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USA Statutes : maine
Title : Title 15. COURT PROCEDURE -- CRIMINAL
Chapter : Chapter 511. INTERIM CARE; RUNAWAYS
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Title 15 - §3501. Interim care
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 511: INTERIM CARE; RUNAWAYS
§3501. Interim care
1. Interim care. A juvenile may be taken into interim care by a law enforcement officer without order by the court when the officer has reasonable
grounds to believe that:
A. The juvenile is abandoned, lost or seriously endangered in his surroundings and that immediate removal is necessary for
his protection; or
[1977, c. 520, §1 (new).]
B. The juvenile has left the care of his parents, guardian or legal custodian without the consent of such person.
[1977, c. 520, §1 (new).]
[1977, c. 520, §1 (new).]
2. Limit. Under no circumstances shall any juvenile taken into interim care be held involuntarily for more than 6 hours.
[1977, c. 520, §1 (new).]
3. Interim care, police record. The taking of a juvenile into interim care pursuant to this section is not an arrest and shall not be designated in any police
records as an arrest.
[1977, c. 520, §1 (new).]
4. Notification of parents, guardian or custodian. When a juvenile is taken into interim care, the law enforcement officer or the Department of Health and Human Services shall,
as soon as possible, notify the juvenile's parent, guardian or legal custodian of the juvenile's whereabouts. If a parent,
guardian or legal custodian cannot be located, such notification shall be made to a person with whom the juvenile is residing.
[1981, c. 619, §5 (amd); 2003, c. 689, Pt. B, §6 (rev).]
5. Interim care, placement.
A. When a law enforcement officer takes a juvenile into interim care, the officer shall contact the Department of Health and
Human Services which shall designate a place where the juvenile will be held.
[1981, c. 619, §6 (amd); 2003, c. 689, Pt. B, §6 (rev).]
B. The law enforcement officer shall take the juvenile to the Department of Health and Human Services or to the location specified
by the department without unnecessary delay.
[1981, c. 619, §7 (amd); 2003, c. 689, Pt. B, §6 (rev).]
C.
[1981, c. 619, §8 (rp).]
[1981, c. 619, §§6-8 (amd); 2003, c. 689, Pt. B, §6 (rev).]
6. (omitted).
[see 1977, c. 520, §1.]
7. Interim care, restriction on placement and transportation.
A. A juvenile taken into interim care may not be placed in a jail or other secure detention or correctional facility intended
or used to detain adults accused or convicted of crimes or juveniles accused or adjudicated of juvenile crimes.
[1997, c. 752, §28 (amd).]
B. Notwithstanding paragraph A, a juvenile taken into interim care may be held, if no other appropriate placement is available,
in the public sections of a facility described in section 3203-A, subsection 7, paragraph B if there is an adequate staff
to supervise the juvenile's activities at all times or in accordance with section 3203-A, subsection 7-A.
[1997, c. 752, §29 (amd).]
C. To the extent practicable, a juvenile taken into interim care shall not be placed or transported in any police or other
vehicle which at the same time contains an adult under arrest.
[1977, c. 520, §1 (new).]
[1997, c. 752, §§28, 29 (amd).]
8. Interim care, voluntary services. The Department of Health and Human Services shall inform the juvenile and his family, guardian or legal custodian of social
services and encourage them to voluntarily accept social services.
[1981, c. 619, §9 (rpr); 2003, c. 689, Pt. B, §6 (rev).]
9. Interim care, identification of juvenile. No fingerprints of a juvenile taken into interim care pursuant to this section may be obtained from the juvenile. Solely
for the purpose of restoring a juvenile to his residence, the juvenile's name, address, photograph and other reasonably necessary
information may be obtained and transmitted to any appropriate person or agency.
[1977, c. 664, §47 (amd).]
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
PL 1977,
Ch. 664,
§47
(AMD).
PL 1981,
Ch. 619,
§5-9
(AMD).
PL 1985,
Ch. 439,
§18
(AMD).
PL 1993,
Ch. 354,
§12
(AMD).
PL 1997,
Ch. 752,
§28,29
(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 - §3502. The Department of Corrections and the Department of Health and Human Services 24-hour referral services
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 511: INTERIM CARE; RUNAWAYS
§3502. The Department of Corrections and the Department of Health and Human Services 24-hour referral services
1. Emergency placement decisions. Placement referral services shall be provided by the Department of Corrections and Department of Health and Human Services
as follows.
A. The Department of Corrections shall provide for a placement referral service, staffed by juvenile community corrections
officers for 24 hours a day. This referral service shall make emergency detention or conditional release decisions pursuant
to chapter 505 for all juveniles referred to the department by law enforcement officers.
[2001, c. 667, Pt. A, §32 (amd).]
B. The Department of Health and Human Services shall provide for a placement referral service, staffed by personnel 24 hours
a day. This referral service shall make emergency placement decisions pursuant to this chapter for all juveniles referred
to the department by law enforcement officers.
[1981, c. 619, §10 (new); 2003, c. 689, Pt. B, §6 (rev).]
[2001, c. 667, Pt. A, §32 (amd); 2003, c. 689, Pt. B, §6 (rev).]
2. Placement procedures. Emergency placements shall be arranged by juvenile caseworkers or the Department of Health and Human Services' personnel
according to procedures and standards jointly adopted by the Department of Corrections and the Department of Health and Human
Services. Placement may include voluntary care or short-term emergency services under Title 22, sections 4021 to 4023.
[1985, c. 439, §20 (amd) 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
PL 1979,
Ch. 733,
§1
(AMD).
PL 1981,
Ch. 493,
§3
(AMD).
PL 1981,
Ch. 619,
§10
(RPR).
PL 1985,
Ch. 439,
§19,20
(AMD).
PL 2001,
Ch. 667,
§A32
(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 - §3503. Juveniles, voluntary return home
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 511: INTERIM CARE; RUNAWAYS
§3503. Juveniles, voluntary return home
If a juvenile who has been taken into interim care under the provisions of section 3501 and his parents, guardian or legal
custodian agree to the juvenile's return home, the parents, guardian or legal custodian shall cause the juvenile to be transported
home as soon as practicable. If the parents, guardian or legal custodian fail to arrange for the transportation of the juvenile,
he shall be transported at the expense of the parents, guardian or legal custodian.
[1977, c. 664, § 48 (rpr).]
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
PL 1977,
Ch. 664,
§48
(RPR).
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 - §3504. Runaway juveniles, shelter and family services needs assessment (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 511: INTERIM CARE; RUNAWAYS
§3504. Runaway juveniles, shelter and family services needs assessment (REPEALED)
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
PL 1979,
Ch. 733,
§2
(RP ).
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 - §3505. Runaway juveniles, neglect petition (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 511: INTERIM CARE; RUNAWAYS
§3505. Runaway juveniles, neglect petition (REPEALED)
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
PL 1979,
Ch. 733,
§2
(RP ).
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 - §3506-A. Emancipation
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 511: INTERIM CARE; RUNAWAYS
§3506-A. Emancipation
1. Petition for emancipation. If a juvenile is 16 years of age or older and refuses to live in the home provided by his parents, guardian or custodian,
he may request the District Court in the division in which his parents, guardian or custodian resides to appoint counsel for
him to petition for emancipation.
[1981, c. 619, §12 (new).]
2. Contents of petition. The petition shall state plainly:
A. The facts which bring the juvenile within the court's jurisdiction and which form the basis for the petition;
[1981, c. 619, §12 (new).]
B. The name, date of birth, sex and residence of the juvenile; and
[1981, c. 619, §12 (new).]
C. The name and residence of his parent or parents, guardian or custodian.
[1981, c. 619, §12 (new).]
[1981, c. 619, §12 (new).]
2-A. Mediation. Upon the filing of a petition and prior to a hearing under this section, the court may refer the parties to mediation.
Any agreement reached by the parties through mediation on any issues shall be stated in writing, signed by the parties and
presented to the court for approval as a court order.
[1989, c. 126, §1 (new).]
3. Hearing. On the filing of a petition, the court shall schedule a hearing and shall notify the parent or parents, guardian or custodian
of the date of the hearing, the legal consequences of an order of emancipation, the right to be represented by legal counsel
and the right to present evidence at the hearing. Notice shall be given in the manner provided in the Maine Rules of Civil
Procedure, Rule 4, for service of process.
[1981, c. 619, §12 (new).]
4. Order of emancipation. The court shall order emancipation of the juvenile if it determines that:
A. The juvenile has made reasonable provision for his room, board, health care and education, vocational training or employment;
and
[1981, c. 619, §12 (new).]
B. The juvenile is sufficiently mature to assume responsibility for his own care and it is in his best interest to do so.
[1981, c. 619, §12 (new).]
[1981, c. 619, §12 (new).]
5. Denial of petition. If the court determines that the criteria established in subsection 4 are not met, the court shall deny the petition and
may recommend that the Department of Health and Human Services provide continuing services and counseling to the family.
[1981, c. 619, §12 (new); 2003, c. 689, Pt. B, §6 (rev).]
6. Appeal. Any person named in the petition who is aggrieved by the order of the court may appeal to the Superior Court.
[1981, c. 619, §12 (new).]
7. Public proceeding; exception. Notwithstanding section 3307, subsection 2, paragraph B, the court shall not exclude the public unless the minor or the
minor's parent or parents, guardian or custodian, requests that the public be excluded and the minor or the minor's parent
or parents, guardian or custodian, does not object. If the public is excluded, only the parties, their attorneys, court officers
and witnesses may be present.
[1989, c. 126, §2 (new).]
Section History:
PL 1981,
Ch. 619,
§12
(NEW).
PL 1989,
Ch. 126,
§1,2
(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 - §3506. Runaway juveniles, emancipation (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 511: INTERIM CARE; RUNAWAYS
§3506. Runaway juveniles, emancipation (REPEALED)
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
PL 1979,
Ch. 733,
§3,4
(AMD).
PL 1981,
Ch. 619,
§11
(RP ).
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 - §3507. Runaway juveniles returned from another state
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 511: INTERIM CARE; RUNAWAYS
§3507. Runaway juveniles returned from another state
When a juvenile who has left the care of the juvenile's parents, guardian or legal custodian without that person's consent,
is returned to Maine from another state, the juvenile must be referred immediately to a juvenile community corrections officer
and must be processed according to the provisions of this chapter.
[1999, c. 624, Pt. B, §21 (amd).]
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
PL 1985,
Ch. 439,
§21
(AMD).
PL 1999,
Ch. 624,
§B21
(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 - §3508. Responsibility of the Department of Human Services (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 511: INTERIM CARE; RUNAWAYS
§3508. Responsibility of the Department of Human Services (REPEALED)
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
PL 1979,
Ch. 733,
§5
(RP ).
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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