143 Kids and the Law allowed to return home. If the child appears for all the court dates, the court returns the money to the person who posted the bail at the end of the case. The judge must consider the family’s ability to pay bail when setting the amount. If bail is set and nobody puts up the money, the child is not allowed to return home and is held by DYS. As a state agency, DYS has facilities all over the state. If the court holds the child on bail, the court will set a continuance date within 15 days. The court may request a diagnostic study of the child. This comprehensive bio-psychosocial evaluation can be done by the juvenile court clinic or other qualified clinicians while the child remains in the community or at DYS if the child is being held. The parent or guardian must consent to such an evalua- tion; after consultation with their attorney, the child may choose to participate in the evaluation. The evaluator will submit a report to the court with recom- mendations. This is sometimes called a 68A evaluation. This name comes from Section 68A of Massachusetts General Laws chapter 119. What if the ADA thinks that the child is dangerous? If the child is charged with a specific offense listed in Massachusetts Gener- al Laws chapter 276, Section 58A, and the ADA thinks the child is dangerous, the ADA can ask the court to hold the child without bail. The court must then schedule a hearing within three days to decide if there are conditions of re- lease that will reasonably assure the safety of any specific person or the general public. The ADA and the child (through the child’s attorney) can negotiate an agreement that sets the conditions of release. If not, there is a hearing. What happens at a 58A hearing? At the hearing, sometimes called a “Dangerousness Hearing,” the child has some of the same rights as at trial. The child has the right to be represented by an attorney, the right to present witnesses, the right to cross-examine wit- nesses and the right to remain silent. However, the same rules of evidence do not apply. Delinquent Children 11