Mass. Gen. Laws » Part I Title XVII Chapter 119
Massachusetts General Laws

Mass. Gen. Laws ch. 119, § 29 (2026)

Right to counsel; notice of right; court appointed counsel

✓ current as of July 2026
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Section 29. The following persons shall have and shall be informed of the right to counsel, and the court shall appoint counsel for all such persons if the person is not able to retain counsel: (i) an adult who is under the responsibility of the department under clause (1) of subsection (a) of section 23; (ii) a child who is before the court under clauses (1) and (3) of said subsection (a) of said section 23, sections 24 to 27, inclusive, or section 29B; (iii) a child in a custody proceeding where the department or a licensed placement agency is a party; and (iv) any young adult to whom subsection (f) of section 23 applies.

Whenever the department or a licensed child placement agency is a party to child custody proceedings, the parent, guardian or custodian of the child, or a parent or guardian of an adult who is the responsibility of the department under clause (3) of subsection (a) of section 23: (i) shall have and be informed of the right to counsel at all such hearings, including proceedings under sections 5–201, 5–204 or 5–206 of chapter 190B, and that the court shall appoint counsel if the parent, guardian or custodian is financially unable to retain counsel; and (ii) shall have and be informed of the right to a service plan or case plan for the child and the child's family, or an adult who is the responsibility of the department under clause (3) of subsection (a) of section 23, which complies with applicable state and federal laws and regulations for these plans. Any young adult to whom subsection (f) of section 23 applies is also entitled to such service plan or case plan. The probate and family court and the juvenile court departments of the trial court shall establish procedures for: (i) notifying the parent, guardian or custodian of these rights; and (ii) appointing counsel for an indigent parent, guardian or custodian within 14 days of a licensed child placement agency filing or appearing as a party in any such action. The department or agency shall provide a copy of the service or case plan to the parent, guardian or custodian of the child or of an adult who is the responsibility of the department under clause (3) of subsection (a) of section 23, or to an adult who is the responsibility of the department under clause (3) of subsection (a) of section 23 or section 5–305 of chapter 190B, or any young adult to whom subsection (f) of section 23 applies and to the attorneys for all parties appearing in the proceeding within 45 days of the department or agency filing an appearance in such proceeding. Thereafter, any party may have the original or changed plan introduced as evidence, and with the consent of all parties the plan shall be filed with the court. Notwithstanding this section, the court may make such temporary orders as may be necessary to protect the adult who is under the responsibility of the department under clause (3) of subsection (a) of section 23 or the child and society.

The department, upon its request, shall be represented by the district attorney for the district in which the case is being heard.

Notes of Decisions
Cited in 28 cases (4 in the last 5 years), 1980–2026 · leading case: In re Hilary, 880 N.E.2d 343 (Mass. 2008).
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In re Hilary, 880 N.E.2d 343 (Mass. 2008). · cites it 13× “Because we conclude that, pursuant to G. L. c. 119, § 29, parents are entitled to counsel at the dispositional phase of a CHINS proceeding if the judge is considering awarding custody to the Department of Social Services (department), and have a concomitant right to intervene in…”
Adoption of Holly, 738 N.E.2d 1115 (Mass. 2000). · cites it 5× “asserts that this ruling directly contradicts standing order 1-93 (4), which, he claims, requires Juvenile Court judges to appoint counsel in all cases for all identified parents.”
Care & Prot. of Stephen, 514 N.E.2d 1087 (Mass. 1987). · cites it 2× “Accordingly, we conclude that parents are entitled to the effective assistance of counsel pursuant to G. L. c. 119, § 29. 3 We have addressed the question of effective assistance of counsel in the context of criminal representation, and we turn to those decisions as a guide in…”
Care & Prot. of Thomasina, 915 N.E.2d 569 (Mass. App. Ct. 2009). · cites it 3× “In addition to these rights, a parent has the right to visit the child; the right to legal representation at each stage of the proceedings, see G. L. c. 119, § 29, as appearing in St. 2008, c.”
In Re Adoption of Ulrich, 119 N.E.3d 298 (Mass. App. Ct. 2019). “A single justice of this court denied the mother's motion. On appeal from that denial, the mother contends that the single justice should have allowed her to pursue the new trial motion in the Juvenile Court, without regard to a threshold assessment of her prospects for success.”
Commonwealth v. Patton, 934 N.E.2d 236 (Mass. 2010). “8 See *127 G. L. c. 119, § 29. See also State v. Anonymous, 179 Conn.”
Custody of Two Minors, 487 N.E.2d 1358 (Mass. 1986). “See G. L. c. 119, § 29 (parents’ right to counsel in custody proceedings).”
Petition of the Dep't of Soc. Servs. to Dispense With Consent to Adoption, 429 N.E.2d 685 (Mass. 1981). · cites it 2× “119, § 24; the appointment of counsel, G. L. c. 119, § 29; and notice of a right to appeal, G.”
Care & Prot. of M.C., 94 N.E.3d 379 (Mass. 2018). “See G. L. c. 119, § 29. "Custody proceedings are not criminal in nature[, however,] and, accordingly, the full panoply of constitutional rights afforded criminal defendants does not apply in these cases.”
Commonwealth v. Godwin, 804 N.E.2d 940 (Mass. App. Ct. 2004). · cites it 2× “680, 688 (2000), the Supreme Judicial Court held, in interpreting G. L. c. 119, § 29, 9 that it was “obvious from [the] statutory language that a parent must first demonstrate indigency before counsel is appointed.”
Lamare v. Basbanes, 636 N.E.2d 218 (Mass. 1994). “In this case, at all relevant times the defendant represented the children’s father. The children were represented by their guardian ad litem during the care and protection proceedings.”
Care & Prot. of Benjamin, 525 N.E.2d 418 (Mass. 1988). · cites it 2× “* * 5 The mother’s statutory right to counsel (G. L. c. 119, § 29) would be seriously threatened if such a practice were tolerated.”
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