| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 15 MRSA §3315, sub-§1, as amended by PL 2001, c. 696, §6 and | | PL 2003, c. 689, Pt. B, §6, is further amended to read: |
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| | | 1. Right to review. Every disposition pursuant to section | | 3314, other than unconditional discharge, must be reviewed not | less than once in every 12 6 months until the juvenile is | | discharged. The review must be made by a representative of the | | Department of Corrections unless the juvenile was committed to | | the Department 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 its files. The | | written report must be prepared in accordance with subsection 2. | | When a juvenile is placed in the custody of the Department 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 also apply. |
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| | | Sec. 2. 15 MRSA §3315, sub-§4 is enacted to read: |
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| | | 4.__Juvenile committed to a correctional facility.__Whenever a | | juvenile is committed to the custody of the Department of | | Corrections pursuant to section 3314, subsection 1, paragraph F, | | the court shall appoint a guardian ad litem to represent the | | juvenile and shall set a date for review of that commitment.__The | | date for review may be no more than 6 months from the date of the | | commitment and subsequent reviews must be held at least every 6 | | months until the juvenile is no longer placed in a correctional | | facility.__If a juvenile is released from the correctional | | facility and then returned on an aftercare violation, a review | | must be held within 3 months of the date of the return.__The | | purpose of these reviews is to determine whether reasonable | | efforts have been made to eliminate the need for removal of the | | juvenile from the juvenile's home and whether the Department of | | Corrections has met its statutory obligations pursuant to Title | | 34-A. |
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| | | The initial review must consist of a review of the report | | prepared by the guardian ad litem for the juvenile.__The guardian | | ad litem for the juvenile shall prepare and submit that report to | | the court, with a copy to the District Attorney and a copy to the | | Attorney General, 7 days in advance of the review date set by the | | court.__The District Attorney and the Attorney General may file a | | written response with the court.__The guardian ad litem for the |
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