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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 34-A. CORRECTIONS
Chapter : Chapter 07. JUVENILE DELINQUENCY PREVENTION AND REHABILITATION
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Title 34-A - §7001. Responsibility of the department
Title 34-A: CORRECTIONS
Chapter 7: JUVENILE DELINQUENCY PREVENTION AND REHABILITATION
§7001. Responsibility of the department
The department is responsible for:
[1983, c. 459, § 6 (new).]
1. Services. Within the limits of available funding, ensuring the provision of all services necessary to:
A. Prevent juveniles from coming into contact with the Juvenile Court; and
[1983, c. 459, § 6 (new).]
B. Support and rehabilitate those juveniles who do come into contact with the Juvenile Court;
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
2. Information. Gathering standardized information on the characteristics of and the present and past services needs of juveniles who have
come into contact with the Juvenile Court and gathering standardized information on the extent to which those needs are being
met;
[1983, c. 459, § 6 (new).]
3. Proposals. Making proposals for meeting the prevention and rehabilitation services needs which are not being addressed; and
[1983, c. 459, § 6 (new).]
4. Coordination. Coordinating its efforts in discharging the responsibility given under this section with those of other state or local agencies
in order to effectively use existing resources to the maximum extent possible to achieve the purposes of this chapter and
Title 15, Part 6.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(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
This page created on: 2005-10-01
Title 34-A - §7002. Powers and duties of the department
Title 34-A: CORRECTIONS
Chapter 7: JUVENILE DELINQUENCY PREVENTION AND REHABILITATION
§7002. Powers and duties of the department
The department has the following powers and duties with respect to the responsibility defined in section 7001.
[1983, c. 459, §6 (new).]
1. Services. The department shall provide, directly or through purchase or contract, services to children and their families, including,
but not limited to:
A. Administering, supervising and ensuring the provision of correctional programs for juveniles adjudicated as having committed
juvenile crimes;
[1983, c. 459, §6 (new).]
B. Providing technical assistance and additional financial resources to assist communities to establish and provide necessary
preventive and rehabilitative services for juveniles;
[1983, c. 459, §6 (new).]
C. Coordinating its efforts with those of other state and local agencies in order to effectively use all existing resources
to the maximum extent possible;
[1983, c. 459, §6 (new).]
D. Working with other public and voluntary agencies as resources for the purchase of care and services; and
[1983, c. 459, §6 (new).]
E. Stimulating the creation of voluntary services.
[1983, c. 459, §6 (new).]
[1983, c. 459, §6 (new).]
2. Planning. The department shall carry out planning for identifying, evaluating and meeting the service needs for prevention of juvenile
crime and rehabilitation of juveniles adjudicated as having committed juvenile crimes. To ensure that the department's efforts
to plan for and deliver prevention programs avoid duplication of the efforts of other state departments which serve juveniles
and promote access to services, the commissioner shall:
A. Constitute an interdepartmental coordinating committee on primary prevention, which must be chaired by the commissioner
or the commissioner's designee and must include representation from the Department of Education, Department of Health and
Human Services, Department of Labor, Department of Public Safety, the Juvenile Justice Advisory Group and such other public
or private agencies as the commissioner may wish to nominate that have responsibilities associated with preventing not only
delinquency, but also child abuse, substance abuse, running away from home, truancy and failing to complete school and other
destructive behavior that affects juveniles. This coordinating committee shall:
(1) Develop a state primary prevention plan that provides for the use of state resources in ways that will strengthen the
commitment of local communities to altering conditions that contribute to delinquency and other destructive behaviors that
affect juveniles, so that the burden of state-funded treatment and crisis-responsive service programs will be reduced. The
plan must provide for the coordination and consolidation of the primary prevention planning efforts of each of the state agencies
specified in this section. The plan must set forth quantifiable and time-limited goals, objectives and strategies and must
include proposals to integrate and build upon successful primary prevention programs;
(2) Provide for the evaluation of policies and programs developed and implemented pursuant to the plan; and
(3) Prepare, annually by November 1st, an appraisal of the State's primary prevention activities during the previous year
and its recommendations for programs and activities relating to primary prevention.
[RR 2003, c. 2, §100 (cor).]
[RR 2003, c. 2, §100 (cor).]
3. Evaluation. The department shall evaluate prevention and rehabilitation services with regard to, among other things:
A. Compliance with all regulations for the use of funds for those services; and
[1983, c. 459, §6 (new).]
B. Quality and cost of effectiveness of those services.
[1983, c. 459, §6 (new).]
[1983, c. 459, §6 (new).]
4. Appeals. The department shall provide structure for appeals, fair hearings and a review of grievances by children and their parents,
guardian or legal custodian regarding provision of services for which the department has been given responsibility under this
chapter, including, but not limited to, protecting the rights of individuals to appeal from denials of or exclusion from the
services to which they are entitled, actions that preclude the individual's right of choice to specific programs, or actions
that force involuntary participation in a service program.
[1983, c. 459, §6 (new).]
5. Training. The department shall train personnel to perform the functions necessary to implement this chapter, including, but not limited
to:
A. Meeting the need for professional personnel for juvenile services, through in-service training, institutes, conferences
and educational leave grants;
[1983, c. 459, §6 (new).]
B. Upgrading education and competence of professional and other personnel and volunteers; and
[1983, c. 459, §6 (new).]
C. Making staff and training facilities available for training of staff and volunteers in contracting agencies or facilities
to assure effective provision of purchased services.
[1983, c. 459, §6 (new).]
[1983, c. 459, §6 (new).]
6. Research and demonstration. The department may conduct research and demonstration projects, including, but not limited to, entering into contracts with
other agencies and making grants for research, including basic research into the causes of juvenile crime, evaluation of methods
of service delivery in use, and development of new approaches.
[1983, c. 459, §6 (new).]
7. Wards. With respect to individual juveniles for whom the department has accepted responsibility, it may take necessary action for
the appointment of a guardian of a juvenile who does not have a parent to exercise effective guardianship, and it shall:
A. Assure that appropriate services are made available to them, either directly or by purchase of those services;
[1983, c. 459, §6 (new).]
B. Assume responsibility, to the extent that parents are unable to do so, for payment for services; and
[1983, c. 459, §6 (new).]
C. Assume legal custody of children or legal guardianship when vested by the court.
[1983, c. 459, §6 (new).]
[1983, c. 459, §6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1987,
Ch. 198,
§
(AMD).
PL 1989,
Ch. 700,
§A162
(AMD).
PL 1995,
Ch. 560,
§K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 2001,
Ch. 354,
§3
(AMD).
RR 2003,
Ch. 2,
§100
(COR).
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
This page created on: 2005-10-01
Title 34-A - §7003. Transfer
Title 34-A: CORRECTIONS
Chapter 7: JUVENILE DELINQUENCY PREVENTION AND REHABILITATION
§7003. Transfer
1. Approval. The department may transfer any juvenile committed to its care from one facility or program to another, except that, before
any juvenile is transferred, he shall be examined and evaluated and the evaluation shall be reviewed and approved by the commissioner.
[1983, c. 459, § 6 (new).]
2. Emergency exception. When the commissioner finds that the welfare and protection of a juvenile or others requires the juvenile's immediate transfer
to another facility, he shall make the transfer prior to the examination and evaluation of the juvenile.
[1983, c. 459, § 6 (new).]
3. Restrictive placements. Restrictive placements are governed as follows.
A. Notwithstanding subsections 1 and 2, the transfer of any juvenile from a less restrictive placement to a more restrictive
placement shall be reviewed by the Juvenile Court that originally ordered the juvenile's placement within 48 hours of the
transfer, excluding Saturdays, Sundays and legal holidays.
[1983, c. 459, § 6 (new).]
B. In order to continue the more restrictive placement, a court must find:
(1) That it is necessary to protect the juvenile or protect the community; and
(2) That no other available less restrictive placement will protect the juvenile or the community.
[1983, c. 459, § 6 (new).]
C. Notwithstanding paragraph A, the commissioner may not place any juvenile committed to the department in an adult correctional
facility.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(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
This page created on: 2005-10-01
Title 34-A - §7004. Agreements and contracts with public and private agencies
Title 34-A: CORRECTIONS
Chapter 7: JUVENILE DELINQUENCY PREVENTION AND REHABILITATION
§7004. Agreements and contracts with public and private agencies
1. Commissioner's power. The commissioner may enter into agreements or contracts with any governmental unit or agency or private facility or program
cooperating or willing to cooperate in a program to carry out the purposes of this chapter and Title 15, Part 6.
[1983, c. 459, § 6 (new).]
2. Nature of agreements or contracts. Agreements or contracts entered into under subsection 1 may provide, among other things, for the type of work to be performed,
for the rate of payment for that work and for other matters relating to the care and treatment of juveniles.
[1983, c. 459, § 6 (new).]
3. Custody. Placement of juveniles by the department in any public or private facility or program not under the jurisdiction of the department
does not terminate the legal custody of the department.
[1983, c. 459, § 6 (new).]
4. Inspection. The department may inspect all facilities used by it and may examine and consult with persons in its legal custody who have
been placed in any such facility.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(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
This page created on: 2005-10-01
Title 34-A - §7005. Administrators of facilities and programs
Title 34-A: CORRECTIONS
Chapter 7: JUVENILE DELINQUENCY PREVENTION AND REHABILITATION
§7005. Administrators of facilities and programs
A chief administrative officer of a facility or program with which the department contracts for services shall:
[1983, c. 459, § 6 (new).]
1. Report. Report to the commissioner at such times and on such matters as the commissioner may require;
[1983, c. 459, § 6 (new).]
2. Receipt of juveniles. Receive, subject to limitations on physical capacity and programs, all juveniles committed to the custody of the department
and placed in his care under the provisions of Title 15, Part 6, and keep them for rehabilitation, education and training
until discharged by law or under the rules of the department or released on probation; and
[1983, c. 459, § 6 (new).]
3. Evaluations. Secure a careful and thorough evaluation of every juvenile placed under his care at intervals no greater than 6 months, that
evaluation to ascertain whether the juvenile should be released, whether his program should be modified or whether his transfer
to another facility should be recommended.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(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
This page created on: 2005-10-01
Title 34-A - §7006. Rules
Title 34-A: CORRECTIONS
Chapter 7: JUVENILE DELINQUENCY PREVENTION AND REHABILITATION
§7006. Rules
The commissioner shall develop and promulgate according to the Maine Administrative Procedure Act, Title 5, chapter 375, by
January, 1979, such rules as may be necessary to enable the department to carry out its responsibilities as prescribed in
this chapter. When portions of the rules relate to staff or services administered by another state agency, those portions
shall be developed and approved jointly with that other agency.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(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
This page created on: 2005-10-01
Title 34-A - §7007. Expenses for transporting children long distances
Title 34-A: CORRECTIONS
Chapter 7: JUVENILE DELINQUENCY PREVENTION AND REHABILITATION
§7007. Expenses for transporting children long distances
The department shall pay any expenses incurred by local agencies for transporting a juvenile more than 100 miles, pursuant
to the provisions of Title 15, Part 6, or of this chapter to an intake worker, to a placement directed by the intake worker
or to a Juvenile Court.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(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
This page created on: 2005-10-01
Title 34-A - §7008. Community conference committee
Title 34-A: CORRECTIONS
Chapter 7: JUVENILE DELINQUENCY PREVENTION AND REHABILITATION
§7008. Community conference committee
In any district in which an intake worker is established, the commissioner may appoint a community conference committee composed
of citizen volunteers.
[1983, c. 459, § 6 (new).]
1. Membership. The committee shall consist of at least 10 members, but not more than 15 members, of whom 5 shall constitute a quorum.
[1983, c. 459, § 6 (new).]
2. Compensation. Members may not be compensated for their services.
[1983, c. 459, § 6 (new).]
3. Alternative diversionary resource. The committee shall serve as an alternative diversionary resource for juvenile offenders.
[1983, c. 459, § 6 (new).]
4. Guidelines. The commissioner shall promulgate guidelines for the functioning of community conference committees.
[1983, c. 459, § 6 (new).]
5. Additional committees. This section does not prohibit the appointment of more than one community conference committee within an intake district
by the intake worker, with the approval of the commissioner.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(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
This page created on: 2005-10-01
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