LD 1376
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LD 1376 Title Page An Act To Amend the Laws Governing the Right to Periodic Review under the Maine... Page 2 of 3
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LR 724
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §3315, sub-§1, as amended by PL 2001, c. 696, §6 and
PL 2003, c. 689, Pt. B, §6, is further amended to read:

 
1. Right to review. Every disposition pursuant to section
3314, other than unconditional discharge, must be reviewed not
less than once in every 12 6 months until the juvenile is
discharged. The review must be made by a representative of the
Department of Corrections unless the juvenile was committed to
the Department of Health and Human Services, in which case such
review must be made by a representative of the Department of
Health and Human Services. A report of the review must be made in
writing to the juvenile's parents, guardian or legal custodian. A
copy of the report must be forwarded to the program or programs
that were reviewed, and the department whose personnel made the
review shall retain a copy of the report in their its files. The
written report must be prepared in accordance with subsection 2.
When a juvenile is placed in the custody of the Department of
Health and Human Services, reviews and permanency planning
hearings must be conducted in accordance with Title 22, section
4038. Title 22, sections 4005, 4039 and 4041 also apply.

 
Sec. 2. 15 MRSA §3315, sub-§4 is enacted to read:

 
4.__Juvenile committed to a correctional facility.__Whenever a
juvenile is committed to the custody of the Department of
Corrections pursuant to section 3314, subsection 1, paragraph F,
the court shall appoint a guardian ad litem to represent the
juvenile and shall set a date for review of that commitment.__The
date for review may be no more than 6 months from the date of the
commitment and subsequent reviews must be held at least every 6
months until the juvenile is no longer placed in a correctional
facility.__If a juvenile is released from the correctional
facility and then returned on an aftercare violation, a review
must be held within 3 months of the date of the return.__The
purpose of these reviews is to determine whether reasonable
efforts have been made to eliminate the need for removal of the
juvenile from the juvenile's home and whether the Department of
Corrections has met its statutory obligations pursuant to Title
34-A.

 
The initial review must consist of a review of the report
prepared by the guardian ad litem for the juvenile.__The guardian
ad litem for the juvenile shall prepare and submit that report to
the court, with a copy to the District Attorney and a copy to the
Attorney General, 7 days in advance of the review date set by the
court.__The District Attorney and the Attorney General may file a
written response with the court.__The guardian ad litem for the


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