155 Kids and the Law The rules of evidence at the probation surrender hearing are not as strict as the rules at a trial. The judge may allow the probation officer to present infor- mation that would not be admitted at a trial. For example, the judge may read a police report, if it is reliable and trustworthy, and find that there is probable cause to believe the child violated probation by committing a new offense. The judge can make this decision even if the child is still waiting to go to trial for that new offense. Or, the judge can choose to wait until a finding has been entered on the new offense before holding a final probation surrender hearing. If a judge finds there is probable cause to believe the child violated a condition of probation, the judge may impose any disposition that could have been im- posed when the child was first sentenced; the judge can extend the length of probation, add new conditions of probation or commit the child to DYS. If the judge finds there is no probable cause to believe the child has violated the conditions of probation, the probation surrender is dismissed and proba- tion is continued until the original date set by the court. What is a “stayed” DYS sentence? The child is committed to DYS, but the court does not order the child into immediate DYS custody. These sentences are rare and are usually imposed in order to allow the child to follow through on services such as psychological testing or medical appointments. Can a juvenile’s case(s) be expunged (erased) from their record? Yes, but only in certain kinds of cases and only for first time offenses. A three- year wait is required for misdemeanors and seven-year wait for felonies.  The laws regarding delinquents are found in Massachusetts General Laws chap- ter 119, Sections 52–89. Delinquent Children 11