Maine Revised Statutes Title 15 Sec. 3317 – Disposition after return to Juvenile Court
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Terms Used In Maine Revised Statutes Title 15 Sec. 3317
- Facility: means any physical structure. See Maine Revised Statutes Title 15 Sec. 3003
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile: means a person who had not attained 18 years of age at the time the person allegedly committed a juvenile crime. See Maine Revised Statutes Title 15 Sec. 3003
- Juvenile Court: means the District Court exercising the jurisdiction conferred by section 3101. See Maine Revised Statutes Title 15 Sec. 3003
- Legal custodian: means a person who has legal custody of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
- Parent: means either a natural parent or the adoptive parent of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation: means a legal status created by court order in cases involving a juvenile adjudicated as having committed a juvenile crime that permits the juvenile to remain in the juvenile's own home or other placement designated by the Juvenile Court subject to revocation for violation of any condition imposed by the court. See Maine Revised Statutes Title 15 Sec. 3003
In instances of commitment of a juvenile to the Department of Health and Human Services or a Department of Corrections juvenile correctional facility or when the juvenile is under a specified period of probation, the Commissioner of Health and Human Services or the commissioner’s designee or the Commissioner of Corrections or the commissioner’s designee, or the juvenile following the disposition may for good cause petition the Juvenile Court having original jurisdiction in the case for a judicial review of the disposition, including extension of the period of commitment or period of probation. For a petition initiated by the juvenile, the Department of Health and Human Services or the Department of Corrections shall provide information including, but not limited to, the information in reports required for periodic review pursuant to section 3315. In all cases in which the juvenile is returned to a Juvenile Court, the Juvenile Court may make any of the dispositions otherwise provided in section 3314 and Title 34?A, section 3805, subsection 2. When reviewing a commitment to the Department of Health and Human Services, the court shall consider efforts made by the Department of Corrections and the Department of Health and Human Services to reunify the juvenile with the juvenile’s parents or custodians, shall make a finding regarding those efforts and shall return custody of the juvenile to a parent or legal custodian if the return of the juvenile is not contrary to the welfare of the juvenile. A petition for judicial review of a disposition committing the juvenile to the Department of Health and Human Services must be served on the parents at least 7 days prior to the hearing. Absent extraordinary circumstances, the juvenile may file a petition no more than once every 180 days. A juvenile who has not attained 21 years of age must be represented by counsel at this review. [PL 2021, c. 326, §14 (AMD).]
SECTION HISTORY
PL 1977, c. 520, §1 (NEW). PL 1977, c. 664, §§41-A (AMD). PL 1981, c. 379, §3 (AMD). PL 1981, c. 493, §3 (AMD). PL 1983, c. 480, §B22 (AMD). PL 1985, c. 439, §17 (AMD). PL 1987, c. 400, §4 (AMD). PL 1991, c. 493, §25 (AMD). PL 1995, c. 502, §F10 (AMD). PL 1997, c. 752, §26 (AMD). PL 2003, c. 689, §§B6,7 (REV). PL 2021, c. 326, §14 (AMD).