MA S1051

Referral to juvenile court for a "child requiring assistance" would no longer disqualify that child from diversion programs, and children must consult with legal counsel before waiving diversion proceedings

Statements made by the child or family during assessment, as well as information obtained during assessment, cannot be used against the child if diversion is unsuccessful

Cases diverted by a district attorney would not count as issuance of a criminal complaint for purposes of school discipline under section 37H½ (which addresses suspensions/expulsions for felony charges)

Children are ineligible for diversion if indicted as a youthful offender, charged with offenses that cannot be continued without a finding, or charged with offenses carrying more than 5 years incarceration (unless district court has concurrent jurisdiction), though certain assault and OUI offenses remain eligible

Law enforcement agencies are prohibited from transmitting fingerprints and arrest records of juveniles to the FBI or Department of Justice for offenses committed before the age of criminal majority, except for purposes of requesting record sealing or expungement