Maine Revised Statutes Title 34-A Sec. 3809-A – Commissioner’s guardianship powers
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1. Juvenile client. The commissioner has all the power over a juvenile client that a guardian has over a ward and that a parent has over a child with regard to person, allowable property that the juvenile client has at the Long Creek Youth Development Center, earnings that the juvenile client receives during the juvenile client’s stay at the Long Creek Youth Development Center and the rehabilitation of every juvenile client. If a juvenile client is or becomes 18 years of age while still under commitment, the statutory guardianship of the commissioner over the juvenile client terminates, but the juvenile client remains subject to the control of the commissioner, staff and rules of the facility until the expiration of the period of commitment or until discharge from the facility.
[PL 1999, c. 583, §32 (AMD); PL 2001, c. 439, Pt. G, §6 (AMD).]
Terms Used In Maine Revised Statutes Title 34-A Sec. 3809-A
- Commissioner: means the Commissioner of Corrections or his designee, except that, when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Corrections and not to any designee. See Maine Revised Statutes Title 34-A Sec. 1001
- 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.
- Juvenile client: means a juvenile committed to a juvenile correctional facility who is either residing at the facility or is on community reintegration status, or ordered confined in a juvenile correctional facility pursuant to Title 12, section 6004, 8004 or 10608; Title 15, section 3314, subsection 1, paragraph H; Title 15, section 3314, subsection 7; or Title 29?A, section 115. See Maine Revised Statutes Title 34-A Sec. 1001
- Juvenile detainee: means a juvenile detained at a departmental juvenile facility pending a court proceeding or pursuant to Title 15, section 3312, subsection 3, paragraph D. See Maine Revised Statutes Title 34-A Sec. 1001
2. Juvenile detainee. The commissioner has all the power over a juvenile detainee that a guardian has over a ward and that a parent has over a child with regard to necessary medical care and necessary mental health care. If a juvenile detainee is or becomes 18 years of age while still detained, the statutory guardianship of the commissioner over the juvenile detainee terminates, but the juvenile remains subject to the control of the commissioner, staff and rules of the facility until release from the facility.
[PL 2019, c. 155, §1 (AMD).]
3. Psychiatric hospitalization. The commissioner has all the power over a juvenile client or juvenile detainee that a guardian has over a ward and that a parent has over a child with regard to necessary psychiatric hospitalization, including hospitalization in a nonstate mental health institution or hospital for the mentally ill. If a juvenile client or juvenile detainee is or becomes 18 years of age while still under commitment or while still detained, the statutory guardianship of the commissioner over the juvenile client or juvenile detainee terminates, but the juvenile client or juvenile detainee remains subject to the control of the commissioner and staff and rules of the facility until the expiration of the period of commitment or until release or discharge from the facility. Nothing in this subsection may be construed to override the requirement to make application for psychiatric hospitalization in accordance with Title 34-B, section 3863, unless hospitalization is made with the juvenile client’s or juvenile detainee’s consent in accordance with Title 34-B, section 3831. If placement in a licensed residential care facility providing a mental health treatment program is an appropriate alternative to psychiatric hospitalization, that placement may be made by the commissioner with the juvenile client’s or juvenile detainee’s consent.
[PL 2005, c. 328, §20 (AMD).]
SECTION HISTORY
PL 1983, c. 581, §§51,59 (NEW). PL 1997, c. 752, §38 (RPR). PL 1999, c. 401, §J4 (AMD). PL 1999, c. 510, §5 (AMD). PL 1999, c. 583, §32 (AMD). PL 2001, c. 439, §G6 (AMD). PL 2001, c. 517, §1 (AMD). PL 2003, c. 410, §15 (AMD). PL 2003, c. 706, §A11 (AMD). PL 2005, c. 328, §20 (AMD). PL 2019, c. 155, §1 (AMD).