Notwithstanding the provisions of 109 CMR 8.00, the Commissioner may, for emergency reasons as defined in 109 CMR 8.03, order a youth to be placed or remain in a secure placement past his or her anticipated date of return to the community. A youth facing placement or retention in a secure placement for emergency reasons shall be afforded the following:

1. (a) Prompt notice of the Emergency Provision request;
2. (b) Access to counsel where the request is to place or retain a youth in a secure placement beyond seven days; and
3. (c) Disclosure of and an opportunity to submit a written response to the information relied upon by the Department.

REGULATORY AUTHORITY

109 CMR 8.00: M.G.L. c. 120, § 4, 6 and 12.