S.P. 752 - L.D. 2030
An Act to Promote the Receipt of Federal Funds and to Clarify the Maine Juvenile Code
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §3314, sub-§1, ¶H, as amended by PL 1993, c. 354, §8, is further amended to read:
H. The court may commit the juvenile to the Maine Youth Center and order that the disposition be suspended or may commit the juvenile for a period of detention that may not exceed 30 days, with or without an underlying suspended disposition to the Maine Youth Center, which detention may be served intermittently as the court may order and must be ordered served in a detention facility approved or operated by the Department of Corrections exclusively for juveniles. The court may order such a disposition to be served as a part of and with a period of probation, which is subject to such provisions of Title 17-A, section 1204 as the court may order and which must be administered pursuant to Title 34-A, chapter 5, subchapter IV. Revocation of probation is governed by the procedure contained in subsection 2. Any disposition under this paragraph is subject to Title 17-A, section 1253, subsection 2, but not to Title 17-A, section 1253, subsection 3-B, 4 or, 5 or 8. Any disposition under this paragraph ordering a period of detention to be served in a county-operated detention facility by a juvenile from another county is governed by section 1705.
Sec. 2. 15 MRSA §3316, as amended by PL 1995, c. 502, Pt. F, §9, is further amended to read:
§3316. Commitment to the Maine Youth Center or the Department of Human Services
1. Sharing of information about a committed juvenile. Information regarding a committed juvenile must be shared as follows.
A. When a juvenile is committed to the Department of Corrections Maine Youth Center or the Department of Human Services, the court shall transmit, with the commitment order, a copy of the petition, the order of adjudication, copies of the social study, any clinical or educational reports and other information pertinent to the care and treatment of the juvenile;.
B. The Department of Corrections Maine Youth Center or the Department of Human Services shall provide the court with any information concerning a juvenile committed to its care which that the court at any time may require.
2. Indeterminate disposition. The following provisions apply to indeterminate dispositions.
A. A commitment of a juvenile to the Maine Youth Center pursuant to section 3314 must be for an indeterminate period not to extend beyond the juvenile's 18th birthday unless the court expressly further limits or extends the indeterminate commitment, as long as the court does not limit the commitment to less than one year nor extend the commitment beyond a juvenile's 21st birthday and as long as an order does not result in a commitment of less than one year, unless the commitment is for an indeterminate period not to extend beyond the juvenile's 21st birthday. Nothing in this Part may be construed to prohibit the provision to a juvenile following the expiration of the juvenile's term of commitment of services voluntarily accepted by the juvenile and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated; except that these services may not be extended beyond the juvenile's 21st birthday.
B. A commitment of a juvenile to the Department of Human Services pursuant to section 3314 shall must be for an indeterminate period not to extend beyond the juvenile's 18th birthday unless the court expressly further limits the commitment.
3. Provision of services. Nothing in this chapter may prevent juveniles in the custody of the Department of Corrections from receiving services from the Department of Human Services.
4. Voluntary services. The following applies to voluntary services agreement provisions.
A. This chapter does not prevent a juvenile from receiving services from the Department of Corrections pursuant to a voluntary agreement with the juvenile and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated.
B. If a juvenile is placed in a residence outside the juvenile's home pursuant to a voluntary services agreement, the Commissioner of Cor-
rections or the commissioner's designee may request the court to make a determination whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home and whether continuation in the juvenile's home would be contrary to the welfare of the juvenile. If requested, the court shall make that determination prior to the expiration of 180 days from the start of the placement and shall review that determination not less than once every 12 months until the juvenile is no longer residing outside the juvenile's home.
Effective June 30, 1998, unless otherwise indicated.
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