| | |
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 whether continuation in the juvenile's | | home would be contrary to the welfare of the juvenile.__This | | determination does not affect whether the court orders a commitment | | for a period of detention. |
|
| | | Sec. 2. 15 MRSA §3314, sub-§2, as amended by PL 2001, c. 696, §5, is | | further amended to read: |
|
| | | 2. Suspended disposition. The court may impose any of the | | dispositional alternatives provided in subsection 1 and may | | suspend its disposition and place the juvenile on a specified | | period of probation that is subject to such provisions of Title | | 17-A, section 1204 as the court may order and that is | | administered pursuant to the provisions of Title 34-A, chapter 5, | subchapter IV 4, except that the court may not impose the | | condition set out in Title 17-A, section 1204, subsection 1-A. | | The court may impose as a condition of probation that a juvenile | | must reside outside the juvenile's home in a setting satisfactory | | to the juvenile community corrections officer if the court | | determines 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. Imposition of such a condition does not affect the | | legal custody of the juvenile. |
|
| | | Modification of probation is governed by the procedures contained | | in Title 17-A, section 1202, subsection 2. Termination of | | probation is governed by the procedures contained in Title 17-A, | | section 1202, subsection 3. Revocation of probation is governed | | by the procedures contained in Title 17-A, sections 1205, 1205-B, | | 1205-C and 1206, except that the provisions of those sections | | requiring a preliminary hearing do not apply and those provisions | | of Title 17-A, section 1206, subsection 7-A allowing a vacating | | of part of the suspension of execution apply only to a | | disposition under subsection 1, paragraph G or H; however, a | | disposition under subsection 1, paragraph F may be modified to a | | disposition under subsection 1, paragraph H. Whenever a | | revocation of probation results in the imposition of a | | disposition under subsection 1, paragraph F or a period of | | detention under subsection 1, paragraph H, the court shall | | determine whether 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 whether continuation |
|
|