis, and nine other persons to be appointed by the secretary of health and human services, with the approval of the governor. Such persons shall have demonstrated professional involvement and expertise in the area of delinquency prevention, rehabilitation, and treatment. Upon the expiration of the term of office of any appointed member, his successor shall be appointed for a term of three years. Any vacancy shall be filled by the secretary of health and human services for the remainder of the unexpired term. The secretary of health and human services shall appoint from the members of said committee a chairman and a vice chairman. The committee may appoint a full time executive secretary. Members of said committee shall serve without compensation, but each member shall be reimbursed by the commonwealth for all reasonable expenses incurred in the performance of his official duties. Said advisory committee shall have the following duties: (a) It shall advise the commissioner on policy, program development and priorities of need in developing a comprehensive program (1) for the treatment, rehabilitation and custody of juvenile offenders and (2) for integration of the juvenile offender into constructive community life. (b) It shall review the annual plan and the proposed annual budget for the department, and shall make recommendations to the commissioner relative thereto. (c) It shall advise on the recruitment policies of the schools in the department. (d) It shall submit an annual report in which it may propose legislation and present material for the education of the public. (e) It shall visit, at its discretion, every institution and facility within the jurisdiction of the department. It shall meet at least four times a year and shall convene special meetings at the call of the chairman of the committee, a majority of the committee, or the commissioner. For the purposes of holding meetings and conducting official business, a majority of the membership shall constitute a quorum. A written record of all meetings of the committee shall be maintained by the executive secretary and a copy filed within fifteen days after each meeting by said secretary with the commissioner of administration and finance.

M.G.L. c. 18A, § 10 Background checks for employees with potential for unsupervised contact with youth committed to the care or custody of the department

c. 18A, § 10. Background checks for employees with potential for unsupervised contact with youth committed to the care or custody of the department Section 10. (a) All current or prospective department employees, interns, volunteers or subcontractors providing residential or support services with the potential for unsupervised contact with youths committed to the care or custody of the department shall be subject to a background check that shall include: (i) a fingerprint-based check of the state and national criminal history databases pursuant to Public Law 92—544; (ii) a criminal offender record information check pursuant to section 172 of chapter 6; (iii) a check for supported findings of abuse or neglect pursuant to section 51B and 51E of chapter 119; (iv) a sex offender registry information check pursuant to section 178K of chapter 6; and (v) where relevant to the employee's duties, a registry of motor vehicles information check. (b) Fingerprints shall be submitted to the identification section of the department of state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check, pursuant to the policies and procedures established by the identification section of the department of state police and the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the identification section of the department of state police and the department of criminal justice information services to assist the department in its review of suitability for initial or continued employment, licensure, certification or approval. The department of criminal justice information services may disseminate the results of a state and national criminal history check to authorized staff of the department to determine the suitability of current and prospective employees who have the potential for unsupervised contact with youths referred or committed to the care or custody of the department and subcontractors, interns, volunteers or other individuals employed or retained by the department who have the potential for unsupervised contact with youths referred or committed to the care or custody of the department. Notwithstanding subsections 9 and 91/2 of section 4 of chapter 151B, if the department receives information from a fingerprint-based check that does not include a final disposition or is otherwise incomplete, the department may request that an applicant, including new and renewing applicants, provide additional information to assist the department in determining the suitability of the individual for licensure, certification, approval, funding or employment. (c) The department of criminal justice information services shall disseminate the results of the criminal background check to authorized staff of the department. The department of criminal justice information services shall only disseminate information under this section that would otherwise be available to the department by law. When the department receives the results of the national criminal background checks, it shall treat the information according to the department's background check procedures regarding criminal offender record information. (d) A person required to submit fingerprints under this section including, but not limited to, current and prospective employees, interns, subcontractors and volunteers in a department program who have the potential for unsupervised contact with youth referred or committed to the care or custody of the department, may be charged a fee to be established by the secretary of administration and finance, in consultation with the secretary of public safety and the commissioner of youth services, to offset the costs of operating and administering a fingerprint based criminal background check system. The fee shall not be more than $45 per person. The secretary of administration and finance, in consultation with the secretary of public safety and the commissioner of youth services, may increase the fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check service fee. The department may reimburse employees and applicants for employment, internship or volunteer positions, for all or a portion of the fee. Fees collected from fingerprinting activity under this chapter shall be deposited into the Fingerprint-Based Background Check Trust Fund established in section 2HHHH of chapter 29. (e) The department shall promulgate regulations necessary to carry out this section. [The Department of Social Services was changed to the Department of Children and Families by 2008, 176, Sec. 25.]

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter18AFetched: 10/20/2026