Section 13 Juveniles and youthful offenders; examination; admission; inpatient or outpatient treatment; report; department of youth services; jurisdiction - Massachusetts Statutes

Section 13. The division shall accept for referral juveniles and youthful offenders referred to the division by the department of youth services. Application by the department of youth services for such referral shall be made to the director.

Upon receipt by the director of a request for referral from the youth service board, he shall, unless the person has been examined pursuant to section ten, designate a psychiatrist or, if in the discretion of the director it is impracticable to do so, a physician, to make an examination of the person to be referred to determine whether or not he is a drug dependent person who would benefit by treatment. The psychiatrist or physician shall report his findings in writing to the director after the completion of the examination, stating the facts upon which the findings are based and the reasons therefor.

If the director finds that the person is a drug dependent person who would benefit by treatment and that adequate treatment is available at an appropriate facility, he may recommend to the department of youth services that the person be admitted to the facility as an inpatient or an outpatient.

In determining whether to admit to a facility a person who is reported to be a drug dependent person who would benefit by treatment, the director shall consider the past record of treatment, if any, afforded the person at a facility, and whether or not the person complied with the terms of any prior admission.

If the director decides to admit to a facility a juvenile or youthful offender pursuant to this section, he shall recommend to the department of youth services the period deemed necessary to accomplish adequate and appropriate treatment but in no case shall the period exceed one year. The director shall also notify the department of youth services of the nature of the treatment to be afforded and the facility to which the person will be admitted. If the department of youth services consents in writing to admission to the facility, to the nature of the treatment to be afforded, and to the period deemed necessary to accomplish treatment, the person shall be admitted to the facility.

If the director decides that the referral to the division is to be refused because the juvenile or youthful offender 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 the department of youth services the basis for this decision.

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

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