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PUBLIC LAWS OF MAINE
Second Regular Session of the 120th

CHAPTER 517
H.P. 1464 - L.D. 1961

An Act to Allow Private Psychiatric Hospitalization of Residents of Department of Corrections Juvenile Facilities

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

     Sec. 1. 34-A MRSA §3809-A, sub-§3 is enacted to read:

     3. Psychiatric hospitalization. The commissioner has all the power over a juvenile client that a guardian has over a ward and that a parent has over a child with regard to necessary psychiatric hospitalization, including hospitalization in a nonstate mental health institution or hospital for the mentally ill. If a juvenile client is or becomes 18 years of age while still under commitment, the statutory guardianship of the commissioner over the juvenile client terminates, but the juvenile client remains subject to the control of the commissioner and staff and rules of the facility until the expiration of the period of commitment or until discharge from the facility. Nothing in this subsection may be construed to override the requirement to make application for psychiatric hospitalization in accordance with Title 34-B, section 3863, unless hospitalization is made with the juvenile client's consent in accordance with Title 34-B, section 3831.

     Sec. 2. 34-A MRSA §4111, sub-§3 is enacted to read:

     3. Psychiatric hospitalization. The commissioner has all the power over a juvenile client that a guardian has over a ward and that a parent has over a child with regard to necessary psychiatric hospitalization, including hospitalization in a nonstate mental health institution or hospital for the mentally ill. If a juvenile client is or becomes 18 years of age while still under commitment, the statutory guardianship of the commissioner over the juvenile client terminates, but the juvenile client remains subject to the control of the commissioner and staff and rules of the facility until the expiration of the period of commitment or until discharge from the facility. Nothing in this subsection may be construed to override the requirement to make application for psychiatric hospitalization in accordance with Title 34-B, section 3863, unless hospitalization is made with the juvenile client's consent in accordance with Title 34-B, section 3831.

Effective July 25, 2002, unless otherwise indicated.

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