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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 142
S.P. 397 - L.D. 1192

An Act To Enhance Juvenile Rehabilitation

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

     Sec. 1. 15 MRSA §3304, sub-§6-A, as amended by PL 1987, c. 720, §2, is further amended to read:

     6-A. Attendance of parent, guardian or legal custodian; contempt. The parent, guardian or legal custodian shall appear in response to the summons served pursuant to subsection 5 and shall attend all proceedings concerning the juvenile. The failure of a parent, guardian or legal custodian to appear in response to the summons or for a later hearing, or the inability to serve such a party, shall may not prevent the court from continuing with the proceedings against a juvenile who is before the court, except as required in section 3314, subsection 1, paragraphs C-1 and C-2.

     Sec. 2. 15 MRSA §3314-B is enacted to read:

§3314-B.    Counseling, treatment, education or case management for juveniles and their parents, guardians and legal custodians

     1. Counseling, treatment, education or case management. In conjunction with a disposition under section 3314, the court may require the juvenile and the juvenile's parent, guardian or legal custodian to participate in counseling, treatment, education or case management as determined by the court. The counseling, treatment, education or case management must be designed to create a favorable environment for sustained noncriminal behavior.

     2. Costs. The court may order a parent, guardian or legal custodian to pay or cause to be paid all or part of the reasonable costs of any counseling, treatment, education or case management ordered pursuant to this section.

     3. Enforcement. After notice and hearing and in accordance with the Maine Rules of Criminal Procedure, Rule 42(d), the court may invoke its contempt powers to enforce its counseling, treatment, education, case management or other order that applies to the juvenile, the juvenile's parent, guardian or legal custodian or any other person before the court who is subject to an order to participate in counseling, treatment, education or case management.

     4. Probation. The court may not revoke a juvenile's probation because of a failure of the juvenile's parent, guardian or legal custodian to comply with an order under this section.

     Sec. 3. Application. This Act applies to juvenile crimes for which a summons is served on or after the effective date of this Act.

Effective September 13, 2003, unless otherwise indicated.

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