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SENATE DOCKET, NO. 1693 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 141
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Robyn K. Kennedy
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act regarding families and children in need of assistance.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Robyn K. KennedyFirst Worcester 1 of 20
SENATE DOCKET, NO. 1693 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 141
By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 141) of Robyn K. Kennedy for
legislation relative to families and children in need of assistance. Children, Families and Persons
with Disabilities.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 101 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act regarding families and children in need of assistance.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 6A of the General Laws is hereby amended by striking out section
216U and replacing it with the following new text:
3 Section 16U. (a) As used in this section, the following words shall have the following
4meanings:—
5 ''Child requiring assistance'', as defined in section 21 of chapter 119.
6 “Chronic absenteeism” missing at least ten percent of days enrolled regardless of whether
7the absences are considered excused, unexcused and/or for disciplinary reasons.
8 ''Community-based services'', services, including coordination of services, designed to
9assist families requiring assistance so that, if appropriate, families may avoid entry or re-entry to 2 of 20
10the child protective service and child requiring assistance legal systems and children of the
11family may continue to reside with their family and attend their community school while
12enjoying a strengthened relationship with their family.
13 ''Family requiring assistance'', a parent, guardian, custodian, sibling and any relative or
14caretaker meeting one or more of the following criteria: (1) at elevated risk of being the subject
15of a petition under Chapter 119 Section 24; (2) responsible for a child at risk of being the subject
16of a petition under Chapter 119 Section 39E.
17 ''Habitually absent without permission'', as defined in section 21 of chapter 119.
18 ''Secretary'', the secretary of health and human services.
19 (b) Subject to appropriation or third party reimbursement, the secretary shall:
20 (1) establish a network of child and family service programs and family resource centers
21throughout the commonwealth to provide community-based services to families requiring
22assistance under subsection (c);
23 (2) develop guidelines and standards necessary to achieve and maintain, on a statewide
24basis, a comprehensive and integrated network of community-based services and family resource
25centers for children and families;
26 (3) promote efficiency by including in the network of community-based services and
27family resource centers access to the following services: (i) organizations that are part of the
28comprehensive community-based behavioral health delivery system coordinated by the secretary
29under section 16S; (ii) organizations that provide services or have experience in coordinating
30access to community-based services such as local schools; (iii) other local public agencies and 3 of 20
31private organizations; (iv) local medical, behavioral or mental health care providers; (v) state-
32funded services the child or family may be eligible for, including services provided by agencies
33under the purview of the executive office of health and human services, the executive office of
34education, and the executive office of housing and livable communities.
35 (4) coordinate the services provided by the network and in the family resource centers
36including, but not limited to, outreach, intake, screening, assessment and referral to services;
37 (5) encourage cooperation among local providers and state agencies as needed to provide
38the full complement of services required under this section;
39 (6) monitor and provide technical assistance to family resource centers and providers of
40community-based services;
41 (7) require the use of standard intake screening and assessment tools to evaluate families
42and children seeking community-based services which shall identify the family's strengths,
43resources and service needs including, but not limited to, mental health, behavioral health or
44substance abuse treatment, reasonable accommodations for individuals with disabilities, basic
45family shelter, clothing and food needs, child care needs, health insurance status, legal issues,
46education placement and child protection; and
47 (8) create a data collection system for use by programs within the community-based
48services network and family resource centers which shall: (i) maintain the privacy of clients
49served, (ii) assist programs and the secretary in identifying and addressing the needs of the
50population to be served, including gaps in service availability and how long clients are waiting to
51receive services (iii) collect information including, but not limited to, insurance status and
52benefit coverage of clients served, income documentation as needed to apply a sliding fee scale 4 of 20
53for payment or waiver of payment for services, (iv) collect data regarding the needs identified
54and services received by a family, and (v) such other information deemed necessary to assist the
55program and the secretary in providing services, identifying service needs and gaps and
56evaluating the effectiveness of family resource centers and the community-based services
57network.
58 Annually, the secretary shall submit a report to the house and senate committees on ways
59and means, the joint committee on children, families and persons with disabilities and the child
60advocate detailing, but not limited to: (i) the number of children and families served at each
61center; (ii) identified service needs (iii) the types of services offered in-house and those offered
62by referral; (iv) service outcomes (v) service gaps, including unavailable services and services
63with long wait times (vi) client feedback; (vii) the number of families served by a
64multidisciplinary team pursuant to subsection (c), and (viii) the number of children referred to a
65Juvenile Court for a child requiring assistance petition following a multidisciplinary team
66process. All data shall be disaggregated by the child’s race, ethnicity, gender, sexual orientation,
67transgender status, disability, primary language, and age.
68 (c) The network of community-based services and family resource centers shall: (i) assist
69families so that, whenever possible, families may avoid entry or re-entry to the child protective
70service system and children may continue residing with their families in their home
71communities; (ii) assist families to enable children to continue as students in their community
72schools; (iii) strengthen the relationships between children and their families; (iv) assist families
73in connecting with local, state, and federal services to help meet basic family shelter, clothing,
74food and health needs (v) provide coordinated, comprehensive, community-based services for
75children at risk of chronic absenteeism, dropping out of school, committing delinquent acts or 5 of 20
76engaging in behaviors which impede the likelihood of leading healthy, productive lives, or who
77have been referred from the juvenile court pursuant to section 39E of chapter 119
78 Services offered through the network shall include, but not be limited to, treatment for or
79assistance with: eligibility determinations, assistance with applying for state services including
80MassHealth, financial assistance programs including Supplemental Security Income, and
81services provided or funded by executive branch agencies, behavioral, medical and mental
82health needs, substance use treatment, special education evaluation, remedial education services,
83assistance with insurance issues, mentoring, family and parent support, civic engagement and
84community service, after school and out-of-school opportunities, residential programs, crisis
85management and case management.
86 Subject to appropriation, each FRC shall assign a child and family a case manager who
87shall assist the family in identifying and navigating appropriate services in the network. If a case
88meets the eligibility criteria for an interagency review of complex cases under section 16R of
89Chapter 6A, the FRC shall refer the child to the interagency review team. For cases that do not
90meet the eligibility requirements under section 16R of Chapter 6A, the FRC may convene a
91multidisciplinary team to fulfil the functions listed in this subsection. Multidisciplinary teams
92shall consist of but not be limited to the child, the child’s parents/caregivers, and family resource
93center staff, and when appropriate may include family partners, advocates, community-based
94service providers, educational advocates, representatives from state agencies, or school district
95representatives. The teams shall work to identify any needs of the child or family with the goal of
96providing supports to the child and their family outside of the juvenile court process to the extent
97possible. 6 of 20
98 A case manager shall not refer a family to the juvenile court for the purpose of filing a
99child requiring assistance petition unless all other community-based service options have been
100exhausted. Staff at a family resource center shall be permitted to report to a probation officer
101upon request if a child that is the subject of an attempted child requiring assistance filing has met
102with a case manager pursuant to this section and if all relevant community-based service options
103have been exhausted.
104 The secretary of health and human services shall issue guidance to effectuate the
105purposes of this section. The guidance shall include, but not be limited to: (i) a description of
106situations in which convening a multidisciplinary team may appropriate, (ii) the role of family
107resource center staff in facilitating the work of the multidisciplinary team, (iii) the circumstances
108under which staff from health and human service state agencies are required to participate and
109what that participation shall entail, (iv) the process by which disagreements about the case plan
110shall be resolved, (v) requirements for obtaining consumer or parental consent (vi) processes for
111providing information to the juvenile court about a family’s participation in services when the
112family has filed a child requiring assistance petition (vii) data gathering and reporting
113requirements; (viii) and protocols for when and how a family should be referred to the juvenile
114court for a child requiring assistance petition.
115 (d) Any documentation of services provided to the family and child through the network
116of community-based services or in the family resource centers shall not be public records under
117clause Twenty-sixth of section 7 of chapter 4. Except as otherwise required by law, including
118laws related to the reporting of suspected abuse or neglect under section 51A of chapter 119,
119statements made by the family and child while receiving services from the network of
120community-based services shall be treated as confidential and shall not be used in any 7 of 20
121proceedings without the written consent of the person making the statement. Information about
122the child and family requiring assistance, including interactions with service providers and
123protected health information services, may be shared among the case team, other providers of
124community services for families and any agency within the executive office of health and human
125services providing such services to the child as needed to coordinate treatment and provide
126appropriate case management, to the extent permitted under applicable federal law, unless the
127child or family decline in writing to permit such information sharing.
128 (e) Participation in community-based services and use of the family resource centers shall
129be under a voluntary agreement of the parent, legal guardian or custodian and the child;
130provided, however, that provision of community-based services may be contingent upon such
131parent, legal guardian or custodian agreeing to pay for such services or consenting to allow
132covered services to be billed to applicable third party payers, including insurance providers.
133 (f) Except as otherwise provided, a school administrator shall refer a student to a family
134resource center at least 45 days prior to filing a child requiring assistance petition under Chapter
135119 Section 39E. An administration shall also refer a student to a family resource center, , at the
136same time as the administrator notifies the student and the parent, legal guardian or custodian of
137the student that the student is at risk of expulsion for failure to comply with the lawful and
138reasonable rules of the school. After providing the process that is due to the student, including an
139expulsion hearing if requested under sections 37H and 37H.5 of chapter 71, the school
140administrator shall consider the outcome of the community-based services if the student provides
141such outcome information to the school. After an expulsion is imposed, the student may continue
142to provide information relative to the outcome of any community-based services rendered, and
143the school administrator shall consider the outcome of any community-based services rendered 8 of 20
144any time that is provided. Notwithstanding the outcome of any community-based services,
145school districts shall make available to expelled students educational services designed to lead to
146re-entry to a regular education program or to a high school diploma.
147 A school shall make and document efforts to identify and address potential causes of
148chronic absenteeism, including but not limited to previously unidentified or inadequately
149addressed special educational needs, behavioral health needs, bullying, and harassment, before
150referring the child and family to a family resource center for chronic absenteeism or filing a child
151requiring assistance petition with the juvenile court.
152 (g) Nothing in this section shall diminish or interfere with the rights and protections
153afforded to students with disabilities under federal and state special education laws.
154 SECTION 2. Chapter 18C of the General Laws is hereby amended by adding the
155following section:
156 Child Requiring Assistance Information for Families
157 Section 15. The office shall prepare and update from time to time the following online
158resources, which the juvenile court shall publish on its official website: (1) a video that explains
159in clear terms what a child requiring assistance petition is, how an application for assistance is
160filed, the potential consequences, and a brief overview of community based resources that may
161be utilized before filing an application, including but not limited to family resource centers and
162the behavioral health helpline; and (2) a corresponding written overview that contains
163information about community based resources.
164 SECTION 3. Section 10 of chapter 69 of the General Laws is hereby repealed. 9 of 20
165 SECTION 4. Section 21 of chapter 119 is hereby amended by striking out the definition
166of “Child requiring assistance” and inserting in place thereof the following definition:-
167 ''Child requiring assistance'', a child between the ages of 12 and 18 who is not currently in
168the custody of the Department of Children and Families or the Department of Youth Services
169who: (a)(i) repeatedly runs away from the home of the child's parent, legal guardian or custodian;
170(ii) repeatedly fails to obey the lawful and reasonable commands of the child's parent, legal
171guardian or custodian, thereby interfering with their ability to adequately care for and protect the
172child; (iii) repeatedly fails to obey the lawful and reasonable regulations of the child's school;
173(iv) is habitually absent without permission; or (v) is a sexually exploited child, and (b) is in need
174of an out-of-home placement, additional family supports, or additional school supports that
175cannot be obtained or provided outside of a juvenile court process.
176 SECTION 5. Section 21 of chapter 119 is hereby amended by striking out the definition
177of “habitually truant” and inserting in place thereof the following definition:-
178 “Habitually absent without permission”, a school-aged child, not excused from
179attendance under the lawful and reasonable regulations of such child's school, who willfully fails
180to attend school for more than 8 school days in a quarter.
181 SECTION 6. Chapter 119 is hereby amended by striking out section 39E and replacing it
182with the following new text:
183 Section 39E. The divisions of the juvenile court department may receive and hear
184requests for assistance stating that there is a child requiring assistance or a family requiring
185assistance as defined in section twenty-one, in accordance with the provisions of this section and
186of sections thirty-nine F to thirty-nine I, inclusive. Proceedings pursuant to sections thirty-nine E 10 of 20
187to thirty-nine I, inclusive, shall not be deemed criminal proceedings and any record of these
188proceedings, including the filing of an application for assistance and creation of a docket, shall
189not be entered in the criminal offender record information system. Notwithstanding any general
190or special law to the contrary, no record pertaining to the child involved in the proceedings shall
191be maintained or remain active after the application for assistance is dismissed. The identity and
192record of any child for which an application for assistance is filed shall not be submitted to the
193department of criminal justice information services, criminal offender record information system,
194court activity record index or any other criminal record information system. Proceedings under
195sections 39E to 39I, inclusive, shall be confidential and not open to the public. The jurisdiction
196of the Boston juvenile court for the subject matter of this section shall extend to the territorial
197limits of Suffolk county.
198 A parent, legal guardian, or custodian of a child having custody of such child, may
199initiate an application for assistance in one of said courts stating that said child (i) repeatedly
200runs away from the home of said parent or guardian or repeatedly refuses to obey the lawful and
201reasonable commands of said parent or guardian resulting in said parent's or guardian's inability
202to adequately care for and protect said child, and (ii) is in need of an out-of-home placement or
203other family supports that the family is unable to obtain outside of the juvenile court process and
204has exhausted all relevant available community-based services, as defined in Section 16U of
205Chapter 6A.
206 A school district may initiate an application for assistance in said court stating that said
207child is (i) not excused from attendance in accordance with the lawful and reasonable regulations
208of such child's school, has willfully failed to attend school for more than 8 school days in a
209quarter or repeatedly fails to obey the lawful and reasonable regulations of the child's school, and 11 of 20
210(ii) the school district is seeking specified additional supports that cannot be provided outside of
211the juvenile court process. The application for assistance shall also state whether or not the child
212and the child's family have been referred to an educational advocate or family resource center,
213and whether the child and the child’s family participated in the referred services to the best of the
214applicant’s knowledge. The application shall also provide a statement of the specific steps taken
215by the school district to prevent the child's absenteeism; and if the application for assistance
216states that a child has repeatedly failed to obey the lawful and reasonable regulations of the
217school, a statement of the specific steps taken by the school to improve the child's conduct. The
218application shall detail the specific court intervention the school district is seeking to support the
219child in returning to school or improving the child’s conduct. The school district shall not initiate
220an application for assistance to address matters that fall within the schools’ legal responsibility
221under federal and state law. This prohibition shall include, but not be limited to, the creation or
222amendment of an Individualized Educational Program, decisions regarding the educational
223placement of a student pursuant to an Individualized Education Program or the creation or
224amendment of a Section 504 plan.
225 The application for assistance shall also include an electronic signature from the director
226of the family resource center, or their designee, confirming that a referral was made by the
227school to the family resource center for assistance no fewer than 45 business days prior to the
228filing of the application.
229 Anyone initiating an application for assistance shall also certify that they have received
230and viewed a copy of the materials developed by the office of the child advocate in accordance
231with Section 15 of Chapter 18C. If the petitioner is a parent, legal guardian or custodian the
232probation officer shall provide to the petitioner informational materials, prepared by the court 12 of 20
233that explain the court process and shall include the types of orders that the court may issue and
234the possibility of changes in the custody of the child and may include an explanation of the
235services available through the court process, including language translation services and
236reasonable accommodations, and the manner in which those services are delivered.
237 Before an application for assistance is presented to the clerk for filing, a probation officer
238shall determine if all community-based service options relevant to the child’s needs and
239accessible to the petitioner have been attempted. In making the determination of whether
240community based service options have been exhausted, a probation officer shall discuss with the
241caregiver and/or school petitioner the alternative steps that have been taken, including but not
242limited to participating in services offered through a family resource center or behavioral health
243access center, meeting with educational advocates including the Mental Health Advocacy
244Program for Kids program, and creating or updating an individualized education plan or Section
245504 plan for the child. The probation officer shall also consult with the family resource center
246that is most accessible to the family. Staff at a family resource center shall be permitted to report
247to a probation officer if a child that is the subject of an attempted child requiring assistance filing
248has met with a case manager pursuant to Section 16U subsection (c) of Chapter 6A and if all
249relevant community-based service options have been exhausted.
250 If the probation officer determines that community-based options have not been
251exhausted and the supports requested in the filing can be obtained through a community-based
252service provider or state agency, the probation officer shall reject the petition and directly
253connect the petitioner to a family resource center pursuant to Section 16U of Chapter 6A or the
254relevant state agency. The probation officer may also refer the child to an appropriate public or
255private organization or person for psychiatric, psychological, educational, occupational, medical, 13 of 20
256dental social or substance use treatment services. The probation officer shall ensure the filer has
257received the informational materials developed by the child advocate under Chapter 18C Section
25815 and may also prepare, publish and disseminate to each petitioner additional educational
259material relative to local services as appropriate.
260 If the probation officer determines all community based and state service options relevant
261to the child’s needs and accessible to the petitioner have been exhausted, and the petitioner
262wishes to proceed after receiving informational materials, an application for assistance shall be
263filed with and initiated by the clerk, and the clerk shall set a date for a hearing as soon as
264possible, but not later than 15 days after the request is presented to the clerk for filing, to
265determine whether assistance is needed, and shall notify the child of such hearing
266 The court shall hold a hearing in which it shall receive the recommendation of the
267probation officer and shall either (i) decline to accept the application for assistance because there
268is no probable cause to believe that the child and family are in need of assistance; (ii) decline to
269accept the application for assistance because it finds that the interests of the child would best be
270served by informal assistance, in which case the court shall, with the consent of the child and the
271child's parents or guardian, refer the child to a probation officer for assistance; or (iii) accept the
272application for assistance and schedule a fact-finding hearing. If the child is brought in on
273custodial protection, the court shall accept an application for assistance unless one has already
274been filed, and the court shall immediately request the probation officer promptly to make like
275inquiry and thereafter report to the court the probation officer's recommendation as to whether
276the interests of the child can best be served through referral to community-based services or
277informal assistance without a fact-finding hearing. Upon receiving such recommendation, the 14 of 20
278court may hold a hearing and shall decide whether to proceed with a fact-finding hearing or to
279refer the child to the care of a probation officer for assistance.
280 When an application for assistance is dismissed under this section, the court shall enter an
281order directing expungement of any records of the request and related proceedings maintained by
282the clerk, the court, the department of criminal justice information services, the court activity
283record index and the probation department that directly pertain to the application for assistance.
284 Whenever a child is referred to a probation officer for assistance, such officer may
285conduct conferences with the child and the child's family to effect adjustments or agreements
286which are calculated to resolve the situation which formed the basis of the application for
287assistance and which will eliminate the need for a fact finding hearing. During the pendency of
288such referrals or conferences, neither the child nor the child's parents may be compelled to
289appear at any conferences, produce any papers or visit any place. However, if the child or the
290child's parents fail to participate in good faith in the referrals or conferences arranged by the
291probation officer, the probation officer shall so certify in writing, and the clerk shall accept the
292application for assistance if one has not already been accepted and shall set a date for a fact
293finding hearing. The judge who conducted the hearing on the acceptance of the application for
294assistance shall not preside at any subsequent hearing. Conferences and referrals arranged under
295this section may extend for a period not to exceed 90 days from the date that the application for
296assistance was initially filed, unless the parent and child voluntarily agree in writing to a
297continuation of such conferences or referrals for an additional period not to exceed 90 days from
298the expiration of the original period. Upon the expiration of the initial 90 day period, or of such
299additional 90 day period, the application for assistance, if any, shall be dismissed and the child
300and his parents discharged from any further obligation to participate in such conferences and 15 of 20
301referrals, or an application for assistance shall, if not already accepted, be accepted and a date set
302for a fact-finding hearing. No statements made by a child or by any other person during the
303period of inquiries, conferences or referrals may be used against the child at any subsequent
304hearing to determine that the child requires assistance, but such statements may be received by
305the court after the fact finding hearing for the purpose of disposition.
306 The commissioner of probation shall establish a system to collect data on all requests for
307assistance made and how they are resolved under sections 39E to 39I, inclusive. Said system
308shall maintain the privacy of clients served, assist the court in identifying and addressing the
309needs of the population to be served and collect information related to: demographics of the
310child, including but not limited to the racial and ethnic identify of the child, age, primary
311language, disability status and gender; the insurance status and coverage of clients served;
312whether the child had received support from a family resource center pursuant to Section 16U of
313Chapter 6A or another community-based organization prior to filing, the supports requested as
314detailed in the application, the needs identified by the probation officer, the length of time a child
315is receiving assistance from a probation officer, including the time prior to and subsequent to the
316filing of an application for assistance; whether a school initiated filing involves a need for
317services or placement decisions that fall within the legal responsibility of the school district
318under federal and state law; the identity of any public or private organization to whom a
319probation officer has referred a child or family for services; and any other information that may
320assist the commissioner and the court in evaluating the availability and effectiveness of services
321for children who are the subjects of requests for assistance under this section. The probation
322officer shall gather information concerning each child and family referred to the officer
323including, but not limited to, (i) insurance status and coverage, (ii) the child’s school district (iii) 16 of 20
324whether the child or family received support from a family resource center pursuant to Section
32516U of Chapter 6A, (iv) the supports requested as detailed in the CRA application, (v) the needs
326identified by the probation officer and (vi) other information that may assist the commissioner of
327probation and the court in evaluating the availability and effectiveness of services for children
328who are the subjects of requests for assistance under this section.
329 Upon the filing of an application for assistance under this section, the court may issue a
330summons, to which a copy of the application for assistance shall be attached, requiring the child
331named in such application to appear before said court at the time set forth in the summons. If
332such child fails to obey the summons, said court may issue a warrant reciting the substance of the
333petition and requiring the officer to whom it is directed forthwith to take and bring such child
334before said court. Notice of the hearing shall be given to the department of children and families
335 Where the court summons such child, the court shall in addition issue a summons to both
336parents of the child, if both parents are known to reside in the commonwealth, or to one parent if
337only one is known to reside within the commonwealth, or, if there is no parent residing in the
338commonwealth, then to the parent having custody or to the lawful guardian of such child. Said
339summons shall require the person served to appear at a time and place stated therein at a hearing
340to determine whether or not such child is in need of assistance.
341 Unless service of the summons required by this section is waived in writing, such
342summons shall be served by the constable or police officer, either by delivering it personally to
343the person to whom addressed, or by leaving it with a person of proper age to receive the same,
344at the place of residence or business of such person, and said constable or police officer shall
345immediately make return to the court of the time and manner of service. 17 of 20
346 SECTION 7. Chapter 119 is hereby amended by striking out section 39G and replacing it
347with the following new text:-
348 Section 39G. At any hearing to determine whether a child and family require assistance,
349said child and the child's attorney shall be present and the parent, legal guardian or custodian
350shall be given an opportunity to be heard. The petitioner and any party may file a motion to
351dismiss the request for assistance at any time prior to a hearing to determine the disposition of a
352request for assistance. The judge, upon a filing of a motion to dismiss, shall order that the
353request for assistance be dismissed upon a showing that the dismissal is in the best interests of
354the child or if all parties agree to the dismissal. A probation officer may at any time recommend
355to the court that the request for assistance be dismissed upon a showing that dismissal is in the
356best interests of the child.
357 Upon making a finding that a child requires assistance after a fact finding hearing, the
358court shall convene and may participate in a conference of the probation officer who conducted
359the preliminary inquiry, a representative from a family resource center or other community-based
360services program, if involved with the family, the petitioner, a representative from the child's
361school, the child's parent, legal guardian or custodian, the child and the child's attorney, a
362representative of the department of children and families, if involved with the family, and any
363other person who may be helpful in determining the most effective assistance available to be
364offered to the child and family including representatives from MassHealth, the juvenile court
365clinic and other state entities depending on the supports requested. The probation officer shall
366present written recommendations and other persons at the conference may present written
367recommendations to the court to advise the court on appropriate treatment and services for the 18 of 20
368child and family, appropriate placement for the child, and appropriate conditions and limitations
369of such placement.
370 At the conference and subsequent hearing on disposition, the child and the child's
371attorney shall be present and the parents, legal guardian or custodian, and the child and petitioner
372shall be given an opportunity to be heard. The court may receive evidence as to the best
373disposition from all persons who participate in the conference and any other person who may be
374helpful in determining an appropriate disposition.
375 If the court finds the statements in the application for assistance have been proved at the
376hearing beyond a reasonable doubt, it may determine the child to be in need of assistance. Upon
377making such determination, the court, taking into consideration the physical and emotional
378welfare of the child, may make any of the following orders of disposition:
379 (a) subject to any conditions and limitations the court may prescribe, including provision
380for medical, psychological, psychiatric, educational, occupational and social services, and for
381supervision by a court clinic or by any public or private organization providing counseling or
382guidance services, permit the child to remain with his parents, legal guardian or custodian;
383 (b) subject to such conditions and limitations as the court may prescribe, including, but
384not limited to provisions for those services described in clause (a), place the child in the care of
385a relative, or other adult individual who, after inquiry by the probation officer or other person or
386agency designated by the court, is found to be qualified to receive and care for the child;
387 (c) subject to the provisions of sections 32 and 33 and with such conditions and
388limitations as the court may recommend, place the child in the custody of the department of
389children and families. At the same time, the court shall consider the provisions of section 29C 19 of 20
390and shall make the written certification and determinations required by said section 29C. The
391department shall give due consideration to the recommendations of the court. The department
392may not refuse out-of-home placement of a child if the placement is recommended by the court
393provided that the court has made the written certification and determinations required by said
394section 29C. The department shall direct the type and length of such out-of-home placement. The
395department shall give due consideration to the requests of the child that the child be placed
396outside the home of a parent or guardian where there is a history of abuse and neglect in the
397home by the parent or guardian.
398 If the family or child are directed by the court to participate in treatment or services
399which are eligible for coverage by an insurance plan or other third-party payer, payment for such
400services shall not be denied if the treatment or services otherwise meet the criteria for coverage.
401 A child who is the subject of an application for assistance may not be confined in
402shackles or similar restraints or in a court lockup facility in connection with any proceedings
403under sections 39E to 39I, inclusive. A child who is the subject of an application for assistance
404shall not be placed in a locked facility or any facility designated or operated for juveniles who
405are alleged to be delinquent or who have been adjudicated delinquent. Such child may, however,
406be placed in a facility which operates as a group home to provide therapeutic care for juveniles,
407regardless of whether juveniles adjudicated delinquent are also provided care in such facility.
408 Any order of disposition pursuant to this section shall continue in force for not more than
409120 days; provided, however, that the court which entered the order may, after a hearing, extend
410its duration for up to 3 additional periods, each such period not to exceed 90 days if the court 20 of 20
411finds that the purposes of the order have not been accomplished and that such extension would
412be reasonably likely to further those purposes.
413 No order shall continue in effect after the eighteenth birthday of a child named in an
414application for assistance authorized to be filed by a parent, a legal guardian or custodian or a
415police officer or after the sixteenth birthday of a child named in a petition authorized to be filed
416by a school district.