Sec. 1. 34-A MRSA §3809-A, sub-§3 is enacted to read:

3.__Psychiatric hospitalization.__The commissioner has all the power over a juvenile client that a guardian has over a ward and that a parent has over a child with regard to necessary psychiatric hospitalization, including hospitalization in a nonstate mental health institution or hospital for the mentally ill.__If a juvenile client is or becomes 18 years of age while still under commitment, the statutory guardianship of the commissioner over the juvenile client terminates, but the juvenile client remains subject to the control of the commissioner and staff and rules of the facility until the expiration of the period of commitment or until discharge from the facility.

Sec. 2. 34-A MRSA §4111, sub-§3 is enacted to read:

3.__Psychiatric hospitalization.__The commissioner has all the power over a juvenile client that a guardian has over a ward and that a parent has over a child with regard to necessary psychiatric hospitalization, including hospitalization in a nonstate mental health institution or hospital for the mentally ill.__If a juvenile client is or becomes 18 years of age while still under commitment, the statutory guardianship of the commissioner over the juvenile client terminates, but the juvenile client remains subject to the control of the commissioner and staff and rules of the facility until the expiration of the period of commitment or until discharge from the facility.

SUMMARY

Present law only allows for the psychiatric hospitalization of persons confined in Department of Corrections facilities in state mental health institutes. While the state mental health institutes have beds for adults, they do not have and do not plan to have beds for juveniles. This bill allows juveniles needing psychiatric hospitalization to be admitted to private facilities for psychiatric care under the commissioner's statutory guardianship, just as they may now be admitted to private facilities for medical care under that guardianship.