Maine Statute | Act | Code |Title 15. Court Procedure -- Criminal| US Code - US Statute | Chapter 507. Petition, Adjudication And Disposition

Title 15 - §3301-A. School safety

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3301-A. School safety

1. Sharing information. Nothing in this Part precludes a law enforcement officer or criminal justice agency from sharing information with a school superintendent or principal, whether or not the information is contained in records, pertaining to a juvenile when the information is credible and indicates an imminent danger to the safety of students or school personnel on school grounds or at a school function. The superintendent or principal may disseminate this information only to the extent necessary to protect students and school personnel and as governed by subsection 2. [2003, c. 190, §1 (new).]

2. Process for further dissemination. Any information received by a superintendent or principal pursuant to subsection 1 may only be further distributed through a notification team as described in Title 20-A, section 1055, subsection 11. [2003, c. 190, §1 (new).]

3. Information prohibited from inclusion in student's education record. The superintendent or principal shall ensure that information provided pursuant to this section may not become part of the student's education record. [2003, c. 190, §1 (new).]

Section History:
PL 2003,
Ch. 190,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3301. Preliminary investigation, informal adjustment and petition initiation

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3301. Preliminary investigation, informal adjustment and petition initiation

1. Preliminary investigation. When a juvenile accused of having committed a juvenile crime is referred to a juvenile community corrections officer, the juvenile community corrections officer shall, except in cases in which an investigation is conducted pursuant to Title 5, section 200-A, conduct a preliminary investigation to determine whether the interests of the juvenile or of the community require that further action be taken. On the basis of the preliminary investigation, the juvenile community corrections officer shall:

A. Decide that action requiring ongoing supervision is not required either in the interests of the public or of the juvenile; [1999, c. 260, Pt. A, §6 (amd).]

B. Make whatever informal adjustment is practicable without a petition; or [1981, c. 679, §6 (amd).]

C. Request a petition to be filed. [1977, c. 520, §1 (new).]

[1999, c. 624, Pt. B, §8 (amd).]

2. No further action. [1977, c. 664, §21 (rp).]

3. Informal adjustment. [1977, c. 664, §21 (rp).]

4. Request for filing of petition. [1977, c. 664, §21 (rp).]

5. Juvenile community corrections officer alternatives. On the basis of the preliminary investigation, the juvenile community corrections officer shall choose one of the following alternatives:

A. Decide that action requiring ongoing supervision is not required either in the interests of the public or of the juvenile. If the juvenile community corrections officer determines that the facts in the report prepared for the community corrections officer by the referring officer pursuant to section 3203-A, subsection 3 are sufficient to file a petition, but in the community corrections officer's judgment the interest of the juvenile and the public will be served best by providing the juvenile with services voluntarily accepted by the juvenile and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated, the juvenile community corrections officer may refer the juvenile for that care and treatment and not request that a petition be filed; [1999, c. 624, Pt. B, §9 (amd).]

B. Make whatever informal adjustment is practicable without a petition. The juvenile community corrections officer may effect whatever informal adjustment is agreed to by the juvenile and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated, including a restitution contract with the victim of the crime and the performance of community service. Informal adjustments may extend no longer than 6 months and may not be commenced unless:

(1) The juvenile community corrections officer determines that the juvenile and the juvenile's parents, guardian or legal custodian, if the juvenile is not emancipated, were advised of their constitutional rights, including the right to an adjudicatory hearing, the right to be represented by counsel and the right to have counsel appointed by the court if indigent;

(2) The facts establish prima facie jurisdiction, except that any admission made in connection with this informal adjustment may not be used in evidence against the juvenile if a petition based on the same facts is later filed; and

(3) Written consent to the informal adjustment is obtained from the juvenile and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated;
[1999, c. 624, Pt. B, §9 (amd).]

C. If the juvenile community corrections officer determines that the facts are sufficient for the filing of a petition, the juvenile community corrections officer shall request the prosecuting attorney to file a petition; or [1999, c. 624, Pt. B, §9 (amd).]

D. If the juvenile community corrections officer makes a determination pursuant to paragraph A or B, the community corrections officer shall notify the juvenile and the juvenile's parents, guardian or legal custodian at least 2 weeks prior to the date for which they are summonsed. [1999, c. 624, Pt. B, §9 (amd).]

[1999, c. 624, Pt. B, §9 (amd).]

5-A. Community resolution teams. In accordance with policy and procedures established by the Department of Corrections, the juvenile community corrections officer may establish a community resolution team after completing the preliminary investigation.

A. Team participants may include the team facilitator; the juvenile community corrections officer; the juvenile; the juvenile's parents, guardian or legal custodian; the complainant; the victim; a person designated by the victim; the law enforcement officer who notified the juvenile community corrections officer; and any other person who the juvenile community corrections officer determines is appropriate. [1999, c. 624, Pt. B, §10 (amd).]

B. The community resolution team may agree to effect an informal adjustment or recommend to the juvenile community corrections officer one of the alternatives in subsection 5. If the team makes a recommendation, the juvenile community corrections officer shall consider the recommendation and decide which alternative to choose. [1999, c. 624, Pt. B, §10 (amd).]

C. The Department of Corrections shall report on the progress of the community resolution teams to the joint standing committee of the Legislature having jurisdiction over criminal justice matters no later than January 1st annually. [1997, c. 421, Pt. A, §3 (new).]

D. [1999, c. 624, Pt. B, §10 (rp).]

E. [1999, c. 167, §1 (rp); §3 (aff).]

[1999, c. 624, Pt. B, §10 (amd).]

6. Review by attorney for the State. If the juvenile community corrections officer decides not to request the attorney for the State to file a petition, the juvenile community corrections officer shall inform the complainant, the law enforcement officer and the victim of the decision and of the reasons for the decision as soon as practicable. The juvenile community corrections officer shall advise the complainant, the law enforcement officer and the victim that they may submit their complaint to the attorney for the State for review. If the juvenile community corrections officer makes a determination pursuant to subsection 5, paragraph A or B and decides not to request the attorney for the State to file a petition for a violation of Title 22, section 2389, subsection 2 or Title 28-A, section 2052, the juvenile community corrections officer shall inform the Secretary of State of the violation. The Secretary of State shall suspend for a period of 30 days that juvenile's license or permit to operate, right to operate a motor vehicle and right to apply for and obtain a license. The attorney for the State on that attorney's own motion or upon receiving a request for review by the law enforcement officer, the complainant or the victim, shall consider the facts of the case, consult with the juvenile community corrections officer who made the initial decision and then make a final decision as to whether to file the petition. Notwithstanding any action or inaction by the juvenile community corrections officer, the attorney for the State may file a petition at any time more than 30 days after the juvenile community corrections officer has been given notice pursuant to section 3203-A. [2003, c. 305, §5 (amd).]

6-A. Records confidential. Except as otherwise provided in this Title, information contained in records pertaining to a juvenile against whom a juvenile petition has not been filed is confidential unless the juvenile, and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated, has given informed written consent to the disclosure of the records. This subsection does not preclude the release of the identity of a juvenile on conditional release pursuant to section 3203-A or on informal adjustment pursuant to this section to a criminal justice agency for the administration of juvenile criminal justice. [1999, c. 260, Pt. A, §8 (amd).]

7. Nonapplication of section. The provisions of this section do not apply to a juvenile charged with either of the juvenile crimes defined in section 3103, subsection 1, paragraph E or F, and a petition may be filed without recommendation by a juvenile community corrections officer. The provisions of section 3203-A apply in the case of a juvenile charged with either of the juvenile crimes defined in section 3103, subsection 1, paragraph E or F. [1999, c. 624, Pt. B, §12 (amd).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§21,22 (AMD).
PL 1979,
Ch. 127,
§119 (AMD).
PL 1979,
Ch. 681,
§15 (AMD).
PL 1981,
Ch. 204,
§1 (AMD).
PL 1981,
Ch. 392,
§4,5 (AMD).
PL 1981,
Ch. 679,
§6,7 (AMD).
PL 1985,
Ch. 439,
§11 (AMD).
PL 1985,
Ch. 737,
§A38 (AMD).
PL 1989,
Ch. 502,
§A41 (AMD).
PL 1989,
Ch. 599,
§7 (AMD).
PL 1997,
Ch. 350,
§1 (AMD).
PL 1997,
Ch. 421,
§A2,3 (AMD).
PL 1997,
Ch. 645,
§9 (AMD).
PL 1999,
Ch. 167,
§1 (AMD).
PL 1999,
Ch. 260,
§A6-8 (AMD).
PL 1999,
Ch. 266,
§1-3 (AMD).
PL 1999,
Ch. 624,
§B8-12 (AMD).
PL 1999,
Ch. 790,
§A54 (AFF).
PL 2003,
Ch. 305,
§5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3302. Petition, form and contents
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3302. Petition, form and contents

The form and content of a petition in any proceeding brought under chapter 503 must be substantially the same as the form and content of a complaint under Rule 3, Maine Rules of Criminal Procedure. [1989, c. 741, §11 (amd).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1989,
Ch. 741,
§11 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3303. Dismissal of petition with prejudice

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3303. Dismissal of petition with prejudice

On motion made by or on behalf of a juvenile, or by the court itself, a petition must be dismissed with prejudice if it was not filed within 9 months from the date the juvenile was referred to the juvenile community corrections officer for an intake assessment, unless the prosecuting attorney either before or after the expiration of the 9-month period files a motion for an extension of time for the filing of a petition, accompanied by the reasons for this extension. The court may for good cause extend the time for bringing a petition for any period of time that is less than the limitation established in section 3105-A. [1999, c. 624, Pt. B, §13 (amd).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§23 (AMD).
PL 1983,
Ch. 176,
§A6 (AMD).
PL 1985,
Ch. 439,
§12 (AMD).
PL 1995,
Ch. 133,
§1 (AMD).
PL 1999,
Ch. 624,
§B13 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3304. Summons

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3304. Summons

1. Issuance and contents. The summons issued by the law enforcement officer must include the signature of the law enforcement officer, a brief description of the alleged juvenile crime, the time and place of the alleged juvenile crime and the time and place the juvenile is to appear in court. The summons must also include a statement of the constitutional rights of the juvenile, including the right to have an attorney present at the hearing on the petition and to have an attorney appointed, if indigent. The summons must also include a notice that the case may be informally adjusted by a juvenile community corrections officer. [1999, c. 624, Pt. B, §14 (amd).]

2. Voluntary appearance; waiver of service. No summons need issue to any person who appears voluntarily, or who waives service, but any such person shall be provided with a copy of the petition and summons upon appearance or request. [1977, c. 520, §1 (new).]

3. Service. The summons must be directed to and served upon the juvenile and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated. The summons must be served in hand or by leaving it at the juvenile's and parents', guardian's or legal custodian's dwelling house or usual place of abode with a person of suitable age and discretion residing in that house or by mailing it to the last known address of the juvenile. A copy of the summons must be mailed to the juvenile community corrections officer and the attorney for the State.

A. [1999, c. 266, §5 (rp).]

B. [1999, c. 266, §5 (rp).]

[1999, c. 624, Pt. B, §15 (amd).]

4. Service at least 48 hours before appearance demanded. The summons must require the person on whom it is served to appear for a hearing at the time and place specified. The time may not be less than 48 hours after service of the summons. If the juvenile is not detained by an order of the court, the summons must require the custodian to produce the juvenile at that time and place. [1997, c. 350, §4 (amd).]

5. Service on parents of juvenile. The following applies to service of the summons under subsection 3.

A. If the person or persons to whom a summons is served are the parents of the juvenile and if the juvenile principally resides with only one parent, then service on that parent is sufficient. [1989, c. 741, §13 (new).]

B. If the person or persons to whom a summons is served are not the parents or guardian of the juvenile, the summons must also be issued to the parents or guardian or both, notifying them of the pendency of the cause and of the time and place for hearing. The court may waive this requirement if the court finds that the service of the summons is not possible and explains this finding in writing, except as required by section 3314, subsection 1, paragraph C-1 or C-2. [1989, c. 741, §13 (new).]

[1989, c. 741, §13 (rpr).]

6. Summons of necessary parties. The court on its own motion or on the motion of any party may require the appearance of any person it deems necessary to the action and authorize the issuance of a summons directed to such person. Any party to the action may request the issuance of compulsory process by the court requiring the attendance of witnesses on his own behalf or on the behalf of the juvenile. [1977, c. 520, §1 (new).]

6-A. Attendance of parent, guardian or legal custodian; contempt. The parent, guardian or legal custodian shall appear in response to the summons served pursuant to subsection 5 and shall attend all proceedings concerning the juvenile. The failure of a parent, guardian or legal custodian to appear in response to the summons or for a later hearing, or the inability to serve such a party, may not prevent the court from continuing with the proceedings against a juvenile who is before the court, except as required in section 3314, subsection 1, paragraphs C-1 and C-2.

A. The court may excuse the attendance of a parent, guardian or legal custodian at a particular proceeding or all proceedings for good cause or if appearing in court will result in undue hardship to the parent, guardian or legal custodian. [2003, c. 142, §1 (new); §3 (aff).]

B. If the parent, guardian or legal custodian fails to appear with the juvenile and the court has not found good cause for not appearing, the court, after notice and hearing on the issue of contempt, may find the parent, guardian or legal custodian in contempt of court in accordance with the Maine Rules of Criminal Procedure, Rule 42(d). [2003, c. 142, §1 (new); §3 (aff).]

C. This subsection does not create a right for the juvenile to have the juvenile's parent, guardian or legal custodian present at any proceeding or court-ordered program that the juvenile attends or is required to attend. [2003, c. 142, §1 (new); §3 (aff).]

[2003, c. 142, §1 (amd); §3 (aff).]

7. Witness fees and travel expenses. The court may authorize the payment of necessary witness fees and travel expenses incurred by persons summoned or otherwise required to appear, which payments shall not exceed the amount allowed to witnesses for travel by the District Court. [1977, c. 520, §1 (new).]

8. Authority of juvenile community corrections officer to issue and serve summons. The Commissioner of Corrections, at the commissioner's discretion, may authorize a juvenile community corrections officer to issue and serve a summons, subject to conditions the commissioner may impose as to when and under what circumstances such authority may be exercised. [2003, c. 16, §1 (new).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§24 (AMD).
PL 1979,
Ch. 681,
§16,17 (AMD).
PL 1985,
Ch. 439,
§13 (AMD).
PL 1987,
Ch. 720,
§1,2 (AMD).
PL 1989,
Ch. 741,
§12,13 (AMD).
PL 1997,
Ch. 350,
§2-4 (AMD).
PL 1999,
Ch. 266,
§4,5 (AMD).
PL 1999,
Ch. 624,
§B14,15 (AMD).
PL 1999,
Ch. 624,
§B15 (AMD).
PL 2003,
Ch. 16,
§1 (AMD).
PL 2003,
Ch. 142,
§1 (AMD).
PL 2003,
Ch. 142,
§3 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3305. Answer

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3305. Answer

An answer to a petition need not be entered by a juvenile or by the juvenile's parents, guardian or legal custodian. A juvenile may enter an answer admitting the allegations of the petition, in accordance with Rules 11 and 11A, Maine Rules of Criminal Procedure. [1989, c. 741, §14 (amd).] div>
Upon the acceptance of such an answer, a dispositional hearing shall be set at the earliest practicable time that will allow for the completion of a predisposition study conducted pursuant to section 3311 and for service of notice as required by section 3314, subsection 1, paragraph C-1 or C-2. [1987, c. 720, §3 (amd).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1987,
Ch. 720,
§3 (AMD).
PL 1989,
Ch. 741,
§14 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3306-A. Release or detention at first appearance

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3306-A. Release or detention at first appearance

At the juvenile's first appearance or at any subsequent appearance before the court, the court may order the juvenile's unconditional release, conditional release or detention in accordance with section 3203-A. Unless the court orders otherwise, any juvenile put on conditional release by a juvenile community corrections officer remains on conditional release until disposition. [2003, c. 706, Pt. A, §4 (amd).] div>
Conditional release or detention may not be ordered at any appearance unless it has been determined by a Juvenile Court Judge or a justice of the peace that there is probable cause to believe that the juvenile has committed a juvenile crime. [2003, c. 706, Pt. A, §4 (new).] div>
When a court orders detention or a conditional release that authorizes even temporarily the juvenile's removal from the juvenile's home or when a court allows a conditional release ordered by a juvenile community corrections officer that authorizes, even temporarily, the juvenile's removal from the juvenile's home to remain in effect, 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 in the juvenile's home would be contrary to the welfare of the juvenile. This determination does not affect whether the court orders detention or a conditional release or allows a conditional release to remain in effect. [2003, c. 706, Pt. A, §4 (amd).]

Section History:
PL 1989,
Ch. 741,
§15 (NEW).
PL 1991,
Ch. 493,
§18 (AMD).
PL 1999,
Ch. 624,
§B16 (AMD).
PL 2001,
Ch. 696,
§2 (AMD).
PL 2003,
Ch. 706,
§A4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3306. Right to counsel

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3306. Right to counsel

1. Notice and appointment.

A. At his first appearance before the court, the juvenile and his parents, guardian or legal custodian shall be fully advised by the court of their constitutional and legal rights, including the juvenile's right to be represented by counsel at every stage of the proceedings. At every subsequent appearance before the court, the juvenile shall be advised of his right to be represented by counsel. [1977, c. 664, § 25 (amd).]

B. If the juvenile requests an attorney and if he and his parents, guardian or legal custodian are found to be without sufficient financial means, counsel shall be appointed by the court. [1977, c. 520, § 1 (new).]

C. The court may appoint counsel without such request if it deems representation by counsel necessary to protect the interests of the juvenile. [1977, c. 520, § 1 (new).]

[1977, c. 664, § 25 (amd).]

2. State's attorney. The district attorney or the attorney general shall represent the State in all proceedings under this chapter. [1977, c. 520, § 1 (new).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§25 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3307. Publicity and record
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3307. Publicity and record

1. Juvenile hearings conducted as they would be for adults. [1979, c. 681, §18 (rp).]

1-A. Release of identity. A law enforcement officer, officer of the court or juvenile community corrections officer may not release the identity of any juvenile until a petition is filed charging the juvenile with a juvenile crime described in subsection 2. This section does not preclude the release of the identity of a juvenile to a complainant or victim if a juvenile community corrections officer decides not to file a petition in accordance with section 3301, subsection 5, paragraph A or B or if the juvenile community corrections officer requests the prosecuting attorney to file a petition in accordance with section 3301, subsection 5, paragraph C. [1999, c. 624, Pt. B, §17 (amd).]

2. Certain hearings public.

A. Once a petition is filed, the general public may not be excluded from any proceeding on a juvenile crime that would constitute murder or a Class A, Class B or Class C crime if the juvenile involved were an adult; from any proceeding on a juvenile crime that would constitute a Class D crime if the juvenile involved were an adult and it is the 2nd or subsequent Class D crime for that juvenile not arising from the same underlying transaction; or from any subsequent dispositional hearings in such cases. [2003, c. 180, §8 (amd).]

B. The general public is excluded from all other juvenile hearings and proceedings, except that a juvenile charged with a juvenile crime that would constitute murder or a Class A, Class B or Class C offense and with a juvenile crime that would constitute a juvenile's first Class D offense or Class E offense or with conduct described in section 3103, subsection 1, paragraph B, C, D or E, arising from the same underlying transaction may elect to have all charges adjudicated in one hearing, and, when a juvenile does so elect, the general public is not excluded from that hearing. [1995, c. 470, §7 (amd).]

C. [1979, c. 681, §19 (rp).]

[2003, c. 180, §8 (amd).]

3. Record. A verbatim record shall be made of all detention, bind over, adjudicatory and dispositional hearings. [1979, c. 512, §4 (amd).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§26-29 (AMD).
PL 1979,
Ch. 233,
§1 (AMD).
PL 1979,
Ch. 373,
§2,3 (AMD).
PL 1979,
Ch. 512,
§4 (AMD).
PL 1979,
Ch. 681,
§18,19 (AMD).
PL 1981,
Ch. 361,
§ (AMD).
PL 1989,
Ch. 421,
§ (AMD).
PL 1989,
Ch. 445,
§5 (AMD).
PL 1991,
Ch. 493,
§19 (AMD).
PL 1991,
Ch. 776,
§1 (AMD).
PL 1995,
Ch. 470,
§7 (AMD).
PL 1999,
Ch. 624,
§B17 (AMD).
PL 2003,
Ch. 180,
§8 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3308. Court records; inspection

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3308. Court records; inspection

1. Inspection. No person may inspect the records of juvenile proceedings except as provided in this section. [1977, c. 520, §1 (new).]

2. Hearings open to public. In the case of a hearing open to the general public under section 3307, the petition, the record of the hearing and the order of adjudication are open to public inspection, provided that any court subsequently sentencing the juvenile after the juvenile has become an adult may consider only murder and Class A, Class B and Class C offenses committed by the juvenile. The petition, the record of the hearing and the order of adjudication are open to inspection by the victim regardless of whether the hearing is open to the general public under section 3307. [1997, c. 421, Pt. A, §4 (amd).]

3. Parties. Records of court proceedings and of the other records described in subsection 5 must be open to inspection by the juvenile, the juvenile's parents, guardian or legal custodian, the juvenile's attorney, the prosecuting attorney and to any agency to which legal custody of the juvenile was transferred as a result of adjudication. These records may also be open to inspection by the Department of Health and Human Services prior to adjudication if commitment to the Department of Health and Human Services is a proposed disposition. [1991, c. 493, §20 (amd); 2003, c. 689, Pt. B, §6 (rev).]

3-A. Victims. The name of a juvenile subject to Juvenile Court proceedings shall be made known by the Juvenile Court to the victim of the juvenile crime on his request. [1979, c. 681, §21 (new).]

4. Other persons. With the consent of the court, records of court proceedings excluding the names of the juvenile, his parents, guardian, legal custodian, his attorney or any other parties may be inspected by persons having a legitimate interest in the proceedings or by persons conducting pertinent research studies. [1983, c. 480, Pt. B, §15 (amd).]

5. Other records. Police records, juvenile community corrections officers' records and all other reports of social and clinical studies may not be open to inspection except with consent of the court or except to the extent that such records, reports and studies were made a part of the record of a hearing that was open to the general public under section 3307. [1999, c. 624, Pt. B, §18 (amd).]

6. Records to Secretary of State. Whenever a juvenile has been adjudicated as having committed a juvenile crime involving the operation of a motor vehicle, the court shall forthwith transmit to the Secretary of State an abstract, duly certified, setting forth the name of the juvenile, the offense, the date of the offense, the date of the adjudicatory hearing and any other pertinent facts. These records are admissible in evidence in hearings conducted by the Secretary of State or any of the Secretary of State's deputies and are open to public inspection. Nothing in this Part may be construed to limit the authority of the Secretary of State, pursuant to Title 29-A, to suspend a person's license or permit to operate a motor vehicle, right to operate a motor vehicle or right to apply for or obtain a license. [1995, c. 65, Pt. A, §47 (amd); §153 (aff); Pt. C, §15 (aff).]

7. Dissemination of information. The following provisions apply to the dissemination of information contained in the records of juvenile proceedings.

A. For purposes of this subsection the following terms have the following meanings.

(1) "Administration of criminal justice" has the same meaning as found in Title 16, section 611, subsection 1.

(2) "Administration of juvenile criminal justice" means detection, apprehension, detention, conditional or unconditional release, informal adjustment, initial appearance, bind over, adjudication or disposition of accused juveniles or juvenile criminal offenders. It includes juvenile crime identification activities and the collection, storage and dissemination of juvenile crime information.

(3) "Criminal justice agency" has the same meaning as found in Title 16, section 611, subsection 4.

(4) "Dissemination" has the same meaning as found in Title 16, section 611, subsection 6.
[1985, c. 426 (new).]

B. Nothing in this section precludes sharing of any information in the records of court proceedings or other records described in subsection 5 by one criminal justice agency with another criminal justice agency for the administration of criminal justice or juvenile criminal justice or for criminal justice agency employment. [1997, c. 645, §10 (rpr).]

B-1. Nothing in this section precludes dissemination of any information in the records of court proceedings and in the other records described in subsection 5, if:

(1) The juvenile has been adjudicated as having committed a juvenile crime;

(2) The information is disseminated by and to persons who directly supervise or report on the health, behavior or progress of the juvenile, the superintendent of the juvenile's school and the superintendent's designees, criminal justice agencies or agencies that are or might become responsible for the health or welfare of the juvenile as a result of a court order or by agreement with the Department of Corrections or the Department of Health and Human Services; and

(3) The information is relevant to and disseminated for the purpose of creating or maintaining an individualized plan for the juvenile's rehabilitation, including reintegration into a school.

Any information received under this paragraph is confidential and may not be further disseminated, except as otherwise provided by law. [2001, c. 452, §2 (amd); 2003, c. 689, Pt. B, §6 (rev).]

C. Nothing in this section precludes dissemination of any information in the records of the Department of Corrections if the person concerning whom the records are sought, the person's legal guardian, if any, and if the person is a minor, the person's parent or legal guardian has given informed written consent to the disclosure of the records. [1997, c. 421, Pt. A, §6 (amd).]

D. When a juvenile who is adjudicated of a juvenile crime that if committed by an adult would be gross sexual assault under Title 17-A, section 253, subsection 1 is committed to a Department of Corrections juvenile correctional facility or placed on probation, the Department of Corrections shall provide, while the juvenile is committed or on probation, a copy of the juvenile's judgment and commitment to the Department of Health and Human Services, to all law enforcement agencies that have jurisdiction in those areas where the juvenile may reside, work or attend school and to the superintendent of any school system in which the juvenile attends school during the period of commitment or probation. The Department of Corrections shall provide a copy of the juvenile's judgment and commitment to all licensed and registered day-care facility operators located in the municipality where the juvenile resides, works or attends school during the period of commitment or probation. Upon request, the Department of Corrections shall also provide a copy of the juvenile's judgment and commitment to other entities that are involved in the care of children and are located in the municipality where the juvenile resides, works or attends school during the period of commitment or probation. The Department of Corrections may provide a copy of the juvenile's judgment and commitment to any other agency or person whom the Department of Corrections determines is appropriate to ensure public safety. Neither the failure of the Department of Corrections to perform the requirements of this paragraph nor compliance with this paragraph subjects the Department of Corrections or its employees to liability in a civil action. [1997, c. 752, §15 (amd); 2003, c. 689, Pt. B, §6 (rev).]

E. When a juvenile is charged in a juvenile petition that alleges the use or threatened use of physical force against a person or when a juvenile is adjudicated as having committed one or more juvenile crimes that involve the use or threatened use of physical force against a person, the district attorney in the district where the charges were brought shall provide to the superintendent of the juvenile's school or the superintendent's designees:

(1) The name of the juvenile;

(2) The nature of the alleged offense or offense;

(3) The date of the alleged offense or offense;

(4) The date of the petition;

(5) The date of the adjudication, if applicable; and

(6) The location of the court where the case was brought, if applicable.

All information provided under this paragraph is confidential and may not be further distributed, except as provided in Title 20-A, section 1055, subsection 11. Information provided pursuant to this paragraph to the superintendent of the juvenile's school or the superintendent's designees may not become part of the student's education record. [1999, c. 345, §1 (new).]

[2001, c. 452, §2 (amd); 2003, c. 689, Pt. B, §6 (rev).]

8. Juvenile records sealed. This subsection governs the sealing of records of a person adjudicated to have committed a juvenile crime.

A. A person adjudicated to have committed a juvenile crime may petition the court to seal from public inspection all records pertaining to the juvenile crime and its disposition, and to any prior juvenile records and their dispositions if:

(1) At least 3 years have passed since the person's discharge from the disposition ordered for that juvenile crime;

(2) Since the date of disposition, the person has not been adjudicated to have committed a juvenile crime and has not been convicted of committing a crime; and

(3) There are no current adjudicatory proceedings pending for a juvenile or other crime.
[1989, c. 744, §5 (new).]

B. The court may grant the petition if it finds that the requirements of paragraph A are satisfied, unless it finds that the general public's right to information substantially outweighs the juvenile's interest in privacy. [1989, c. 744, §5 (new).]

C. Notwithstanding subsections 3, 3-A, 4 and 5, the court order sealing the records permits only the following persons to have access to the sealed records:

(1) The courts and criminal justice agencies as provided by this section; and

(2) The person whose juvenile records are sealed or that person's designee.
[1989, c. 744, §5 (new).]

D. If the petition is granted, the person may respond to inquiries from other than the courts and criminal justice agencies about that person's juvenile crimes, the records of which have been sealed, as if the juvenile crimes had never occurred, without being subject to any sanctions. [1989, c. 744, §5 (new).]

[1989, c. 744, §5 (new).]

9. Records of Juvenile Court. Notwithstanding any other provision of this section, records of Juvenile Court proceedings and the police records and other records described in subsection 5 must be open to inspection by the Victims' Compensation Board at any time if a juvenile is alleged to have committed an offense upon which an application to the board is based. [1997, c. 378, §13 (new).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§30 (AMD).
PL 1979,
Ch. 681,
§20,21 (AMD).
PL 1981,
Ch. 204,
§2 (AMD).
PL 1981,
Ch. 679,
§8 (AMD).
PL 1983,
Ch. 480,
§B15 (AMD).
PL 1985,
Ch. 426,
§ (AMD).
PL 1985,
Ch. 439,
§14 (AMD).
PL 1989,
Ch. 744,
§5 (AMD).
PL 1991,
Ch. 493,
§20 (AMD).
PL 1993,
Ch. 354,
§6,7 (AMD).
PL 1995,
Ch. 65,
§A153,C15 (AFF).
PL 1995,
Ch. 65,
§A47 (AMD).
PL 1995,
Ch. 690,
§1 (AMD).
PL 1997,
Ch. 278,
§1,2 (AMD).
PL 1997,
Ch. 378,
§13 (AMD).
PL 1997,
Ch. 421,
§A4-6 (AMD).
PL 1997,
Ch. 548,
§A1 (AMD).
PL 1997,
Ch. 645,
§10 (AMD).
PL 1997,
Ch. 752,
§15 (AMD).
PL 1999,
Ch. 345,
§1 (AMD).
PL 1999,
Ch. 624,
§B18 (AMD).
PL 2001,
Ch. 452,
§2 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3309-A. Limitation on diagnostic evaluations

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3309-A. Limitation on diagnostic evaluations

The court shall not order a juvenile to undergo a diagnostic evaluation, as defined in section 3003, subsection 4-A, except as follows: [1985, c. 213 (rpr).]

1. Information to assist findings in bind-over. When the prosecutor has moved for a bind-over hearing pursuant to section 3101, subsection 4, or certifies in writing to the court that the results of such an evaluation are required in order to determine whether or not to so move; [1985, c. 213 (rpr).]

2. Information needed to make a disposition. Following an order of adjudication pursuant to section 3310, subsection 5, paragraph A, for the purposes of making a disposition; [1995, c. 690, §2 (amd); §7 (aff).]

3. By consent of the parties. When the juvenile and the prosecuting attorney consent and the court finds that such an evaluation may be of assistance to it in carrying out the purposes of the Maine Juvenile Code; or [1995, c. 690, §3 (amd); §7 (aff).]

4. Juvenile adjudicated of gross sexual assault. After adjudication and before disposition when a juvenile is adjudicated of a juvenile crime that if committed by an adult would be gross sexual assault under Title 17-A, section 253, subsection 1, the court shall order the juvenile to undergo a diagnostic evaluation and may order the evaluation to take place at a detention facility described in section 3203-A, subsection 7, paragraph B. [1999, c. 65, §1 (amd).]
div>
Nothing in this section may be construed to limit court-ordered examinations pursuant to section 3318. [1985, c. 213 (rpr).]

Section History:
PL 1981,
Ch. 619,
§4 (NEW).
PL 1983,
Ch. 480,
§A11 (AMD).
PL 1985,
Ch. 213,
§ (RPR).
PL 1995,
Ch. 690,
§2-4 (AMD).
PL 1995,
Ch. 690,
§7 (AFF).
PL 1997,
Ch. 752,
§16 (AMD).
PL 1999,
Ch. 65,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3309-B. Limitations on diagnostic evaluations in a secure detention facility
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3309-B. Limitations on diagnostic evaluations in a secure detention facility

Except as provided in section 3309-A, subsection 4, the court may not order a juvenile to undergo a diagnostic evaluation at a detention facility unless the juvenile meets the requirements of section 3203-A, subsection 4, paragraphs C and D, the facility is one in which the juvenile may otherwise be detained and the diagnostic evaluation is unable to take place outside the facility on either a residential or nonresidential basis. [1999, c. 65, §2 (amd).]

Section History:
PL 1987,
Ch. 369,
§ (NEW).
PL 1989,
Ch. 502,
§A42 (AMD).
PL 1997,
Ch. 24,
§RR5 (AMD).
PL 1997,
Ch. 752,
§17 (AMD).
PL 1999,
Ch. 65,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3309. Procedure

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3309. Procedure

To the extent not inconsistent with or inapplicable to Part 6, procedure in juvenile proceedings must be in accordance with the Maine Rules of Criminal Procedure. The Supreme Judicial Court may promulgate rules for juvenile proceedings as provided under Title 4, section 8. [1989, c. 741, §16 (amd).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1979,
Ch. 512,
§5 (RPR).
PL 1989,
Ch. 741,
§16 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3310-A. Attendant care

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3310-A. Attendant care

Whenever a juvenile who is adjudicated as having committed a juvenile crime is taken into custody as an interim measure pending the completion of a procedure authorized by law to be taken in regard to such juvenile, the juvenile may be placed into attendant care under the same circumstances and upon the same conditions as if the juvenile were one alleged to have committed a juvenile crime. [1987, c. 698, §4 (new).]

Section History:
PL 1987,
Ch. 698,
§4 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3310. Adjudicatory hearing, findings, adjudication
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3310. Adjudicatory hearing, findings, adjudication

1. Evidence and fact-finding. The Maine Rules of Evidence shall apply in the adjudicatory hearing. There shall be no jury. [1979, c. 681, §22 (rpr).]

2. Consideration of additional evidence

A. When it appears that the evidence presented at the hearing discloses facts not alleged in the petition, the court may proceed immediately to consider the additional or different matters raised by the evidence without amendment of the petition if all the parties consent. [1979, c. 681, §23 (amd).]

B. In the event all of the parties do not consent as provided in paragraph A, the court, on the motion of any party or on its own motion, shall:

(1) Order that the petition be amended to conform to the evidence;

(2) Order that hearing be continued if the amendment results in substantial surprise or prejudice to the juvenile; or

(3) Request a separate petition alleging the additional facts be filed.
[1979, c. 681, §24 (amd).]

[1979, c. 681, §§23,24 (amd).]

3. Evidence of mental illness or incapacity. If it appears from the evidence that the juvenile may be a mentally ill person, as defined in Title 34-B, section 3801, subsection 5, or an incapacitated person, as defined in Title 34-B, section 5001, subsection 2, then subsection 2 does not apply and the court shall proceed pursuant to section 3318. [2001, c. 471, Pt. F, §2 (amd).]

4. Standard of proof. If the court finds that the elements of the juvenile crime as defined in section 3103, subsection 1, paragraph A, D, E, F, G or H are not supported by evidence beyond a reasonable doubt or that the elements of a juvenile crime as defined in section 3103, subsection 1, paragraph B or C are not supported by a preponderance of the evidence, the court shall order the petition dismissed and the juvenile discharged from any detention or restriction previously ordered. The juvenile's parents, guardian or other legal custodian must also be discharged from any restriction or other temporary order. [2005, c. 87, §3 (amd).]

5. Adjudication.

A. If the court finds that the allegations of the petition alleging a juvenile crime as defined in section 3103, subsection 1, paragraph A, D, E, F, G or H are supported by evidence beyond a reasonable doubt or that the allegations of a petition alleging a juvenile crime as defined in section 3103, subsection 1, paragraph B or C are supported by a preponderance of the evidence, the court shall adjudge that the juvenile committed a juvenile crime and shall, in all such adjudications, issue an order of adjudication. [2005, c. 87, §4 (amd).]

B. Following the issuance of the order of adjudication, a dispositional hearing must be commenced. Upon motion of any interested party or on the court's own motion, the time for the commencement of the dispositional hearing may be increased to 2 weeks or, upon cause shown, for a longer period. Once commenced, the dispositional hearing may be continued one or more times for any of the reasons specified in section 3312, subsection 3 or, upon cause shown, for any other reason. [1995, c. 253, §1 (rpr).]

[2005, c. 87, §4 (amd).]

6. Adjudication not deemed conviction. An adjudication of the commission of a juvenile crime shall not be deemed a conviction of a crime. [1977, c. 520, §1 (new).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§31,32 (AMD).
PL 1979,
Ch. 373,
§4 (AMD).
PL 1979,
Ch. 663,
§117 (AMD).
PL 1979,
Ch. 681,
§22-25 (AMD).
PL 1995,
Ch. 253,
§1 (AMD).
PL 2001,
Ch. 471,
§F2 (AMD).
PL 2005,
Ch. 87,
§3,4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3311. Social study and other reports
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3311. Social study and other reports

1. Reports as evidence. For the purpose of determining proper disposition of a juvenile who has been adjudicated as having committed a juvenile crime, written reports and other material relating to the juvenile's mental, physical and social history may be received by the court along with other evidence; but the court, if so requested by the juvenile, his parent or guardian, or other party, shall require that the person who wrote the report or prepared the material appear as a witness and be subject to examination by the court and any party. In the absence of the request, the court may order the person who prepared the report or other material to testify if it finds that the interests of justice require it. The parents, guardian or other legal custodian of the juvenile shall be informed that information for the report is being gathered. [1979, c. 681, §26 (amd).]

2. Notice of right to examination. The court shall inform the juvenile or his parent, guardian or legal custodian of the right of examination concerning any written report or other material specified in subsection 1. [1979, c. 681, §27 (amd).]

3. Requirement for dispositional hearing. If ordered by the court, the Department of Corrections shall make a social study and prepare a written report on every juvenile adjudicated as having committed a juvenile crime and shall present that report to the juvenile court prior to that juvenile's dispositional hearing. The person who prepared the report may be ordered to appear, as provided in subsection 1. [1995, c. 253, §2 (amd).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§33 (AMD).
PL 1979,
Ch. 681,
§26,27 (AMD).
PL 1983,
Ch. 480,
§B16 (AMD).
PL 1995,
Ch. 253,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3312. Dispositional hearing

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3312. Dispositional hearing

1. Evidence of proper disposition. After making an order of adjudication, the court shall hear evidence on the question of the proper disposition best serving the interests of the juvenile and the public. Such evidence must include, but is not necessarily limited to, the social study and written report, if ordered prepared under section 3311, subsection 3, and other reports as provided in section 3311, subsection 1. Any person who would be entitled to address the court pursuant to Title 17-A, section 1257 if the conduct for which the juvenile has been adjudicated had been committed by an adult, as provided in that section, must be accorded notice of the dispositional hearing and the right to address the court. The Maine Rules of Evidence do not apply in dispositional hearings. [1995, c. 253, §3 (amd).]

2. Examination of adjudicated juvenile. The court may have the juvenile examined by a physician or psychologist, and may place the juvenile in a hospital or other suitable facility or nonresidential program for this purpose. The cost of such examinations and placements shall be paid in whole or in part by the juvenile's parents. The court shall pay the costs if it finds that the parents are unable to pay or that it is not in the best interest of the juvenile to have the juvenile's parents pay. [1987, c. 400, §1 (amd).]

3. Continuation of dispositional hearing. A dispositional hearing may be continued in the following circumstances.

A. The court may continue the dispositional hearing, either on its own motion or on the motion of any interested party:

(1) For a period not to exceed one month to receive reports or other evidence;

(2) For a period not to exceed 2 months to allow for service of notice as required in section 3314, subsection 1, paragraph C-1 or C-2;

(3) For a period not to exceed 12 months in order to place the juvenile in a supervised work or service program or a restitution program, or for such other purpose as the court in its discretion determines appropriate. If a supervised work or service program or restitution program has been ordered, the court shall on final disposition consider whether or not there has been compliance with the program so ordered; or

(4) For a period not to exceed 15 months in order to place the juvenile in a juvenile drug treatment court program. If a juvenile drug treatment court program has been ordered, the court shall on final disposition consider whether or not there has been compliance with the program so ordered.
[2001, c. 508, §1 (amd).]

B. If the hearing is continued, the court shall make an appropriate order for detention of the juvenile or for the juvenile's release in the custody of the juvenile's parents, guardian, legal custodian or other responsible person or agency under such conditions of supervision as the court may impose during the continuance. The court may order a juvenile into the temporary custody of the Department of Health and Human Services only if the following conditions are met:

(1) That service of notice of the dispositional hearing as required under section 3314, subsection 1, paragraph C-1, has not been made on parents who reside outside the State or whose whereabouts are unknown after a diligent search;

(2) That the Department of Health and Human Services has:

(a) Received written notice of the hearing on temporary custody at least 10 days before the hearing, provided that the department may waive this 10-day requirement in writing; and

(b) Had an opportunity to be heard before any order of temporary custody;

(3) That notice under section 3314, subsection 1, paragraph C-1, has been served on the juvenile's legal custodian at least 10 days before any order of temporary custody to the Department of Health and Human Services and that the legal custodian has had an opportunity to be heard before the issuance of a temporary order, provided that the juvenile's custodian may waive the 10-day notice requirement if the waiver is in writing and voluntarily and knowingly executed in court before a judge;

(4) That the court finds that either:

(a) The juvenile does not meet the criteria for detention; or

(b) It is not necessary or appropriate to detain the juvenile; and

(5) That the court finds by a preponderance of the evidence that:

(a) Reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home;

(b) Continuation in the juvenile's home during the period required for service of notice under section 3314, subsection 1, paragraph C-1, would be contrary to the welfare of the juvenile; and

(c) Temporary custody is necessary to provide for the care and support of the juvenile during this period.

Any order of temporary custody terminates upon an order of disposition under section 3314, or automatically 2 months after issuance, whichever occurs first. [1987, c. 720, §4 (rpr); 2003, c. 689, Pt. B, §6 (rev).]

C. In scheduling investigations and hearings, the court shall give priority to proceedings concerning a juvenile who is in detention or who has otherwise been removed from the juvenile's home before an order of disposition has been made. [1987, c. 720, §4 (rpr).]

D. If the court finds, after opportunity for hearing, that a juvenile released with a condition of participation in a juvenile drug treatment court program has intentionally or knowingly violated that condition, the court may impose a sanction of up to 7 days' detention in a detention facility approved or operated by the Department of Corrections exclusively for juveniles. Nothing in this paragraph restricts the ability of the court to impose sanctions other than detention for the violation of a condition of participation in a juvenile drug treatment court program or the ability of the court to enter any dispositional order allowed under section 3314 on final disposition. [1999, c. 624, Pt. B, §20 (new).]

[2001, c. 508, §1 (amd); 2003, c. 689, Pt. B, §6 (rev).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1979,
Ch. 373,
§5 (AMD).
PL 1979,
Ch. 681,
§28 (AMD).
PL 1987,
Ch. 400,
§1 (AMD).
PL 1987,
Ch. 720,
§4 (AMD).
PL 1995,
Ch. 253,
§3 (AMD).
PL 1999,
Ch. 624,
§B19,20 (AMD).
PL 2001,
Ch. 508,
§1 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3313. Criteria for withholding an institutional disposition

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3313. Criteria for withholding an institutional disposition

1. Standard. The court shall enter an order of disposition for a juvenile who has been adjudicated as having committed a juvenile crime without imposing placement in a secure institution as disposition unless, having regard to the nature and circumstances of the crime and the history, character and condition of the juvenile, it finds that his confinement is necessary for protection of the public because:

A. There is undue risk that, during the period of a suspended sentence or probation, the juvenile will commit another crime; [1979, c. 663, §118 (amd).]

B. The juvenile is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or [1977, c. 520, §1 (new).]

C. A lesser sentence will depreciate the seriousness of the juvenile's conduct. [1977, c. 520, §1 (new).]

[1979, c. 663, § 118 (amd).]

2. Additional consideration. The following grounds, while not controlling the discretion of the court, shall be accorded weight against ordering placement in a secure institution:

A. The juvenile's conduct neither caused nor threatened serious harm; [1977, c. 520, §1 (new).]

B. The juvenile did not contemplate that his conduct would cause or threaten serious harm; [1977, c. 520, §1 (new).]

C. The juvenile acted under a strong provocation; [1977, c. 520, §1 (new).]

D. There were substantial grounds tending to excuse or justify the juvenile's conduct, though failing to establish a defense; [1977, c. 520, §1 (new).]

E. The victim of the juvenile's conduct induced or facilitated its commission; [1977, c. 520, §1 (new).]

F. The juvenile has made or has agreed to make restitution to the victim of his conduct for the damage or injury that the victim sustained; [1977, c. 520, §1 (new).]

G. The juvenile has not previously been adjudicated to have committed a juvenile crime or has led a law-abiding life for a substantial period of time prior to the conduct which formed the basis for the present adjudication; [1977, c. 520, §1 (new).]

H. The juvenile's conduct was the result of circumstances unlikely to recur; [1977, c. 520, §1 (new).]

I. The character and attitudes of the juvenile indicate that he is unlikely to commit another juvenile crime; [1977, c. 520, §1 (new).]

J. The juvenile is particularly likely to respond affirmatively to probation; and [1979, c. 663, §119 (amd).]

K. The confinement of the juvenile would entail excessive hardship to himself or his dependents. [1977, c. 520, § 1(new).]

[1979, c. 663, §119 (amd).]

3. Statement of reasons accompanying disposition for juvenile adjudicated of murder or a Class A, Class B or Class C crime. In a disposition for a juvenile crime that if committed by an adult would be murder or a Class A, Class B or Class C crime, the court shall state on the record and in open court the court's reasons for ordering or not ordering placement of the juvenile in a secure institution. [1995, c. 690, §5 (new).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1979,
Ch. 663,
§118,119 (AMD).
PL 1995,
Ch. 690,
§5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3314-A. Period of probation; modification and discharge

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3314-A. Period of probation; modification and discharge

The period of probation of a juvenile, its modification and discharge, is as provided by Title 17-A, section 1202, except that the period of probation of a juvenile convicted of a juvenile crime as defined by section 3103, subsection 1, paragraph B, C, D or E may not exceed one year. The period of probation may extend beyond the juvenile's 21st birthday. [1993, c. 354, §10 (amd).]

Section History:
PL 1977,
Ch. 664,
§39 (NEW).
PL 1993,
Ch. 354,
§10 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3314-B. Counseling, treatment, education or case management for juveniles and their parents, guardians and legal custodians
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3314-B. Counseling, treatment, education or case management for juveniles and their parents, guardians and legal custodians

1. Counseling, treatment, education or case management. In conjunction with a disposition under section 3314, the court may require the juvenile and the juvenile's parent, guardian or legal custodian to participate in counseling, treatment, education or case management as determined by the court. The counseling, treatment, education or case management must be designed to create a favorable environment for sustained noncriminal behavior. [2003, c. 142, §2 (new); §3 (aff).]

2. Costs. The court may order a parent, guardian or legal custodian to pay or cause to be paid all or part of the reasonable costs of any counseling, treatment, education or case management ordered pursuant to this section. [2003, c. 142, §2 (new); §3 (aff).]

3. Enforcement. After notice and hearing and in accordance with the Maine Rules of Criminal Procedure, Rule 42(d), the court may invoke its contempt powers to enforce its counseling, treatment, education, case management or other order that applies to the juvenile, the juvenile's parent, guardian or legal custodian or any other person before the court who is subject to an order to participate in counseling, treatment, education or case management. [2003, c. 142, §2 (new); §3 (aff).]

4. Probation. The court may not revoke a juvenile's probation because of a failure of the juvenile's parent, guardian or legal custodian to comply with an order under this section. [2003, c. 142, §2 (new); §3 (aff).]

Section History:
PL 2003,
Ch. 142,
§2 (NEW).
PL 2003,
Ch. 142,
§3 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3314. Disposition

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3314. Disposition

1. Dispositional alternatives. When a juvenile has been adjudicated as having committed a juvenile crime, the court shall enter a dispositional order containing one or more of the following alternatives.

A. The court may allow the juvenile to remain in the legal custody of his parents or a guardian under such conditions as the court may impose. Conditions may include participation by the juvenile, his parents or legal guardian in treatment services aimed at the rehabilitation of the juvenile and improvement of the home environment. [1987, c. 400, §2 (amd).]

B. The court may require a juvenile to participate in a supervised work or service program. Such a program may provide restitution to the victim by requiring the juvenile to work or provide a service for the victim, or to make monetary restitution to the victim from money earned from such a program. Such a supervised work or service program may be required as a condition of probation if:

(1) The juvenile is not deprived of the schooling that is appropriate to the juvenile's age, needs and specific rehabilitative goals;

(2) The supervised work program is of a constructive nature designed to promote rehabilitation and is appropriate to the age level and physical ability of the juvenile; and

(3) The supervised work program assignment is made for a period of time not exceeding 180 days.

A juvenile participating in a supervised work or service program, performing community service or providing restitution under this section or section 3301 may not be subject to Title 39-A, Part 1, the Maine Workers' Compensation Act of 1992. [1997, c. 619, §2 (amd).]

C. [1991, c. 493, §21 (rp).]

C-1. The court may commit a juvenile to the custody of the Department of Health and Human Services when the court has determined 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 therein would be contrary to the welfare of the juvenile. The court may not enter an order under this paragraph unless the parents have had notice and an opportunity to be heard at the dispositional hearing.
Notwithstanding any other provision of law, the court may not commit a juvenile to the custody of the Department of Health and Human Services unless such notice has been served on the parents, custodians and the Department of Health and Human Services in accordance with District Court civil rules at least 10 days prior to the dispositional hearing. A party may waive this time requirement if the waiver is written and voluntarily and knowingly executed in court before a judge.
The Department of Health and Human Services shall provide for the care and placement of the juvenile as for other children in the department's custody pursuant to the Child and Family Services and Child Protection Act, Title 22, chapter 1071, subchapter VII.
The court may impose conditions that may include participation by the juvenile or the juvenile's parents or legal guardian in treatment services aimed at the rehabilitation of the juvenile, reunification of the family and improvement of the home environment. [2001, c. 696, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]

C-2. The court may commit a juvenile to the custody of a relative or other person when the court determines that this is in the best interest of the juvenile. The court may not enter an order under this paragraph unless the parents have had notice and an opportunity to be heard at the dispositional hearing. [1985, c. 439, §16 (new).]

D. [1991, c. 493, §22 (rp).]

E. The court may require the juvenile to make restitution for any damage to the victim or other authorized claimant as compensation for economic loss upon reasonable conditions that the court determines appropriate. For the purposes of this paragraph, the definitions in Title 17-A, section 1322 and the provisions of Title 17-A, sections 1324, 1326-B, 1328-A and 1329 apply, except that section 1329, subsection 3, paragraph A does not apply. [2003, c. 239, §1 (amd).]

F. The court may commit the juvenile to a Department of Corrections juvenile correctional facility. Whenever a juvenile is committed to a Department of Corrections juvenile correctional facility, 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 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 to a Department of Corrections juvenile correctional facility, which continues to be governed by section 3313. [2001, c. 696, §4 (amd).]

G. Except for a violation of section 3103, subsection 1, paragraph D, the court may impose a fine, subject to Title 17-A, sections 1301 to 1304. For the purpose of this section, juvenile offenses defined in section 3103, subsection 1, paragraphs B and C are deemed Class E crimes. [1999, c. 367, §1 (amd).]

H. The court may commit the juvenile to a Department of Corrections juvenile correctional facility 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 a Department of Corrections juvenile correctional facility, which detention must be served concurrently with any other period of detention previously imposed and not fully discharged or imposed on the same date but 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 that is subject to such provisions of Title 17-A, section 1204 as the court may order and that must be administered pursuant to Title 34-A, chapter 5, subchapter 4. 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 except that a statement is not required to be furnished and the day-for-day deduction must be determined by the facility, but not to Title 17-A, section 1253, subsection 3-B, 4, 5, 8, 9 or 10. For purposes of calculating the commencement of the period of detention, credit is accorded only for the portion of the first day for which the juvenile is actually detained; the juvenile may not be released until the juvenile has served the full term of hours or days imposed by the court. Whenever a juvenile is committed for a period of detention, 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 reasonable efforts are not 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. [2005, c. 328, §12 (amd).]

I. The court may order the juvenile unconditionally discharged. [1977, c. 520, §1 (new).]

[2005, c. 328, §12 (amd).]

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 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 in the juvenile's home would be contrary to the welfare of the juvenile. This determination does not affect whether the court orders a particular disposition upon a revocation of probation. If the juvenile is being detained for an alleged violation of probation, the court shall review within 48 hours following the detention, excluding Saturdays, Sundays and legal holidays, the decision to detain the juvenile. Following that review, the court shall order the juvenile's release unless the court finds that there is probable cause to believe that the juvenile has violated a condition of probation and finds, by a preponderance of the evidence, that continued detention is necessary to meet one of the purposes of detention under section 3203-A, subsection 4, paragraph C. Whenever a court orders continued detention, 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 in the juvenile's home would be contrary to the welfare of the juvenile. This determination does not affect whether the court orders continued detention. [2003, c. 503, §2 (amd).]

3. Disposition for violation of section 3103, subsection 1, paragraph E or F. When a juvenile has been adjudicated as having committed the juvenile crime under section 3103, subsection 1, paragraph E or F, the court may impose any of the dispositional alternatives contained in subsection 1. Any incarceration that is imposed may be part of a disposition pursuant to subsection 1, paragraph F or H. Any incarceration in a detention facility must be in a facility designated in subsection 1, paragraph H.

A. For an adjudication under section 3103, subsection 1, paragraph F, the juvenile's license or permit to operate a motor vehicle, right to operate a motor vehicle or right to apply for or obtain a license must be suspended by the court for a period of 180 days. The period of suspension may not be suspended by the court. The court shall give notice of the suspension and take physical custody of an operator's license or permit as provided in Title 29-A, section 2434. The court shall immediately transmit a certified abstract of the suspension to the Secretary of State. A further suspension may be imposed by the Secretary of State pursuant to Title 29-A, section 2451, subsection 3. [1995, c. 65, Pt. A, §48 (amd); §153 (aff); Pt. C, §15 (aff).]

[1995, c. 65, Pt. A, §48 (amd); §153 (aff); Pt. C, §15 (aff).]

3-A. Operator's license suspension for drug offenses. The court may suspend for a period of up to 6 months the license or permit to operate, right to operate a motor vehicle and right to apply for and obtain a license of any person who violates Title 17-A, chapter 45; Title 22, section 2383, unless the juvenile is authorized to possess marijuana for medical use pursuant to Title 22, section 2383-B, subsection 5; Title 22, section 2389, subsection 2; or Title 28-A, section 2052 and is adjudicated pursuant to this chapter to have committed a juvenile crime. The court shall give notice of suspension and take physical custody of an operator's license or permit as provided in Title 29-A, section 2434. The court shall immediately forward the operator's license and a certified abstract of suspension to the Secretary of State. [2003, c. 305, §6 (amd).]

3-B. Operator's license suspension for drug trafficking. If a juvenile uses a motor vehicle to facilitate the trafficking of a scheduled drug, the court may, in addition to other authorized penalties, suspend the juvenile's operator's license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license for a period not to exceed one year. A suspension may not begin until after any period of incarceration is served. If the court suspends a juvenile's operator's license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the Secretary of State of the suspension and the court shall take physical custody of the juvenile's operator's license. The Secretary of State may not reinstate the juvenile's operator's license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license unless the juvenile demonstrates that after having been released and discharged from any period of incarceration that may have been ordered, the juvenile has served the period of suspension ordered by the court. [2005, c. 328, §13 (new).]

4. Medical support. Whenever the court commits a juvenile to a Department of Corrections juvenile correctional facility or to the Department of Health and Human Services or for a period of detention or places a juvenile on a period of probation, it shall require the parent or legal guardian to provide medical insurance for or contract to pay the full cost of any medical treatment, mental health treatment, substance abuse treatment and counseling that may be provided to the juvenile while the juvenile is committed, including while on aftercare status or on probation, unless it determines that such a requirement would create an excessive hardship on the parent or legal guardian, or other dependent of the parent or legal guardian, in which case it shall require the parent or legal guardian to pay a reasonable amount toward the cost, the amount to be determined by the court. An order under this subsection is enforceable under Title 19-A, section 2603. [2003, c. 180, §9 (amd); c. 689, Pt. B, §6 (rev).]

5. Support orders. Whenever the court commits a juvenile to the Department of Health and Human Services, to a Department of Corrections juvenile correctional facility or to a relative or other person, the court shall order either or both parents of the juvenile to pay child support in accordance with the child support guidelines under Title 19-A, section 2006. The order is enforceable under Title 19-A, section 2603. [2005, c. 352, §1 (amd).]

6. Forfeiture of firearms. As part of every disposition in every proceeding under this code, every firearm that constitutes the basis for an adjudication for a juvenile crime that, if committed by an adult, would constitute a violation of section 393; Title 17-A, section 1105-A, subsection 1, paragraph C-1; Title 17-A, section 1105-B, subsection 1, paragraph C; Title 17-A, section 1105-C, subsection 1, paragraph C-1; or Title 17-A, section 1105-D, subsection 1, paragraph B-1 and every firearm used by the juvenile or any accomplice during the course of conduct for which the juvenile has been adjudicated to have committed a juvenile crime that would have been forfeited pursuant to Title 17-A, section 1158-A if the criminal conduct had been committed by an adult must be forfeited to the State and the juvenile court shall so order unless another person satisfies the court prior to the dispositional hearing and by a preponderance of the evidence that the other person had a right to possess the firearm, to the exclusion of the juvenile, at the time of the conduct that constitutes the juvenile crime. Rules adopted by the Attorney General that govern the disposition of firearms forfeited pursuant to Title 17-A, section 1158-A govern forfeitures under this subsection. [2003, c. 657, §1 (amd).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§34-38 (AMD).
PL 1979,
Ch. 233,
§2,3 (AMD).
PL 1979,
Ch. 512,
§6 (AMD).
PL 1979,
Ch. 681,
§29-32 (AMD).
PL 1981,
Ch. 379,
§1,2 (AMD).
PL 1981,
Ch. 493,
§3 (AMD).
PL 1981,
Ch. 679,
§9 (AMD).
PL 1983,
Ch. 480,
§B17-B19 (AMD).
PL 1983,
Ch. 581,
§2 (AMD).
PL 1985,
Ch. 439,
§15,16 (AMD).
PL 1985,
Ch. 715,
§1 (AMD).
PL 1987,
Ch. 297,
§ (AMD).
PL 1987,
Ch. 400,
§2,3 (AMD).
PL 1987,
Ch. 720,
§5 (AMD).
PL 1989,
Ch. 231,
§2 (AMD).
PL 1989,
Ch. 445,
§6 (AMD).
PL 1989,
Ch. 502,
§A43,A44 (AMD).
PL 1989,
Ch. 599,
§8 (AMD).
PL 1989,
Ch. 850,
§1 (AMD).
PL 1989,
Ch. 875,
§E21,22 (AMD).
PL 1991,
Ch. 493,
§21-24 (AMD).
PL 1991,
Ch. 493,
§28 (AFF).
PL 1991,
Ch. 776,
§2,3 (AMD).
PL 1991,
Ch. 885,
§E17 (AMD).
PL 1991,
Ch. 885,
§E47 (AFF).
PL 1993,
Ch. 354,
§8,9 (AMD).
PL 1993,
Ch. 658,
§2 (AMD).
PL 1995,
Ch. 65,
§A153,C15 (AFF).
PL 1995,
Ch. 65,
§A48,49 (AMD).
PL 1995,
Ch. 253,
§4 (AMD).
PL 1995,
Ch. 470,
§8 (AMD).
PL 1995,
Ch. 502,
§F5-7 (AMD).
PL 1995,
Ch. 647,
§3 (AMD).
PL 1995,
Ch. 690,
§6 (AMD).
PL 1997,
Ch. 24,
§RR6 (AMD).
PL 1997,
Ch. 339,
§1 (AMD).
PL 1997,
Ch. 591,
§1 (AMD).
PL 1997,
Ch. 619,
§2 (AMD).
PL 1997,
Ch. 752,
§18-23 (AMD).
PL 1999,
Ch. 260,
§A9 (AMD).
PL 1999,
Ch. 367,
§1 (AMD).
PL 1999,
Ch. 624,
§A7,8 (AMD).
PL 2001,
Ch. 696,
§3-5 (AMD).
RR 2001,
Ch. 2,
§A24 (COR).
RR 2001,
Ch. 2,
§A25 (AFF).
PL 2003,
Ch. 180,
§9 (AMD).
PL 2003,
Ch. 239,
§1 (AMD).
PL 2003,
Ch. 305,
§6 (AMD).
PL 2003,
Ch. 503,
§1,2 (AMD).
PL 2003,
Ch. 657,
§1 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
PL 2005,
Ch. 328,
§12,13 (AMD).
PL 2005,
Ch. 352,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3315-A. Termination of parental rights

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3315-A. Termination of parental rights

When a juvenile is in the custody of the Department of Health and Human Services, Title 22, chapter 1071, subchapter VI also applies. [2001, c. 696, §7 (new); 2003, c. 689, Pt. B, §6 (rev).]

Section History:
PL 2001,
Ch. 696,
§7 (NEW).
PL 2003,
Ch. 689,
§B6 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3315. Right to periodic review
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3315. Right to periodic review

1. Right to review. Every disposition pursuant to section 3314, 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 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 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. [2001, c. 696, §6 (amd); 2003, c. 689, Pt. B, §6 (rev).]

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).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§40 (AMD).
PL 1983,
Ch. 480,
§B20 (AMD).
PL 1995,
Ch. 502,
§F8 (AMD).
PL 1997,
Ch. 464,
§2 (AMD).
PL 1997,
Ch. 752,
§24 (AMD).
PL 1999,
Ch. 260,
§A10 (AMD).
PL 2001,
Ch. 696,
§6 (AMD).
PL 2003,
Ch. 503,
§3 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3316. Commitment to the Department of Corrections or the Department of Health and Human Services
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3316. Commitment to the Department of Corrections or the Department of Health and 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 a Department of Corrections juvenile corrections facility or the Department of Health and 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. [1999, c. 127, Pt. B, §6 (rpr); 2003, c. 689, Pt. B, §6 (rev).]

B. The Department of Corrections facility or the Department of Health and Human Services shall provide the court with any information concerning a juvenile committed to its care that the court at any time may require. [1999, c. 127, Pt. B, §6 (rpr); 2003, c. 689, Pt. B, §6 (rev).]

[1999, c. 127, Pt. B, §6 (rpr); 2003, c. 689, Pt. B, §6 (rev).]

2. Indeterminate disposition. The following provisions apply to indeterminate dispositions.

A. A commitment of a juvenile to a Department of Corrections juvenile corrections facility 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. [1999, c. 127, Pt. B, §6 (rpr).]

B. A commitment of a juvenile to the Department of Health and Human Services 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 the commitment. [1999, c. 127, Pt. B, §6 (rpr); 2003, c. 689, Pt. B, §6 (rev).]

[1999, c. 127, Pt. B, §6 (rpr); 2003, c. 689, Pt. B, §6 (rev).]

3. Provision of services. Nothing in this chapter may prevent juveniles who are receiving services from the Department of Corrections from receiving services from the Department of Health and Human Services. [1999, c. 127, Pt. B, §6 (rpr); 2003, c. 689, Pt. B, §6 (rev).]

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. [1999, c. 127, Pt. B, §6 (rpr).]

B. If a juvenile is placed in a residence outside the juvenile's home pursuant to a voluntary services agreement, the Commissioner of Corrections 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 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. 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. [2001, c. 696, §8 (amd).]

[2001, c. 696, §8 (amd).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§41 (AMD).
PL 1979,
Ch. 318,
§ (AMD).
PL 1979,
Ch. 512,
§7 (AMD).
PL 1981,
Ch. 493,
§3 (AMD).
PL 1983,
Ch. 480,
§B21 (AMD).
PL 1993,
Ch. 354,
§11 (AMD).
PL 1995,
Ch. 502,
§F9 (AMD).
PL 1997,
Ch. 591,
§2 (AMD).
PL 1997,
Ch. 752,
§25 (AMD).
PL 1999,
Ch. 127,
§B6 (RPR).
PL 2001,
Ch. 696,
§8 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3317. Disposition after return to Juvenile Court

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3317. Disposition after return to Juvenile Court

In instances of commitment of a juvenile to the Department of Health and Human Services or a Department of Corrections juvenile correctional facility or when the juvenile is under a specified period of probation, the Commissioner of Health and Human Services or the commissioner's designee or the Commissioner of Corrections or the commissioner's designee following the disposition may for good cause petition the Juvenile Court having original jurisdiction in the case for a judicial review of the disposition, including extension of the period of commitment or period of probation. In all cases in which a juvenile is returned to a Juvenile Court, the Juvenile Court may make any of the dispositions otherwise provided in section 3314. When reviewing a commitment to the Department of Health and Human Services, the court shall consider efforts made by the Department of Corrections and the Department of Health and Human Services to reunify the juvenile with the juvenile's parents or custodians, shall make a finding regarding those efforts and shall return custody of the juvenile to a parent or legal custodian if the return of the juvenile is not contrary to the welfare of the juvenile. A petition for judicial review of a disposition committing the child to the Department of Health and Human Services must be served on the parents at least 7 days prior to the hearing. [1997, c. 752, §26 (amd); 2003, c. 689, Pt. B, §§6, 7 (rev).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§41-A (AMD).
PL 1981,
Ch. 379,
§3 (AMD).
PL 1981,
Ch. 493,
§3 (AMD).
PL 1983,
Ch. 480,
§B22 (AMD).
PL 1985,
Ch. 439,
§17 (AMD).
PL 1987,
Ch. 400,
§4 (AMD).
PL 1991,
Ch. 493,
§25 (AMD).
PL 1995,
Ch. 502,
§F10 (AMD).
PL 1997,
Ch. 752,
§26 (AMD).
PL 2003,
Ch. 689,
§B6,7 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3318. Mentally ill or incapacitated juveniles

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3318. Mentally ill or incapacitated juveniles

1. Suspension of proceedings. If it appears that a juvenile may be a mentally ill person, as defined in Title 34-B, section 3801, subsection 5, or an incapacitated person, as defined in Title 34-B, section 5001, subsection 2, the court shall suspend the proceedings on the petition and shall either:

A. Initiate proceedings for voluntary or involuntary commitments as provided in Title 34-B, sections 3831 and 3863; or [2001, c. 471, Pt. F, §3 (amd).]

B. Order that the juvenile be examined by a physician or psychologist and refer the juvenile to a suitable facility or program for the purpose of examination, the costs of that examination to be paid by the court. If the report of that examination is that the juvenile is mentally ill or incapacitated to the extent that short-term or long-term hospitalization or institutional confinement is required, the Juvenile Court shall initiate proceedings for voluntary or involuntary commitment as provided in section 101-B and in Title 34-B, chapter 3, subchapter IV. The court shall continue the proceedings when a juvenile is voluntarily or involuntarily committed. [2001, c. 471, Pt. F, §3 (amd).]

[2001, c. 471, Pt. F, §3 (amd).]

2. Resumption of proceedings. The court shall set a time for resuming the proceeding when:

A. The report of the examination made pursuant to subsection 1, paragraph B states that the child is not mentally ill or incapacitated to the extent that short-term or long-term hospitalization or institutional confinement is required; or [1977, c. 520, §1 (new).]

B. The child is not found by the appropriate court to be a mentally ill person or an incapacitated person as defined in section 101-B and in Title 34-B, section 5001. [2001, c. 471, Pt. F, §3 (amd).]

[2001, c. 471, Pt. F, §3 (amd).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§42,43 (AMD).
PL 1987,
Ch. 402,
§A113,A114 (AMD).
PL 1989,
Ch. 621,
§8 (AMD).
PL 2001,
Ch. 471,
§F3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3319. Designation of facility

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3319. Designation of facility

Immediately after the court orders detention in or commitment to a juvenile facility, the court shall notify the Commissioner of Corrections or the commissioner's designee and shall inquire as to the juvenile facility to which the juvenile will be transported. The commissioner has complete discretion to make this determination. The commissioner or the commissioner's designee shall immediately inform the court of the location of the juvenile facility to which the juvenile will be transported. [1997, c. 752, §27 (new).]

Section History:
PL 1997,
Ch. 752,
§27 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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