LD 1139
pg. 3
Page 2 of 5 An Act To Increase Parental Responsibility for Restitution Page 4 of 5
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LR 1151
Item 1

 
department's custody pursuant to the Child and Family
Services and Child Protection Act, Title 22, chapter 1071,
subchapter VII 7.

 
The court may impose conditions that may include
participation by the juvenile or the juvenile's parents or
legal guardian in treatment services aimed at the
rehabilitation of the juvenile, reunification of the
family and improvement of the home environment.

 
C-2. The court may commit a juvenile to the custody of a
relative or other person when the court determines that
this is in the best interest of the juvenile. The court
may not enter an order under this paragraph unless the
parents have had notice and an opportunity to be heard at
the dispositional hearing.

 
E. The court may require the juvenile to make restitution
for any damage to the victim or other authorized claimant
as compensation for economic loss upon reasonable
conditions that the court determines appropriate. For the
purposes of this paragraph, the definitions in Title 17-A,
section 1322 and the provisions of Title 17-A, sections
1324, 1328-A and 1329 apply, except that section 1329,
subsection 3, paragraph A does not apply.

 
E-1.__If after ordering restitution pursuant to paragraph
E the court subsequently finds that the earning capacity
of the juvenile is insufficient to pay restitution to the
victim, the court, in the same proceeding, may order one
or both of the juvenile's custodial parents or any legal
guardian to make restitution to the victim of the offense
for which the juvenile was adjudicated.__For the purposes
of this paragraph, the definitions in Title 17-A, section
1322 and the provisions of Title 17-A, sections 1323,
1324, 1327, 1328-A and 1329 apply.__The amount of
restitution that may be ordered by the court is not
subject to the limitations of Title 14, section 304.

 
F. The court may commit the juvenile to a Department of
Corrections juvenile correctional facility. Whenever a
juvenile is committed to a Department of Corrections juvenile
correctional facility, the court shall determine whether
reasonable efforts have been made to prevent or eliminate the
need for removal of the juvenile from the juvenile's home or
that no reasonable efforts are necessary because of the
existence of an aggravating factor as defined in Title 22,
section 4002, subsection 1-B, and whether continuation in the
juvenile's home would be contrary to the welfare of the
juvenile. This determination does not affect


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