Chapter 507: PETITION, ADJUDICATION AND DISPOSITION
§3312. Dispositional hearing
1.Evidence of proper disposition.
After making an order of adjudication, the court shall hear evidence on the question
of the proper disposition best serving the interests of the juvenile and the public.
Such evidence must include, but is not necessarily limited to, the social study and
written report, if ordered prepared under section 3311, subsection 3, and other reports
as provided in section 3311, subsection 1. Any person who would be entitled to address
the court pursuant to Title 17-A, section 1257 if the conduct for which the juvenile
has been adjudicated had been committed by an adult, as provided in that section,
must be accorded notice of the dispositional hearing and the right to address the
court. The Maine Rules of Evidence do not apply in dispositional hearings.
1995, c. 253, §3 (AMD)
2.Examination of adjudicated juvenile.
The court may have the juvenile examined by a physician or psychologist, and may
place the juvenile in a hospital or other suitable facility or nonresidential program
for this purpose. The cost of such examinations and placements shall be paid in whole
or in part by the juvenile's parents. The court shall pay the costs if it finds that
the parents are unable to pay or that it is not in the best interest of the juvenile
to have the juvenile's parents pay.
1987, c. 400, §1 (AMD)
3.Continuation of dispositional hearing.
A dispositional hearing may be continued in the following circumstances.
A. The court may continue the dispositional hearing, either on its own motion or on
the motion of any interested party:
(1) For a period not to exceed one month to receive reports or other evidence;
(2) For a period not to exceed 2 months to allow for service of notice as required
in section 3314, subsection 1, paragraph C-1 or C-2;
(3) For a period not to exceed 12 months in order to place the juvenile in a supervised
work or service program or a restitution program, or for such other purpose as the
court in its discretion determines appropriate. If a supervised work or service program
or restitution program has been ordered, the court shall on final disposition consider
whether or not there has been compliance with the program so ordered; or
(4) For a period not to exceed 15 months in order to place the juvenile in a juvenile
drug treatment court program. If a juvenile drug treatment court program has been
ordered, the court shall on final disposition consider whether or not there has been
compliance with the program so ordered. [2001, c. 508, §1 (AMD).]
B. If the hearing is continued, the court shall make an appropriate order for detention
of the juvenile or for the juvenile's release in the custody of the juvenile's parents,
guardian, legal custodian or other responsible person or agency under such conditions
of supervision as the court may impose during the continuance. The court may order
a juvenile into the temporary custody of the Department of Health and Human Services
only if the following conditions are met:
(1) That service of notice of the dispositional hearing as required under section
3314, subsection 1, paragraph C-1, has not been made on parents who reside outside
the State or whose whereabouts are unknown after a diligent search;
(2) That the Department of Health and Human Services has:
(a) Received written notice of the hearing on temporary custody at least 10 days
before the hearing, provided that the department may waive this 10-day requirement
in writing; and
(b) Had an opportunity to be heard before any order of temporary custody;
(3) That notice under section 3314, subsection 1, paragraph C-1, has been served
on the juvenile's legal custodian at least 10 days before any order of temporary custody
to the Department of Health and Human Services and that the legal custodian has had
an opportunity to be heard before the issuance of a temporary order, provided that
the juvenile's custodian may waive the 10-day notice requirement if the waiver is
in writing and voluntarily and knowingly executed in court before a judge;
(4) That the court finds that either:
(a) The juvenile does not meet the criteria for detention; or
(b) It is not necessary or appropriate to detain the juvenile; and
(5) That the court finds by a preponderance of the evidence that:
(a) Reasonable efforts have been made to prevent or eliminate the need for removal
of the juvenile from the juvenile's home;
(b) Continuation in the juvenile's home during the period required for service of
notice under section 3314, subsection 1, paragraph C-1, would be contrary to the welfare
of the juvenile; and
(c) Temporary custody is necessary to provide for the care and support of the juvenile
during this period.
Any order of temporary custody terminates upon an order of disposition under section
3314, or automatically 2 months after issuance, whichever occurs first. [1987, c. 720, §4 (RPR); 2003, c. 689, Pt. B, §6 (REV).]
C. In scheduling investigations and hearings, the court shall give priority to proceedings
concerning a juvenile who is in detention or who has otherwise been removed from the
juvenile's home before an order of disposition has been made. [1987, c. 720, §4 (RPR).]
D. If the court finds, after opportunity for hearing, that a juvenile released with
a condition of participation in a juvenile drug treatment court program has intentionally
or knowingly violated that condition, the court may impose a sanction of up to 7 days' confinement in a facility approved or operated by the Department of Corrections exclusively for juveniles.
Nothing in this paragraph restricts the ability of the court to impose sanctions other
than confinement for the violation of a condition of participation in a juvenile drug treatment court
program or the ability of the court to enter any dispositional order allowed under
section 3314 on final disposition. [2007, c. 96, §4 (AMD).]
2007, c. 96, §4 (AMD)
1977, c. 520, §1 (NEW).
1979, c. 373, §5 (AMD).
1979, c. 681, §28 (AMD).
1987, c. 400, §1 (AMD).
1987, c. 720, §4 (AMD).
1995, c. 253, §3 (AMD).
1999, c. 624, §§B19,20 (AMD).
2001, c. 508, §1 (AMD).
2003, c. 689, §B6 (REV).
2007, c. 96, §4 (AMD).
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