LD 1886
pg. 5
Page 4 of 8 PUBLIC Law Chapter 488 Page 6 of 8
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LR 3014
Item 1

 
assistant director superintendent has the powers, duties,
obligations and liabilities of the director superintendent when the
director superintendent is absent or unable to perform the
director's superintendent's duties.

 
Sec. 13. 34-A MRSA §4106, as enacted by PL 1991, c. 400 and amended
by PL 2001, c. 439, Pt. G, §8, is further amended to read:

 
§4106. Powers of employees

 
Employees of the Mountain View Youth Development Center have
the same power as sheriffs in their respective counties to search
for and apprehend escapees from the facility, when authorized to
do so by the director superintendent.

 
Sec. 14. 34-A MRSA §4108, sub-§2, ¶A, as enacted by PL 1991, c. 400 is
amended to read:

 
A. Placement under observation must first be approved by
the director superintendent.

 
Sec. 15. 34-A MRSA §4108, sub-§2, ¶D, as enacted by PL 1991, c. 400 is
amended to read:

 
D. When placement under observation exceeds 12 hours, the
director superintendent shall direct the facility physician
or a member of the facility medical staff to visit the
juvenile immediately and at least once in each succeeding
24-hour period the juvenile remains under observation to
examine the juvenile's state of health.

 
(1) The director superintendent shall give full
consideration to recommendations of the physician or
medical staff member concerning the juvenile's dietary
needs and the conditions of the juvenile's confinement
required to maintain the juvenile's health. If the
recommendations of the physician or medical staff
member are not carried out, the director superintendent
shall immediately convey the reasons and circumstances
for this decision to the commissioner for review and
final disposition.

 
(2) Placement under observation must be discontinued if the
director superintendent, on the advice of the physician,
determines that placement under observation is harmful to the
mental or physical health of the juvenile, except that placement
under observation may be continued if the behavior of the
juvenile presents a high likelihood of imminent physical harm to
that juvenile or others and there is no less restrictive


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