Number 13 September 20, 1973

Number 13 September 20, 1973 The Honorable Joseph M. Leavey Commissioner Department of Youth Services 73 Tremont Street Boston, Massachusetts Dear Commissioner Leavey: You have requested my opinion as to whether or not you must honor a court's choice of a particular location, as stated on a mittimus, when a child is committed to the Department of Youth Services for further ex- amination, trial or continuance, or for further indictment and trial, pur- suant to Massachusetts G.L. c. 119, §68. Pursuant to Section 68, the Department of Youth Services may provide special foster homes and detention homes for children held for further examination or trial. In considering your question, it appears that the provisions of G.L. c. 119, § 68B are applicable. That section provides: ''The department of youth services may use or provide special foster homes and places of temporary custody com- monly referred to as detention homes, at various places in the commonwealth which shall be completely separate from any police station, town lockup or jail, and which shall be used solely for the temporary care, custody and study of children committed to the care of the department of youth services. The commissioner of youth services may at his discretion transfer any child thus committed from any foster home or detention home to another such foster home or detention home." It seems clear that you as Commissioner may transfer any child com- mitted on a temporary basis from any foster home at your discretion, if you comply with other applicable statutes concerning the types of places to be maintained. I therefore answer your question in the negative. Very truly yours, ROBERT H. QUINN Attorney General P.D. 12 71