Audit of the Juvenile Court Department

This is a performance audit of the Massachusetts Juvenile Court Department covering November 5, 2018 through March 15, 2020.

“In accordance with Section 12 of Chapter 11 of the Massachusetts General Laws, the Office of the State Auditor has conducted a performance audit of the Juvenile Court Department (JCD) for the period November 5, 2018 through March 15, 2020.”

The audit was meant to see whether Juvenile Court offered pretrial diversion to youth and only used restraints in court when legally justified.

“The objectives of this audit were to determine whether JCD abided by Section 54A of Chapter 119 of the General Laws by offering pretrial diversion to juveniles and whether JCD placed juveniles in restraints during court proceedings only when necessary, as required by Section 86(b) of Chapter 119 of the General Laws.”

These issues matter because diversion can help youth avoid deeper involvement in the court system, and restraints should not be used on juveniles without a good reason.

“Section 86(b) of Chapter 119 of the General Laws prohibits courts from restraining juveniles in the courtroom during court proceedings without good reason to do so.”

For residents, the key takeaway is accountability: the court needs better statewide records so the public can know whether youth are treated fairly and whether programs are working.

“JCD could also use this information to assess the effectiveness of its programs at reducing recidivism.”

The auditors could not say whether the court followed the law because key records about diversion and restraints were missing or not centrally tracked.

“JCD lacked data that would have allowed us to perform our audit testing.”

The Juvenile Court said it would add docket codes and instructions so it can report on diversion and track when juveniles are restrained in court.

“The Administrative Office of the Juvenile Court accepts your recommendation of monitoring and tracking the use of restraints and will create a new docket code to be used whenever the court orders that a juvenile be restrained during court proceedings.”

A diversion program means supervision and services, such as counseling, treatment, education, training, or community service, meant to help the youth and protect the public instead of moving the case further through court.

“Any program of community supervision and services including, but not limited to, medical, educational, vocational, social, substance use disorder treatment and psychological services, corrective and preventive guidance, training, performance of community service work, counseling, provision for residence in a halfway house or other suitable place, and other rehabilitative services designed to protect the public and benefit the individual.”