LD 1369
pg. 4
Page 3 of 23 An Act to Transfer Responsibility for Youth Corrections from the Department of ... Page 5 of 23
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LR 1751
Item 1

 
2.__Indeterminate commitment.__This subsection applies to
indeterminate dispositions.

 
A.__A commitment of a juvenile to a Department of Human
Services juvenile correctional 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.

 
B.__A commitment of a juvenile to the Department of 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.

 
3.__Voluntary services.__This subsection applies to voluntary
services agreement provisions.

 
A.__This chapter does not prevent a juvenile from receiving
services from the Department of Human Services pursuant to a
voluntary agreement with the juvenile and the juvenile's
parents, guardian or legal custodian if the juvenile is not
emancipated.

 
B.__If a juvenile is placed in a residence outside the
juvenile's home pursuant to a voluntary services agreement,
the Commissioner of Human Services or the commissioner's
designee may request the court to make a determination of
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.__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.


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