When police arrest a child in Massachusetts, parents often want to know whether they can bring their child home. In many cases, the answer is yes. However, release is not automatic. The child’s age, the charges and other circumstances can affect what happens next.
Massachusetts has specific rules for releasing children after an arrest. Understanding these rules can help parents prepare for the next steps.
When can a child return home?
Under Massachusetts law, police must notify a parent or guardian when they arrest a child between ages 12 and 17 while the court is closed.
A parent or guardian can then provide a written promise to bring the child to court when required. Once the officer in charge accepts that promise, the child can generally go home.
However, the rules differ by age:
- Ages 12 and 13: Police generally must release children arrested without a warrant to a parent or guardian. They cannot set bail.
- Ages 14 to 17: Police may request detention in writing. An arrest warrant may also require detention.
Even after a child returns home, the court case may continue. Parents must make sure their child attends all required hearings.
When might a child remain in custody?
Some arrests raise concerns that may prevent a child from returning home immediately. According to the state’s juvenile bail guidance, officials may consider:
- The seriousness of the charges
- The circumstances surrounding the arrest
- The child’s past juvenile record
- Any instructions in an arrest warrant
- Whether the child has violated probation conditions
Family circumstances can also affect release. For example, police may contact the Department of Children and Families if parents cannot be reached or refuse to take the child home. They may also contact the agency if returning home would place the child in danger. When a child cannot go home, officials must follow rules governing juvenile detention.
How can parents prepare for release?
Parents can start by contacting the police station to learn where their child is and whether release is possible. They should also ask about upcoming court dates and any release conditions.
An attorney who handles juvenile cases can explain these requirements and review the reasons for detention. Legal guidance may also help parents understand their child’s rights and prepare for the first court hearing.
Most importantly, returning home does not mean the charges have disappeared. Parents should continue following the case until the court resolves it.
