Sec. 1. 15 MRSA §3306-A, as amended by PL 1999, c. 624, Pt. B, §16, is further amended to read:

§3306-A. Release or detention at first appearance

At the juvenile's first appearance or at any subsequent appearance before the court, the court may order, pending further appearances before the court, the juvenile's unconditional release, conditioned release or detention in accordance with section 3203-A. Unless the court orders otherwise, any juvenile put on conditional release by a juvenile community corrections officer remains on conditional release until disposition.

Unless the court orders the juvenile placed in a detention facility in the first court ruling that sanctions, even temporarily, the juvenile's removal from the home, the court shall make findings as to whether:

1.__Welfare of juvenile.__Continuation in the juvenile's home would be contrary to the welfare of the juvenile; and

2.__Mitigating efforts.__Reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home or no reasonable efforts are necessary because there are aggravated circumstances as defined by Title 22, section 4002, subsection 1-B.

Sec. 2. 15 MRSA §3314, sub-§1, śC-1, as amended by PL 1987, c. 720, §5, is further amended to read:

C-1. The court may commit a juvenile to the custody of the Department of Human Services when the court has determined that reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from his the juvenile's home and that continuation therein would be contrary to the welfare of the juvenile. The court may not enter an order under this paragraph unless the parents have had notice and an opportunity to be heard at the dispositional hearing.

Notwithstanding any other provision of law, the court shall may not commit a juvenile to the custody of the Department of Human Services unless such notice has been served on the parents, custodians and the Department of Human Services in accordance with District Court civil rules at least 10 days prior to the dispositional hearing. A party may waive this time requirement if the waiver is written and voluntarily and knowingly executed in court before a judge.