LD 1139
pg. 1
LD 1139 Title Page An Act To Increase Parental Responsibility for Restitution Page 2 of 5
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LR 1151
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 14 MRSA §304, as enacted by PL 1995, c. 694, Pt. C, §1
and affected by Pt. E, §2, is amended to read:

 
§304. Liability of parents or legal guardians for damage by

 
children

 
If a minor who is between 7 and 17 years of age willfully or
maliciously causes damage to property or injury to a person
and the minor would have been liable for the damage or injury
if the minor were an adult and the minor lives with that
minor's parents or legal guardians, the parents or legal
guardians are jointly and severally liable with the minor for
that damage or injury in an amount not exceeding $800 $10,000.
This section does not relieve the minor from personal
liability for that damage or injury.

 
Sec. 2. 15 MRSA §3314, sub-§1, as amended by PL 2001, c. 696, §§3
and 4, is further amended to read:

 
1. Dispositional alternatives. When a juvenile has been
adjudicated as having committed a juvenile crime, the court
shall enter a dispositional order containing one or more of
the following alternatives.

 
A. The court may allow the juvenile to remain in the
legal custody of his the juvenile's parents or a guardian
under such conditions as the court may impose. Conditions
may include participation by the juvenile, his the
juvenile's parents or legal guardian in treatment services
aimed at the rehabilitation of the juvenile and
improvement of the home environment.

 
A-1.__Whether the juvenile remains at home or resides in
an appropriate placement outside of the home, the court
may order the parents or legal guardian of the juvenile to
personally participate in counseling, education and
treatment reasonably available in the parents' or legal
guardian's area as specified in a plan set out in the
court order.__If the court orders the parents or legal
guardian to participate in treatment under this
subsection, the court shall also order the parents or
legal guardian to use any available insurance or other
resource to cover the counseling, education and treatment
or to pay for the treatment unless the court determines
that such a requirement would create an excessive hardship
on the parents or legal guardian or other dependent of the
parents or legal guardian, in which case the court shall
order the parents or legal guardian to pay a reasonable
amount toward the cost, the amount to be determined by the
court.


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