Maine Revised Statutes Title 15 Sec. 3501 – Interim care
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1. Interim care. A juvenile may be taken into interim care by a law enforcement officer without order by the court when the officer has reasonable grounds to believe that:
A. The juvenile is abandoned, lost or seriously endangered in the juvenile’s surroundings and that immediate removal is necessary for the juvenile’s protection; or [PL 2019, c. 525, §29 (AMD).]
B. The juvenile has left the care of the juvenile’s parent or parents, guardian or legal custodian without the consent of the parent or parents, guardian or legal custodian. [PL 2019, c. 525, §29 (AMD).]
[PL 2019, c. 525, §29 (AMD).]
Terms Used In Maine Revised Statutes Title 15 Sec. 3501
- Adult: means a person 18 years of age or over. See Maine Revised Statutes Title 15 Sec. 3003
- Arrest: Taking physical custody of a person by lawful authority.
- Detention: means the holding of a person in a facility characterized by either physically restrictive construction or intensive staff supervision that is intended to prevent a person who is placed in or admitted to the facility from departing at will. See Maine Revised Statutes Title 15 Sec. 3003
- Facility: means any physical structure. See Maine Revised Statutes Title 15 Sec. 3003
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person lawfully invested with the power, and charged with the duty, of taking care of a person and managing the property and rights of the person, who, because of age, is considered incapable of administering the person's own affairs. See Maine Revised Statutes Title 15 Sec. 3003
- Interim care: means the status of temporary physical control of a juvenile by a person authorized by section 3501. See Maine Revised Statutes Title 15 Sec. 3003
- 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
- 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
2. Limit. Under no circumstances shall any juvenile taken into interim care be held involuntarily for more than 6 hours.
[PL 1977, c. 520, §1 (NEW).]
3. Interim care, police record. The taking of a juvenile into interim care pursuant to this section is not an arrest and shall not be designated in any police records as an arrest.
[PL 1977, c. 520, §1 (NEW).]
4. Notification of parents, guardian or custodian. When a juvenile is taken into interim care, the law enforcement officer or the Department of Health and Human Services shall, as soon as possible, notify the juvenile’s parent, guardian or legal custodian of the juvenile’s whereabouts. If a parent, guardian or legal custodian cannot be located, such notification shall be made to a person with whom the juvenile is residing.
[PL 1981, c. 619, §5 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
5. Interim care, placement.
A. When a law enforcement officer takes a juvenile into interim care, the officer shall contact the Department of Health and Human Services which shall designate a place where the juvenile will be held. [PL 1981, c. 619, §6 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
B. The law enforcement officer shall take the juvenile to the Department of Health and Human Services or to the location specified by the department without unnecessary delay. [PL 1981, c. 619, §7 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
C. [PL 1981, c. 619, §8 (RP).]
[PL 1981, c. 619, §§6-8 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
6. (omitted).
Revisor’s Note: Subsection 6 omitted when section enacted by PL 1977, c. 520, §1
7. Interim care, restriction on placement and transportation.
A. A juvenile taken into interim care may not be placed in a jail or other secure detention or correctional facility intended or used to detain adults accused or convicted of crimes or juveniles accused or adjudicated of juvenile crimes. [PL 1997, c. 752, §28 (AMD).]
B. Notwithstanding paragraph A, a juvenile taken into interim care may be held, if no other appropriate placement is available, in the public sections of a facility described in section 3203?A, subsection 7, paragraph B if there is an adequate staff to supervise the juvenile’s activities at all times or in accordance with section 3203?A, subsection 7?A. [PL 1997, c. 752, §29 (AMD).]
C. To the extent practicable, a juvenile taken into interim care shall not be placed or transported in any police or other vehicle which at the same time contains an adult under arrest. [PL 1977, c. 520, §1 (NEW).]
[PL 1997, c. 752, §§28, 29 (AMD).]
8. Interim care; voluntary services. The Department of Health and Human Services shall inform the juvenile and the juvenile’s parent or parents, guardian or legal custodian of social services and encourage them to voluntarily accept social services.
[PL 2019, c. 525, §30 (AMD).]
9. Interim care, identification of juvenile. No fingerprints of a juvenile taken into interim care pursuant to this section may be obtained from the juvenile. Solely for the purpose of restoring a juvenile to his residence, the juvenile’s name, address, photograph and other reasonably necessary information may be obtained and transmitted to any appropriate person or agency.
[PL 1977, c. 664, §47 (AMD).]
SECTION HISTORY
PL 1977, c. 520, §1 (NEW). PL 1977, c. 664, §47 (AMD). PL 1981, c. 619, §§5-9 (AMD). PL 1985, c. 439, §18 (AMD). PL 1993, c. 354, §12 (AMD). PL 1997, c. 752, §§28,29 (AMD). PL 2003, c. 689, §B6 (REV). PL 2019, c. 525, §§29, 30 (AMD).