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Children and the Law

This guide contains resources available in many areas of law that affect children, such as juvenile justice, child welfare, children requiring assistance, education and health law.

Massachusetts Legal Research

When you are begining a legal research project, it is often best to start in a secondary source to get the scope of the law, leads to applicable primary law, and valuable information on available resources.  There are a number of materials published by the Massachuestts Continuing Legal Education (MCLE) that provide practical guidance for attorneys (and law students) conducting legal research in Massachusetts.  The Massachusetts Practice Series, a large encyclopedic set written by practicing attorneys, judges, and professors, has a number of volumes that could be helpful for doing juvenile law research.  For more information about accessing these types of secondary sources online and for particular recommendations on titles of interest, look to the resources described on this page in the Massachusetts Practice Materials.

Massachusetts Statutes & Regulations

Massachusetts Juvenile Court Department

The Massachusetts Juvenile Court Department has general jurisdiction over delinquency, children requiring care, care and protection petitions, adult contributing to a delinquency of a minor cases, adoption, guardianship, termination of parental rights proceedings, and youthful offender cases. There are eleven divisions of the juvenile court with sessions in more than forty locations. The names and territorial jurisdictions are contained in G.L. c.218, s.57.

Massachusetts Agencies (select)

Department of Children and Families
The Department of Children and Families (formerly the Department of Social Services) is the state agency responsible for protecting children and helping families in need.  The DCF posts unofficial versions of their regulations and polices on this website.  Other information found here includes: description of services provided by DCF; other publications and reports; and some forms.  Select decisions of hearing officers have been posted on the MassLegal Services Library.  

Department of Youth Services
The Department of Youth Services oversees a number of programs for juvenile offenders including clinicial, health, and educational services.  The DYS webpage contains information about the services offered by this agency, links to policy documents (in Word), a DYS region map and contact information for all regions.  Pursuit to 109 CMR 3.04, access to DYS records are limited to clients, guardians, attorneys or other limited authorized persons.

Department of Elementary & Secondary Education
Contains links to information about the Massachusetts school systems, including information on state and federal laws and regulations dealing with special education.  Contains links to the Bureau of Special Education Appeals.

Division of Administrative Law Appeals
Contains links to decisions of DALA, tips on practicing at DALA, and decision search tips.

Department of Mental Health
The Department of Mental Health has provided a number of helpful resources on this website including: resource guidesDMH forms, Human Rights Handbook (in English and Spanish), DHS guidelines and  DHS initiatives.

Other Agencies
Secondary sources can be instructive to finding out which Massachusetts administrative agency deals with a particular juvenile law issue.  One indispensible guide to general Massachusetts legal research is the MCLE Handbook of Legal Research in Massachusetts.  Available on Lexis, Westlaw, and MCLE OnlinePass.  (Individual password required for Lexis and Westlaw; BC Law access for MCLE OnLinePass.)

Finding Agency Decisions
Select state agency decisions can be found on Lexis Advance, Westlaw, the Social Law Library database, and on the particular agency website. Not all agencies issue decisions or publish decisions online.  The Massachusetts Trial Court Law Libraries maintains a list of online agency decisions.  Some non-profit organizations, such as Mass Legal Services, may also post administrative decisions.

Massachusetts Practice Materials

Databases Available to BC Law Students

Special Ed Connection:

A specialized online resource for information and guidance regarding all aspects of special education. It covers both federal and state materials, including the legal cases, statutes and regulations, federal policies, OSERS/OSEP and OCR letters, forms, tools and more. (Individual Password Required) 

Trellis:

Trellis is a state trial court legal research and analytics platform with AI-based insights on judges, opposing counsel, motions, dockets, and legal issues. States covered: Massachusetts, New York, Delaware, and California. Personal registration requires a BC email address. 

Lexis:

On Lexis, limit your search by using the dropdown menus under the main search box.  For example, depending on the juvenile justice issue you are researching, you could limit to criminal or family law (or both).  Lexis has a number of helpful resources including Massachusetts Continuing Legal Eduction (MCLE) materials, the Annotated Laws of Massachusetts, select Massachusetts administrative agency decisions, and general treatises, such as Rapp's Education Law. (Individual Password Required)

Westlaw:

On Westlaw, you can  scroll to materials organized by area of law  using the "Practice Areas" tab.  Westlaw has the Massachusetts General Laws Annotated, select Massachusetts administrative agency decisions, Massachusetts treatises, such as  the Massachusetts Practice series & MCLE materials, and general treatises, such as Legal Rights of Children. (Individual Password Required) 

Massachusetts Databases

In addition to the Massachusetts resources available on LexisNexis, Westlaw and Bloomberg law there are other specilized Massachusetts databases available to Boston College law students such as the Social Law Library Databases.

Social Law Library Databases - These resources include Massachusetts case law, statutes, regulations, and select administrative decisions, including Bureau of Special Education Appeals opinions.  (BC Law School Access)

MCLE Online PassProvides unlimited access to all available online content from MCLE including the entire collection of practice manuals, and over 400 ebooks.  (BC Law School Access)

Massachusetts Organizations

Mass Legal Services - Many helpful resources organized by topic inlcuding general resources, court materials, and very select agency decisions from DDS, DHCD, and BSEA.

Children's Law Center - Many helpful resources under Publications.

CPCS Training - Many helpful resources including a new app, that includes duty day resources, statutes, practice guides and more.

Metnal Health Legal Advisors Committee - Many helpful resources.