LD 1497
pg. 5
Page 4 of 9 An Act To Amend the Laws Pertaining to the Department of Corrections Page 6 of 9
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LR 1961
Item 1

 
Title 15, section 3308, subsection 7, paragraph B-1, subparagraph
(3) and Title 34-A, section 3003 1216, subsection 1, paragraph F
that a student is not in compliance with a condition of an
individualized plan for the juvenile's rehabilitation and that
condition is relevant to the juvenile's reintegration into the
school, the receiving school administrative unit may deny admission
or participation in public school programs, facilities or
activities as part of an equivalent instruction program pursuant to
section 5021 until the school administrative unit is satisfied that
the condition has been met.

 
Sec. 9. 34-A MRSA §1203, sub-§5, ¶B, as enacted by PL 1983, c. 459, §6,
is amended to read:

 
B. The records and accounts may be released only as
provided in section 3003 1216.

 
Sec. 10. 34-A MRSA §1216 is enacted to read:

 
§1216. Confidentiality of information

 
1.__Limited disclosure.__ All orders of commitment, medical
and administrative records, applications and reports, and facts
contained in them, pertaining to any person receiving services
from the department must be kept confidential and may not be
disclosed by any person, except that public records must be
disclosed in accordance with Title 1, section 408; criminal
history record information may be disseminated in accordance with
Title 16, chapter 3, subchapter 8; and documents other than those
documents pertaining to information obtained by the department
for the purpose of evaluating a client's ability to participate
in a community-based program or from informants in a correctional
or detention facility for the purpose of determining whether
facility rules have been violated or pertaining to a victim's
request for notice of release may, and must upon request, be
disclosed:

 
A.__To any person if the person receiving services, that
person's legal guardian, if any, and, if that person is a
minor, that person's parent or legal guardian give informed
written consent to the disclosure of the documents referred
to in this subsection after being given the opportunity to
review the documents sought to be disclosed;

 
B.__To any state agency if necessary to carry out the
statutory functions of that agency;

 
C.__If ordered by a court of record, subject to any
limitation in the Maine Rules of Evidence, Rule 503;


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