E.__When placement under observation exceeds 24 hours, the director shall direct appropriate facility staff to develop a plan for the further care of the juvenile.__The plan must be revised as needed to meet the changing needs of the juvenile.

F.__Placement under observation may not exceed 72 hours without the commissioner's approval, which must:

(1)__Be in writing;

(2)__State the reasons for that approval; and

(3)__Be kept on file.

G.__If the recommendations of the facility physician or facility medical staff member regarding the juvenile's dietary or other health needs while under observation are not carried out, the director shall send a written justification to the commissioner.

H.__A juvenile held under observation must be under constant sight and sound supervision by facility staff.

§8929. Limit on number of juveniles

The population of the facility may not exceed 40 juveniles, unless there is no other appropriate housing available for juveniles.__Exceeding 40 juveniles in an emergency situation may be done only for the length of time necessary to resolve the emergency.

§8930. Powers of commissioner

The commissioner has all the power over a juvenile detainee that a guardian has over a ward and that a parent has over a child with regard to necessary medical care.__If a juvenile detainee is or becomes 18 years of age while still detained, the statutory guardianship of the commissioner over the juvenile detainee terminates, but the juvenile remains subject to the control of the commissioner, staff and rules of the facility until release from the facility.

Sec. 13. 34-A MRSA §1403, sub-§2, śC, as amended by PL 1995, c. 502, Pt. F, §18, is further amended to read: