Massachusetts General Laws

Mass. Gen. Laws ch. 119, § 53 (2026)

Delinquent children; liberal construction; nature of proceedings

✓ current as of July 2026

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Section 53. Sections fifty-two to sixty-three, inclusive, shall be liberally construed so that the care, custody and discipline of the children brought before the court shall approximate as nearly as possible that which they should receive from their parents, and that, as far as practicable, they shall be treated, not as criminals, but as children in need of aid, encouragement and guidance. Proceedings against children under said sections shall not be deemed criminal proceedings.

Notes of Decisions

Cited in 68 cases (11 in the last 5 years), 1959–2026 · leading case: Commonwealth v. Mogelinski, 1 N.E.3d 237 (Mass. 2013).

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Commonwealth v. Mogelinski, 1 N.E.3d 237 (Mass. 2013). · cites it 4× “8 Finally, we note that G. L. c. 119, § 53, directing courts to construe liberally certain provisions relating to the juvenile justice system, does not supply a basis for reaching an alternative conclusion.”

Wallace W. v. Commonwealth, 128 N.E.3d 581 (Mass. 2019). · cites it 3× “" G. L. c. 119, § 53. Thus, we have repeatedly recognized that the juvenile justice system "is primarily rehabilitative, cognizant of the inherent differences between juvenile and adult offenders, and geared toward the correction and redemption to society of delinquent children"…”

Commonwealth v. Samuel S., a Juv., 69 N.E.3d 573 (Mass. 2017). · cites it 3× “Independent of the rule of lenity, we have said that interpreting an ambiguous statute against a juvenile would conflict with the statutory command of G. L. c. 119, § 53. See Hanson H., 464 Mass.”

Commonwealth v. Connor C., 738 N.E.2d 731 (Mass. 2000). · cites it 4× “See G. L. c. 119, § 53. Rather, it rests its argument on a more narrow statutory analysis that construing the term “convicted” to include a delinquency “adjudication,” harmonizes G.”

Commonwealth v. Walczak, 979 N.E.2d 732 (Mass. 2012). · cites it 3× “” G. L. c. 119, § 53. In other words, “[tjhis is not a punitive scheme strictly akin to the adult criminal justice system.”

Chardin v. Police Comm'r, 989 N.E.2d 392 (Mass. 2013). · cites it 3× “” Significantly, G. L. c. 119, § 53, was firmly in place when the Legislature enacted G.”

Commonwealth v. Hanson H., 985 N.E.2d 1181 (Mass. 2013). · cites it 3× “We also conclude that, where the Legislature has established the statutory principle that, “as far as practicable, [juveniles] shall be treated, not as criminals, but as children in need of aid, encouragement and guidance,” G. L. c. 119, § 53, we will not interpret a statute…”

Commonwealth v. Gavin G., 772 N.E.2d 1067 (Mass. 2002). · cites it 3× “” Police Comm’r, supra at 666, quoting G. L. c. 119, § 53. To that end, a Juvenile Court judge is guided by the best interests of the child, and “has very broad discretion .”

Commonwealth v. Ogden O., 864 N.E.2d 13 (Mass. 2007). · cites it 2× “640, 666 (1978), quoting G. L. c. 119, § 53. See Metcalf v. Commonwealth, 338 Mass.”

Commonwealth v. Magnus M., 961 N.E.2d 581 (Mass. 2012). · cites it 2× “When interpreting any provision governing juvenile delinquency proceedings, we are guided by the two legislative pronouncements housed within G. L. c. 119, § 53. See Metcalf v. Commonwealth, 338 Mass.”

Lazlo L. v. Commonwealth, 122 N.E.3d 532 (Mass. 2019). · cites it 2× “10 The juveniles are correct that that our statutes governing the adjudication **330 of children "shall be liberally construed so that the care, custody and discipline of the children brought before the court shall approximate as nearly as possible that which they should receive…”

Commonwealth v. Anderson, 963 N.E.2d 704 (Mass. 2012). “G. L. c. 119, § 53. See Commonwealth v. Connor C.”

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