Chapter 507: PETITION, ADJUDICATION AND DISPOSITION
§3315. Right to periodic review
1.Right to review.
Every disposition pursuant to section 3314 and 3318-B, other than unconditional discharge, must be reviewed not less than once in every
12 months until the juvenile is discharged. The review must be made by a representative
of the Department of Corrections unless the juvenile has been committed to the custody of the Commissioner 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 files.
The written report must be prepared in accordance with subsection 2. When a juvenile
is placed in the custody of the Commissioner 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
2013, c. 234, §10 (AMD)
2.Contents of review.
The written report of each periodic review shall contain the following information:
A. A brief description of the services provided to the juvenile during the period preceding
the review and the results of those services; [1977, c. 520, §1 (NEW).]
B. An individualized plan for the provision of services to the juvenile for the next
period; [1977, c. 520, §1 (NEW).]
C. A statement showing that the plan imposes the least restricting alternative consistent
with adequate care of the juvenile and protection of the community; and [1977, c. 520, §1 (NEW).]
D. A certification that the services recommended are available and will be afforded to
the juvenile. [1977, c. 520, §1 (NEW).]
1977, c. 520, §1 (NEW)
3.Court review of determination.
Whenever a court makes a determination pursuant to section 3314, subsection 1, paragraph
F or section 3314, subsection 2 that reasonable efforts have been made to prevent
or eliminate the need for removal of the juvenile from the juvenile's home or that
no reasonable efforts are necessary because of the existence of an aggravating factor
as defined in Title 22, section 4002, subsection 1-B and that continuation in the
juvenile's home would be contrary to the welfare of the juvenile, that determination
must be reviewed by the court not less than once every 12 months until the juvenile
is discharged or no longer residing outside the juvenile's home or attains 18 years
of age. This review does not affect a juvenile's commitment to a Department of Corrections
juvenile correctional facility.
2003, c. 503, §3 (AMD)
1977, c. 520, §1 (NEW).
1977, c. 664, §40 (AMD).
1983, c. 480, §B20 (AMD).
1995, c. 502, §F8 (AMD).
1997, c. 464, §2 (AMD).
1997, c. 752, §24 (AMD).
1999, c. 260, §A10 (AMD).
2001, c. 696, §6 (AMD).
2003, c. 503, §3 (AMD).
2003, c. 689, §B6 (REV).
2013, c. 234, §10 (AMD).
Data for this page extracted on 12/03/2013 11:53:15.
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