LD 1369
pg. 2
Page 1 of 23 An Act to Transfer Responsibility for Youth Corrections from the Department of ... Page 3 of 23
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LR 1751
Item 1

 
Corrections Human Services 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 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 Human
Services juvenile correctional facility, which continues to be
governed by section 3313.

 
Sec. 5. 15 MRSA §3314, sub-§1, ¶H, as amended by PL 1997, c. 752, §20,
is further amended to read:

 
H. The court may commit the juvenile to a Department of
Corrections Human Services 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 Human Services juvenile
correctional facility, which detention 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 Human Services exclusively for
juveniles. The court may order such a disposition to be
served as a part of and with a period of probation, which is
subject to such provisions of Title 17-A, section 1204 as
the court may order and which must be administered pursuant
to Title 34-A, chapter 5, subchapter IV. 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, but not
to Title 17-A, section 1253, subsection 3-B, 4, 5 or 8.

 
Sec. 6. 15 MRSA §3314, sub-§4, as amended by PL 1997, c. 752, §22, is
further amended to read:

 
4. Medical support. Whenever the court commits a juvenile to
a Department of Corrections Human Services juvenile correctional
facility or to the Department of 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.


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