2006 Massachusetts Code - Chapter 119 — Section 29. Counsel for child; appointment.

Section 29. Whenever a child is before any court under subsection C of section twenty-three or sections twenty-four to twenty-seven, inclusive, or section twenty-nine B, said child shall have and shall be informed of the right to counsel at all hearings, and if said child is not able to retain counsel, the court shall appoint counsel for said child. The parent, guardian or custodian of such child shall have and shall be informed of the right to counsel at all hearings under said sections and in any other proceeding regarding child custody where the department of social services or a licensed child placement agency is a party, including such proceedings under sections five and fourteen of chapter two hundred and one; and if said parent, guardian or custodian of such child is financially unable to retain counsel, the court shall appoint counsel for said parent, guardian or custodian. The probate and family court department of the trial court shall establish procedures for notifying said parent, guardian or custodian of such right, and for appointing counsel for an indigent parent, guardian or custodian within fourteen days of a licensed child placement agency filing or appearing as a party in any such action. In any such proceeding regarding child custody, where the department of social services or a licensed child placement agency is a party, the parent, guardian or custodian of such child shall have and shall be informed of the right to a service or case plan for the child and his family which complies with applicable state and federal laws and regulations regarding such plans. The department or agency shall provide a copy of such plan to the parent, guardian or custodian of the child and to the attorneys for all parties appearing in the proceeding within forty-five days of the department or agency filing an appearance in such proceeding. Thereafter, any party may have the original or changed plan introduced as evidence, and with the consent of all parties such plan shall be filed with the court. Notwithstanding the provisions of this section, the court may make such temporary orders as may be necessary to protect the child and society.

The department, upon its request, shall be represented by the district attorney for the district in which the case is being heard.